Civil Case Backlogs in Federal District Courts: Hearings Before the Subcommittee on Courts of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, First and Second Sessions on the Problem of Civil Case Backlogs in the Federal Judicial System in District and Appellate Courts, November 8, 1983, and February 1, 1984
U.S. Government Printing Office, 1984 - 255 pages
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action additional administrative adopted advisor amendments amount appeal apply arbitration attorneys authorized backlog bankruptcy caseload Chairman changes circuit civil claims Committee concern conduct Conference Congress consent considered constitutional continue costs counsel criminal currently deal decision delay designed determination discovery discuss disposition district courts district judge diversity effective enter established fact federal courts Federal Magistrates filed final findings further hearing increase involving issue judgment judicial Judicial Conference JUNE 30 jurisdiction jury Justice lawyers limits litigation magistrates matters meeting mini-trial months motion novo Office panel parties PENDING period positions practice present pretrial problem procedure proceeding proposed questions reasonable recommendations reduce reference request resolution resolve response result Rule sanctions scheduling Senator Senator HEFLIN serve settlement standards statement terminated tion Tort trial United
Page 31 - ... to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Page 146 - ... and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States ; between a State and citizen of another State; between citizens of different States ; between citizens of the same State claiming lands under grants of different States ; and between a State, or the citizens thereof, and foreign states, citizens, or subjects.
Page 46 - Report to the President and the Attorney General of the National Commission for the Review of Antitrust Laws and Procedures "=— focused on the market power of agricultural cooperatives in its discussion of the monopoly potential under existing law.
Page 33 - ... obtainable from some other source that is more convenient, less burdensome, or less expensive...
Page 143 - On the common law side of the Federal courts, the aid of juries is not only deemed appropriate but is required by the Constitution itself. In cases of equity and admiralty, it is historic practice to call to the assistance of the courts, without the consent of the parties, masters and commissioners or assessors, to pass upon certain classes of questions, as, for example, to take and state an account or to find the amount of damages. While the reports of masters and commissioners in such cases are...
Page 51 - ... as possible to be certain that the litigants make substantial progress with the case and avoid the inefficiency of having that preparation repeated when there is a delay between the last pretrial conference and trial. An optimum time of 10 days to two weeks has been suggested by one federal judge. Rubin, The Managed Calendar: Some Pragmatic Suggestions About Achieving the Just, Speedy and Inexpensive Determination of Civil Cases in Federal Courts, 4 Just.
Page 177 - The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the court in a civil action, except that the judgment shall not be subject to review in any other court by appeal or otherwise.
Page 38 - Greater attention by the district courts to pleading and motion abuses and the imposition of sanctions when appropriate, should discourage dilatory or abusive tactics and help to streamline the litigation process by lessening frivolous claims or defenses.
Page 47 - Given the significant changes in federal civil litigation since 1938 that are not reflected in Rule 16, it has been extensively rewritten and expanded to meet the challenges of modern litigation. Empirical studies reveal that when a trial judge intervenes personally at an early stage to assume judicial control over a case and to schedule dates for completion by the parties of the principal pretrial steps, the case is disposed of by settlement or trial more efficiently and with less cost and delay...