CIVIL JUSTICE REFORM MODEL STATE AMENDMENTS: HOW WILL THEY AFFECT STATE COURTS?

• NCJ Number: 142008
• Journal: State Court Journal Volume: 17 Issue: 1 Dated: (Winter 1993) Pages: 14-17
• Author(s): J A Goerdt
• Date Published: 1993
• Length: 4 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

Model amendments to reform civil justice in the United States, released in February 1992, contain 10 specific model legislative acts for consideration by individual States.

Abstract

The Pre-Complaint Notice Requirement Act would require most plaintiffs to transmit a notice of intent to file a lawsuit to defendants 30 days before filing a complaint. The Civil Multi-Door Courthouse Act would require the chief justice to establish an alternative dispute resolution (ADR) plan in every general jurisdiction trial court in the State. The Core Disclosure and Discovery Provision would require early disclosure of core information, such as witness names and addresses and location of relevant documents, to the defendant. In the Offer of Settlement Act, if a party serves the opponent a written offer to settle a case, the offer would remain effective for 30 days; no response after 30 days would classify the offer as rejected. The Pretrial Settlement Conference Provisions would require that litigants meet before the court or a neutral third person appointed by the court to discuss settlement and possible resort to ADR procedures within no more than 120 days after a complaint is filed. The Amendment for Facilitating Summary Judgment would require a judge to render a summary judgment upon motion by one of the parties, if there is no disagreement on the facts. The Expert Testimony Provision would require that expert testimony be based only on widely accepted explanatory theory, including theories accepted by a substantial minority of experts in a given field. The Award of Attorney Fees to Prevailing Party Act, a controversial model amendment, would require the nonprevailing party to pay attorney fees of the prevailing party, but the amount could exceed attorney fees of the nonprevailing party with regard to the case at issue. The Accuracy-in-Pleading Provision would give judges the power to penalize those responsible for making unfounded assertions, while the Legislation and Regulation Drafting Act would require legislatures to eliminate drafting errors. 11 notes