NCJ Number
127449
Date Published
1990
Length
160 pages
Annotation
Civil delay has risen substantially in the Los Angeles Superior Court during the past two decades, and civil litigants who want a jury trial must wait an average of five years from the time of case filing.
Abstract
The long wait to trial has caused a profound crisis in the court, one that impedes civil litigants' access to justice. Frustrated litigants sometimes accept a settlement rather than wait for an open courtroom. Even worse, litigants sometimes lose faith entirely in the public justice system's ability to resolve their disputes. The statutory priority accorded criminal defendants in scheduling trials, combined with burgeoning criminal caseloads, will mean continued long delays for civil litigants if something is not done. Some measures to reduce civil delay are already in place. A major effort currently underway involves 25 civil judges in a pilot "fast-track" program mandated by the Trial Court Delay Reduction Act of 1986. This experimental program processes civil cases using an individual judge calendar system, time standards, limited continuances, and active judicial case management. Three causes of civil case delay are identified: demand for judicial services exceeds supply; court and case management need improvement; and some litigants or their lawyers may be delaying case progress intentionally. Steps needed to reduce civil delay are to increase court resources and manage current resources more effectively. Supplemental data on civil case delays are appended. 77 tables and 18 figures