legislation: 100-hr-3152
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 100-hr-3152 | 100 | hr | 3152 | Court Reform and Access to Justice Act of 1987 | Law | 1987-08-06 | 1988-06-14 | Clean Bill H.R.4807 Forwarded by Subcommittee to Full Committee in Lieu. | House | Rep. Kastenmeier, Robert W. [D-WI-2] | WI | D | K000020 | 0 | Court Reform and Access to Justice Act of 1987 - Title I: Mandatory Jurisdiction of the Supreme Court - Repeals provisions of the Federal judicial code authorizing any party (in a proceeding to which the United States is a party) to appeal directly to the Supreme Court from a Federal court order which declares an Act of Congress unconstitutional. Repeals Supreme Court mandatory jurisdiction with respect to Federal appellate court decisions holding State statutes unconstitutional. Repeals Supreme Court mandatory jurisdiction with respect to decisions of State courts (including Puerto Rico) which hold: (1) a Federal treaty or statute invalid; or (2) a State law invalid. Title II: Rules Enabling Act - Amends the Federal judicial code with respect to the Supreme Court's power to prescribe Federal rules of civil procedure (including bankruptcy rules). Grants the Supreme Court power to prescribe rules of evidence. (Currently, the Supreme Court has the power to prescribe amendments to rules of evidence which are promulgated by the Congress.) Authorizes the Judicial Conference of the United States to appoint committees to recommend Federal rules of practice, procedure, and evidence. Directs the Judicial Conference to appoint a standing committee on rules of practice, procedure, and evidence to review all committee recommendations. Sets forth procedures for the consideration of proposed rules. Requires the Judicial Conference to: (1) compile rules and orders with regard to procedures dealing with judicial discipline; and (2) review procedural rules for consistency with the Conference's rules of practice, procedure, and evidence. Requires each judicial council to review certain district court rules for consistency with rules prescribed by the Supreme Court. Authorizes each council to modify or abrogate any rule found to be inconsistent. Amends the Federal criminal code to rescind the power of the Supreme Court to prescribe rules of criminal practice and procedure for: (1) trials held by magistrates; and (2) appeals to district courts from magistrate-held trials. Title III: Arbitration - Amends the Federal Rules of Civil Procedure to empower (on an experimental basis) specified U.S. district courts to authorize the use of arbitration. Permits such courts to: (1) allow arbitration where the parties consent; and (2) require arbitration where the relief sought consists only of money damages not in excess of $100,000. Disallows referrals to arbitration where the action is based on an alleged violation of a right secured by the Constitution. Grants arbitrators the power to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Provides that the arbitration award shall be filed with the clerk of the district court and (after 30 days) entered as the judgment of the court. States that such judgment shall not be subject to review in any court of appeal. Allows any party, within 30 days after the filing of an arbitration award, to demand a trial de novo in the district court. Requires the specified district courts to: (1) establish standards for the certification of arbitrators; (2) certify arbitrators; and (3) establish the amount of compensation that each arbitrator shall receive. Allows the Judicial Conference of the United States to develop interim model rules for arbitration procedure. Requires the Director of the Administrative Office of the U.S. Courts to include in its annual report on Administrative Office activities statistical information regarding the implementation of this Act. Requires the Federal Judicial Center to report to the Congress on the implementation of this Act. Authorizes appropriations. Sets forth certain requirements for the appeal of an arbitration order or decision. Title IV: General Jurisdiction Reform - Subtitle A: Multiparty, Multiforum Jurisdiction - Grants Federal district courts original jurisdiction over civil actions arising out of an event which results in injury to: (1) 25 or more persons, provided the amount in controversy exceeds $50,000 per person and diversity of citizenship exists; or (2) 5 or more persons, provided the amount in controversy exceeds $10,000 per person, diversity of citizenship exists, and all parties cannot be joined in one State, or actions are brought in different forums for claims arising out the same transaction or occurrence. Sets forth requirements and procedures with regard to venue, the removal of actions, choice of law issues, and service of process. Subtitle B: Diversity Reforms - Increases the amount in controversy required as a basis for Federal district court jurisdiction from $10,000 to $50,000. Directs the Judicial Conference of the United States to report to the Congress on the effects of this title. Provides that, for the purposes of diversity of citizenship in cases involving multistate corporations, insurers shall be deemed to be citizens of: (1) the State in which the insured is a citizen; (2) any State by which the insurer has been incorporated; and (3) any State in which the insurer does business. Title V: Federal Judicial Center - Establishes the Federal Judicial Center Foundation as a nonprofit corporation to accept gifts of real and personal property and services made for the purpose of aiding or facilitating the work of the Federal Judicial Center. Authorizes the Federal Judicial Center to administer and use the gifts received by the Foundation. Requires gifts of money and proceeds from the sale of property received as gifts to be deposited in a separate fund in the Treasury. Requires the Foundation to submit annual reports to specified congressional committees with respect to the gifts received. Grants the Federal Judicial Center authority to: (1) implement programs to collect, preserve, and make available materials relating to the history of the judicial branch of the Government; and (2) provide training for persons outside the judicial branch. Provides for the appointment of the Deputy Director of the Federal Judicial Center. Title VI: Temporary Emergency Court of Appeals - Abolishes the Temporary Emergency Court of Appeals (effective September 30, 1988). Title VII: Appeals of Civil Actions - Grants the courts of appeals (other than the Court of Appeals for the Federal circuit) exclusive jurisdiction of appeals from all final decisions of the district courts unless: (1) direct review may be had in the Supreme Court; or (2) exclusive jurisdiction is vested in the Court of Appeals for the Federal Circuit. Grants the courts of appeals jurisdiction of appeals from interlocutory orders of the district courts when essential to protect substantial rights which cannot be effectively enforced on review after final decision. Title VIII: State Justice Institute Amendments - Amends the State Justice Institute Act of 1984 with respect to procedural matters. Title IX: Miscellaneous Provisions - Directs the Director of the Administrative Office of the U.S. Courts to provide court interpretation services in pretrial and grand jury proceedings in actions instituted by the United States and conducted in a U.S. district court. Amends the Federal judicial code with respect to the temporary excuse of prospective jurors and the jury selection procedures. Repeals divisional venue in civil cases. Revises various provisions with respect to procedural and administrative matters. | 2025-08-28T20:05:09Z |