NCJ Number
194238
Date Published
2000
Length
224 pages
Annotation
This report provides an overview of the case management practices of Federal courts of appeals in effect in the late 1990's.
Abstract
Based on various source materials, this study prepared for each court a preliminary profile of practices in specific case-management areas. Part I of the report highlights key areas in which variation exists in the operations of the courts of appeals. Variations in court organization and staffing focus on panel types used and available judge power and the use of visiting judges. Other variations exist in the organization and general duties of nonjudicial staff. Variations in case management address the following areas of operation: getting the appellate process started; pre-argument conferencing, mediation, or settlement programs; case screening; screening by staff; screening by judges; the selection of cases for oral argument; other assessments made during the screening process; decision without argument; motions management; panel types; panel operations; motions decided by a single judge; motions generally decided by more than one judge; argument and case-assignment practices; oral argument and representation by counsel; dissents and concurrences; case outcomes; reasoned versus "without comment" opinions; availability of not-for-publication opinions; en banc rehearings and other efforts to maintain consistency; procedures used to minimize intracircuit and intercircuit conflicts; and special procedures for pro se cases. Part II of this report presents circuit-by-circuit descriptions of how each court of appeals manages its caseloads, with attention to the aforementioned areas of case management.