NCJ Number
88104
Journal
Judicature Volume: 66 Issue: 8 Dated: (March 1983) Pages: 363-370
Date Published
1983
Length
8 pages
Annotation
Although proposed amendments to the Federal rules of civil procedure impose few requirements, they provide a framework for more aggressive pretrial control by the judge.
Abstract
In June 1981, the Judicial Conference's Advisory Committee on the Federal Rules of Civil Procedure proposed extensive amendments to the civil rules designed to deal with problems of court delay and expense. In September 1982, the Conference approved the amendments and forwarded them to the Supreme Court. Although it is possible that Congress or the Court may modify or reject the proposed amendments, the issues they raise are important to consider. The basic thrust of the amendments is to remedy problems of expense and delay by imposing greater responsibility on lawyers not to abuse litigation, by promoting early and active judicial management of litigation, particularly discovery, and by stimulating the use of sanctions to shift the cost of litigation onto those who abuse it. While the amendments do make a number of substantive changes, their central aim is to expand practices that have been used by many judges for years. If the Court or Congress substantially dilutes the amendments, this may slow the trend toward greater judicial control of litigation. Even if the proposed amendments are adopted verbatim, however, the only additional action judges will have to take will be the entering of scheduling orders within 120 days of filing of the complaint. The amendments should encourage judges who have not yet used aggressive pretrial control to do so. Effective reform, however, will finally depend on wide acceptance of the tenor, not just the letter, of the amendments. Thirteen footnotes are provided.