legislation: 101-hr-3898
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| 101-hr-3898 | 101 | hr | 3898 | Civil Justice Reform Act of 1990 | Law | 1990-01-25 | 1990-10-27 | Indefinitely postponed by Senate by Unanimous Consent. | House | Rep. Brooks, Jack B. [D-TX-9] | TX | D | B000880 | 3 | Civil Justice Reform Act of 1990 - Amends the Federal judicial code to require U.S. district courts to implement a civil justice expense and delay reduction plan to facilitate adjudication, monitor discovery, improve litigation management, and ensure just, speedy, and inexpensive resolution of civil disputes. Requires each district plan to be developed or selected after consideration of the recommendations of an advisory group. Directs each advisory group to assess the state of the court's civil and criminal dockets by: (1) determining the condition of such dockets; (2) identifying trends in case filings and in the demands being placed on the court's resources; and (3) identifying the principal causes of cost and delay in civil litigation. Requires the chief judge of each district court to transmit a copy of the plan and a report to the Director of the Administrative Office of the United States Courts, the circuit judicial council, and each district court in the circuit. Specifies that such plan may include: (1) systematic, differential treatment of civil cases that tailors the level of individualized and case specific management to such criteria as case complexity, the amount of time needed to prepare the case for trial, and the judicial and other resources required and available for the preparation and disposition of the case; (2) early and ongoing control of the pretrial process through involvement of a judicial officer in assessing and planning the progress of a case, setting early, firm trial dates, controlling the extent and time for completion of discovery, and setting early deadlines for filing motions and a time framework for their disposition; (3) discovery-case management conferences in complex cases and where appropriate; (4) encouragement of the voluntary exchange of information among litigants and their attorneys; (5) prohibiting the consideration of discovery motions unless accompanied by a certification that the moving party has made a reasonable and good faith effort to reach agreement with opposing counsel; and (6) authorization to refer appropriate cases to alternative dispute resolution programs. Directs each U.S. district court to consider adopting specified requirements, such as a requirement that counsel for each party jointly present a discovery-case management plan for the case at the initial pretrial conference, that each party be represented at pretrial conference by an attorney who has the authority to bind that party regarding all matters previously identified by the court for discussion at the conference and all reasonably related matters, and that a neutral evaluation program for the presentation of the legal and factual basis of a case to a neutral court representative selected by the court at a nonbinding conference be conducted early in the litigation. Provides for review by the Judicial Conference of the United States of plans and reports submitted. Requires: (1) each U.S. district court to annually assess the condition of the court's civil and criminal dockets; and (2) the Director of the Administrative Office to prepare a semiannual report, available to the public, that discloses specified statistics on the motions, bench trials, and cases of each judicial officer. Authorizes the Judicial Conference to develop one or more model civil justice and expense delay reduction plans. Requires the Director of the Administrative Office to transmit to the U.S. district courts and the House and Senate Judiciary Committees copies of any model plan and accompanying report. Sets forth provisions with respect to the composition of, terms of membership in, and designation of a reporter for each advisory group. Requires the Judicial Conference to: (1) prepare a comprehensive report on all plans received within four years and transmit copies to the Judiciary Committees; (2) study ways to improve litigation management and dispute resolution services and make recommendations to the district courts on a continuing basis; and (3) prepare, periodically revise, and transmit to the U.S. district courts a Manual for Litigation Management and Cost and Delay Reduction. Requires: (1) the Directors of the Federal Judicial Center and the Administrative Office to develop and conduct training programs for court personnel in litigation management; and (2) the Director of the Administrative Office to ensure that each U.S. district court has the automated capability to readily retrieve information about the status of each case in such court and to prescribe standards for uniform categorization of judicial actions. Directs the Judicial Conference to conduct specified demonstration programs, study the results, and transmit a report on the results to the Judiciary committees. Authorizes appropriations. | 2025-01-16T12:12:20Z |