Civil Procedure
FIGHTING FOR OUR RIGHTS - THE LGBTQ COMMUNITY·TUESDAY, APRIL 4, 2017
A little civil procedure overview I’d like to share, Brandie R DeVore
"Understanding the current Civil Justice System needs major repair and that current rules don’t always lead to early identification of Contested issues."
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Pretrial procedures in civil cases primarily consist of notice, pleadings,
discovery/depositions, and pretrial hearings. The Federal Rules of Civil Procedure
(FRCP) outlines pretrial rules and procedures in federal civil cases. State civil
procedural rules often follow the FRCP, with variations made to accommodate state
practices and court structure.
Links to related online resources are listed below. Nondigitized
publications may be
borrowed from the NCSC Library; call numbers are provided.
Civil Justice System
Procedural Fairness in California: Initiatives, Challenges, and
Recommendations (2011). Center for Court Innovation. In 2008, the California
Administrative Office of the Court’s Executive Office Programs Division
commissioned the Center for Court Innovation to conduct a thorough needs
assessment and analysis of best practices in promoting procedural fairness among
the state’s civil and traffic cases. This report describes findings from over 20 site
visits and nearly 50 stakeholder interviews along with a document and website
review.
Rebecca L. Kourlis and Brittany K.T. Kauffman The American Civil Justice
System: From Recommendations to Reform in the 21st Century .
Fighting For Our Rights Does Pro Bono Consulting On All LGBTQ Legal issues.
Understanding the current Civil Justice System needs major repair and that current rules do not always lead to early identification of contested issues, Kourlis
and Kauffman discuss pilot programs that work to increase efficiency while still
making sure justice is served. The pilot project includes the following themes: case
differentiation, incorporation of proportionality principles in discovery, and an
increase in judicial case management. The overall goal is to prioritize justice and
reduce the cost of current programs.
Gerety, Corina. Surveys of the Colorado Bench and Bar on Colorado's
Simplified Pretrial Procedure for Civil Actions (2010). Institute for the
Advancement of the American Legal System. In June and July of 2010, IAALS
conducted two surveys of Colorado legal professionals to examine Colorado Rule of
Civil Procedure 16.1 ("Rule 16.1"). Rule 16.1 sets forth a simplified pretrial
procedure for certain civil actions in Colorado District Court ("District Court"), the
state trial court of general jurisdiction governed by the Colorado Rules of Civil
Procedure ("CRCP").
21st Century Civil Justice System: A Roadmap for Reform: Pilot Project Rules
(2009). University of Denver, Institute for the Advancement of the American Legal
System This report from the American College of Trial Lawyers (ACTL) and the
Institute for the Advancement of the American Legal System (IAALS) urges
Trusted Leadership. Proven Solutions. Better Courts.
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jurisdictions to use these published Rules as a roadmap for consideration in
creating and implementing pilot projects to improve the civil justice system.
Case Processing Time Standards. National Center for State Courts. This
database compiles state by state information about Case Processing Time
Standards (CPTS) including Civil and how states monitor them.
Civil Case Reporting (2009). Research Division, NCSC and Conference of State
Court Administrators. Civil Section from State Court Guide to Statistical
Reporting.
Civil Caseloads .
National Center for State Courts. An article from Examining the
Work of State Courts: An Analysis of 2009 State Court Caseloads. The Court
Statistics Project collects and analyzes data relating to the work of our nation's
courts.
Galanter, Marc and Susan Steingass Civil Justice in Wisconsin: A Fact Book
(2009). The University of Wisconsin Law School This resource discusses civil case
filings in Wisconsin, the type of civil case, and how many cases went to trial.
Use of Civil Cover Sheets in Other States (2009). Texas Office of Court
Administration This report details results received in response to a survey about
usage of civil cover sheets among the state courts.
Civil Justice Survey (2005). National Center for State Courts. Active for the last
two decades, the Civil Justice Survey of State Courts comprises multiple iterations
to examine and analyze civil litigation across the nation. The series allows for an indepth look at civil trials over time, permitting researchers and policy makers to analyse trends.
