NCJ Number
86058
Date Published
1980
Length
24 pages
Annotation
This conference paper outlines recommendations of the Action Commission regarding reduction of litigation cost and delays.
Abstract
The Action Commission suggests that the courts can and should deal only with certain types of disputes and then only at certain stages in their development. Arbitration should remain a popular alternative for resolution of categories of disputes in the United States. Action Commission efforts focus on action through testing of a variety of innovative proposals throughout the country, consumer orientation, and coordination of existing organizations. There are three basic approaches to reducing litigation costs and delay. These approaches include decreasing the number of cases in court through such mechanisms as no-fault insurance, adding resources to the courts, and improving court efficiency. The Action Commission has adopted a strategy centering on the third alternative. Procedural reform is one means currently being tested in two California superior courts. This project features prompt trial and settlement of cases involving less than $25,000. Narrative pleading, limited motions and discovery, compelled disclosure of specified information, relaxed rules of evidence, and a 20-day limit for trial in municipal court from the day of complaint filing characterize the plan. Structured settlements, lawyer cooperation in reducing delays, and an efficient case management structure are also being tested at several project sites. Forty-two footnotes are provided.