News & Updates

I recently attended IAALS’ Fourth Civil Justice Reform Summit and served as a faculty member on several panels. It never fails that I come away from these gatherings with more ideas. I began to take notes on this question—what can we do to effect the changes to the Federal Rules of Civil Procedure?

Civil jury trials have been few since the pandemic began. Cases stalled and slowed, phone conferences and Zoom replaced in-person hearings, and deadlines were extended. How did courts handle the tension between civil rules and procedure on the one hand, and the fundamental right to a jury trial on the other? And, what will stick?

IAALS made a clarion call for improvements to our courts some ten years ago, and since then has been instrumental in promoting rules changes, including the amended Federal Rules of Civil Procedure, effective December of last year. Those new rules have set sail with a rousing endorsement from Chief Justice John Roberts who, in his year-end report, described the amendments as “a major stride toward a better federal court system.” He also noted that the new Rules can only achieve the goal of a “just, speedy and inexpensive determination of every action and proceeding” (the promise of Rule 1) if “the entire legal community, including the bench, bar and legal academy, step up to the challenge of making real change.” IAALS continues to pursue that change, promoting the rules through educational programs, pilot projects, and a new culture necessary to make the changes successful.

How do I spend most of my time as a federal court district judge? The best part of my job is presiding at a trial with good trial lawyers. But unfortunately that does not happen as often as I would like both because there has been a decline in trials and, with that, a decline in lawyers who have trial experience.