An Evaluation of Judicial Case Management Under the Civil Justice Reform Act

Front Cover
James S. Kakalik
RAND, 1996 - Law - 349 pages
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The Civil Justice Reform Act of 1990 (CJRA) required each federal district court to develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management, and required an independent evaluation to assess their effects. This report is one of four documents describing the evaluation, which was conducted by RAND's Institute for Civil Justice. The report describes the effects of the CJRA case management principles on time to disposition, costs, and participants' satisfaction and views of fairness. The study found that the CJRA's package of case management policies, as implemented, had little effect on any of these outcomes. However, what judges do to manage cases does matter. A package of procedures containing early judicial management, early setting of a trial date, and shorter time to discovery cutoff could reduce time to disposition by 30 percent, with no change in litigation costs, satisfaction, or perceived fairness. See also MR-800-ICJ, MR-801-ICJ, and MR-803-ICJ.

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Contents

A
2
Chapter Eight
5
A
8
Chapter Three
23
Chapter Four
47
Chapter
61
Chapter Seven
71
Chapter Nine
81
E Analysis of Lawyer Work Hours
189
Attorneys Responding with Work Hours on General Civil Cases
191
Estimated Effect for Selected Policy Variables Measured
209
F Analysis of Satisfaction
213
Estimated Effects of the Components of Early Management
222
G Analysis of Views of Fairness
229
1991 Sample General
235
H Analysis of Time Expended by Judicial Officers
243

Chapter
87
Appendix
95
High Medium and Low Categories of Cases by Nature of Suit
98
4
99
Average Sample Case Weight 1 00
110
B Surveys Conducted and N onresponse Weighting
115
Recent Trends in Federal District Courts
129
Analysis of Time to Disposition
155
Judge Survey Responses
255
J Lawyer Survey Responses
265
K Litigant Survey Responses
287
Annotated Bibliography of Recent Research Literature on Issues
303
BIBLIOGRAPHY
321
ICJ Publications
333
Copyright

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