NCJ Number
8196
Date Published
1971
Length
33 pages
Annotation
SURVEY OF THE COURTS' CONTROL OVER CASEFLOW FROM FILING TO TERMINATION, ATTORNEY COURT SCHEDULE CONFLICTS, AND POLICIES AND PRACTICES ON CONTINUING TRIALS.
Abstract
COURTS HAVE UNINTENTIONALLY RELINQUISHED CONTROL OF THE CASEFLOWS THROUGH SUCH DEVICES AS ROUTINE REINSTATEMENT AFTER DISMISSAL AND BY ALLOWING COUNSEL TO DECLARE READINESS FOR TRIAL AND PLACEMENT ON THE TRIAL LIST FAR IN ADVANCE OF THE TIME THE CASE CAN ACTUALLY BE READY. OTHER REASONS FOR THE COURTS' LOSS OF CONTROL ARE THE VIRTUAL AUTOMATIC FIRST CONTINUANCES BY AGREEMENT OF COUNSEL, AND SYSTEMS WHICH ALLOW AS MUCH AS THREE YEARS OF INACTIVITY BEFORE THE COURT DISMISSES OR ENTERS A DEFAULT. SEVERAL NEW RULES AND PROCEDURES ARE PROPOSED TO GIVE THE COURTS A GREATER DEGREE OF CONTROL OVER CASEFLOW. (AUTHOR ABSTRACT MODIFIED)