NCJ Number
157001
Journal
Judges' Journal Volume: 34 Issue: 3 Dated: (Summer 1995) Pages: 4-6,8-9,39-40
Date Published
1995
Length
7 pages
Annotation
Trial courts should use active docket management to provide the least burdensome, most efficient means of resolving disputes within a traditional legal framework, rather than letting private litigants deliberately delay the proceedings.
Abstract
When parties make a decision to seek redress in the court system, the filing of the lawsuit should be an affirmation that the parties cannot individualize a settlement and are seeking the imposition of public justice. The filing of the lawsuit places its resolution in public hands. The most efficient litigation system is the one that requires the least amount of paperwork and the fewest courtroom appearances to complete the public resolution of the lawsuit. Dormant cases create the equivalent of an administrative logjam impeding the flow of cases for which a speedy resolution is sought. The type of court will largely determine the format of the court's docket. No single docketing system will work under every circumstance. The factors that determine success are that each setting is meaningful, time is allocated in a flexible way that responds to each type of case, and the expectations of the judge and court staff are recognized as requirements by the bar. In addition, the court must apply the docketing system in an aggressive manner. Good docket management lowers the cost of litigation, eliminates delay, and improves the public perception of public justice. Footnotes