NCJ Number
95115
Date Published
1984
Length
91 pages
Annotation
An American Bar Association Commission test of three models to reduce court costs and delays resulted in simplified to reduce court costs and delays resulted in simplified pretrial phases, shortened appeal time, and reduced costs.
Abstract
In the primary test site in Kentucky, combined judicial control and simplification rules reduced average filing-to-disposition time from 16 months to 5 months. Cases involved less discovery and fewer motions, and attorneys spent less time on each case. Variations of this program in Vermont, Colorado, and California revealed that without both judicial control and procedural simplification, results were not as dramatic. Interviewed lawyers and judges believed the litigation process had not been adversely affected by limitations and deadlines. Cooperation between the bench and the bar is needed to spot points of delay and design programs to combat them. An appellate model reduced total appeal time from 14 months to just under 8 months, limited briefings to 10 pages, allowed 20 days for briefing, and put no preset time limits on oral arguments. Expedited cases averaged fewer than 100 days from briefing to decision. Telephone conferencing in Colorado and New Jersey trial courts was successfully used to discuss all types of nonevidentiary motions, pretrial and settlement conferences, criminal pretrial motions, and bail settings. It gave judges additional scheduling flexibility and saved about $150 per motion. Fees for appeals were reduced about $1,000 per appeal. However, reduction in delay through savings in attorney time will not result in reducing litigants' expenses unless those savings are translated into lower fees. Attorneys' fee structures and charging practices need to be reappraised, with emphasis given to a review of contingency fees. Tabular data, references, and suggested readings are provided. (Author abstract modified).