Judicial Case Management And Efficiency In Civil Litigation
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Civil Case Management in the Twenty-First Century: Court Structures Still Matter by Peter C.H. Chan,C.H. van Rhee Pdf
The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
Judicial Case Management and Efficiency in Civil Litigation by C. H. van Rhee Pdf
This book addresses judicial case management and issues of efficiency in civil litigation. Apart from France, the focus is on the issues in three comparatively small jurisdictions which are often ignored in the international legal debate - Scotland, Belgium, and the Netherlands. In addition, the ALI /Unidroit Principles of Transnational Civil Procedure and the Storme Report are considered. The volume also contains a contribution on the history of case management in Europe from the end of the 19th century. The book shows that effective judicial case management is likely to flourish in an environment where: (1) the rules of civil procedure do not prescribe a uniform procedural framework for each and every case, but differentiate between different types of cases; (2) these rules leave the judge with the necessary discretion to manage individual cases - preferably in close co-operation with the parties - and the caseload as a whole; (3) this discretion is only exercised to promote certain well-defined goals - in particular, efficiency, appropriate speed, and moderate cost; (4) the parties and their lawyers have a duty and the necessary incentives to cooperate; (5) there are adequate sanctions in respect of parties and lawyers who refuse to cooperate; and (6) courts are provided with adequate resources in order to create an environment where judges and highly qualified court staff can manage cases within a organizational framework that meets contemporary needs and standards.
The challenges courts face today all over the world can only be solved in close cooperation between judges and academics. The anthology brings judges from China, Germany, Slovenia, England and Wales and Norway and academics together for a cross-border dialogue.
Civil Litigation in China and Europe by C.H. (Remco) van Rhee,Fu Yulin Pdf
This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Author : The Jud Conference of the United States Publisher : Lulu.com Page : 222 pages File Size : 49,5 Mb Release : 2020-03-19 Category : Reference ISBN : 1678027685
Civil Litigation Management Manual (Second Edition) by The Jud Conference of the United States Pdf
After the passage of the Civil Justice Reform Act of 1990 (CJRA), and the judiciaryÕs implementation of the requirements of that Act, the Judicial Conference stated that Ò[t]he federal judiciary is committed to, and believes in, sound case management to reduce unnecessary cost and delay in civil litigation, and thus ensure the Ôjust, speedy, and inexpensiveÕ determination of civil actions called for in the Federal Rules of Civil Procedure.Ó It has been shown that managed cases will settle earlier and more efficiently, and will provide a greater sense of justice to all participants. Even in the absence of settlement, the result will be a more focused trial, increased jury comprehension, and a more efficient and efficacious use of our scarcest institutional resource, judge time.
Just, Speedy, and Inexpensive? by James S. Kakalik,Rand Corporation,Institute for Civil Justice (U.S.) Pdf
The Judicial Conference and the Administrative Office of the U.S. Courts asked RAND's Institute for Civil Justice to evaluate the implementation of the Civil Justice Reform Act in ten pilot districts. The study found that (1) the CJRA pilot program as implemented, had little effect on time to disposition, litigation costs, and attorney satisfaction and views of the fairness of case management; (2) judges' actions matter: early judicial case management sharply reduced time to disposition but is associated with significantly increased costs to litigants, but shortened time to discovery cutoff is associated with significantly decreased attorney work hours; (3) if early case management and early setting of the trial schedule are combined with shortened discovery, the increase in costs associated with the former can be offset by the decrease associated with the latter. The study also notes that since adoption of the CJRA, the total number of cases pending more than three years has dropped by about 25 percent from its pre-CJRA level.
Justice and Efficiency in Mega-Litigation by Anna Olijnyk Pdf
Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
An Evaluation of Judicial Case Management Under the Civil Justice Reform Act by James S. Kakalik,Terrence Dunworth,Laurel A. Hill,Daniel F. McCaffrey,Marian Oshiro Pdf
This report describes the effects of the CJRA case management principles on time to disposition, costs, and participants' satisfaction and views of fairness.
The Management of Civil Cases by John Peysner,Mary Seneviratne Pdf
"The civil justice reforms, introduced in 1999, aimed to improve access to justice by reducing the inequalities, cost, delay and complexity of civil litigation, and to introduce greater certainty for timescales and costs. This was to be achieved by shifting the responsibility for the mangement of civil litigation in England and Wales from litigants and their legal advisers to the courts. This "case management" was to be achieved by means of pre-action protocols; control of simpler and lower value cases by a prescribed set of rules in the Fast Track; and control of higher value and/or more complex cases in the Multi-Track. This research project is focused on case managment in the Fast and Multi Tracks. It is a qualitative investigation, consisting of a series of interviews and focus groups in 2003 and 2004 with a wide range of judges, court officials and practitioners. It focussed on eight county courts, which offered a varied diet of town and country and different levels of litigation activity. One of the most striking aspects of activity within the litigation system is the enormous drop in cases litigated since the introduction of the Civil Procedure Rules." -- from the Executive Summary, p. i.
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Dimensions of Evidence in European Civil Procedure by Vesna Rijavec,Tomaž Keresteš Pdf
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems by Alan Uzelac Pdf
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.
