News & Updates

Rebecca Love Kourlis recently joined in a discussion about the proposed federal rule amendments, as published by the Washington Legal Foundation in their “Conversations With . . .” series. The discussion focused on the state of civil litigation in America, the federal discovery reform efforts, the proposed Federal Rule of Civil Procedure changes, and what else is needed to improve the discovery process.

The Iowa Supreme Court has requested comments on proposed amendments to the discovery provisions in the Iowa Rules of Civil Procedure and a proposed new rule allowing for streamlined and expedited civil actions. The proposed amendments and new rule stem from a concern regarding the declining number of civil jury trials in Iowa courts, of which there were only 204 tried to verdict in 2012.

Jurors have a unique perspective on our legal system. Recently, I had the opportunity to speak with someone who served on a jury this fall in California Superior Court. He had some suggestions as to how things could have been handled differently. We at IAALS hope judges and attorneys are listening. These techniques are already in use in many courtrooms across the country—but not all.

We previously shared Judge Paul W. Grimm’s standard Discovery Order, which we recommend to state and federal court judges alike as a model and inspiration to manage the pretrial discovery process. Judge Grimm has made some revisions to his Order, including expanding the definition of proportionality and making reference to the possible use of Technology Assisted Review as a means to keep costs down. Download his new Order here.

Recently, the Civil Rules Advisory Committee held the first of three hearings on the proposed amendments to the Federal Rules of Civil Procedure. In an effort to provide input and offer comments with a fresh perspective, IAALS is hosting A Forum for Understanding and Comment on the Proposed Federal Rules Amendments in Denver, Colorado on December 5-6, 2013 for a small group of stakeholders from around the country.

As the public comment period continues on the proposed amendments to the Federal Rules of Civil Procedure, the Senate Judiciary Committee joined in the discussion this week by holding a hearing on the proposals. The hearing provided another opportunity for comment on the proposed rules and their potential impact. There was a consistent message from the hearing that empirical research plays an important role in our analysis of these issues.

This short update on the Colorado Civil Access Pilot Project evaluation provides information on the specifics and timing of the evaluation that IAALS is conducting in Colorado. We hope this information will provide some reassurance to the Colorado legal community on what to expect in the coming year, while also providing some insight into other evaluation processes that are going on around the country.

Many jurisdictions around the country have implemented alternative processes that are designed to provide litigants with speedy and less expensive access to civil trials. These programs generally involve a simplified pretrial process and a shortened trial on an expedited basis. This new resource offers a summary chart of the various programs nationwide and specific details for each.

IAALS is honored to be featured front and center in the Fall 2013 edition of The Bulletin, a publication of the American College of Trial Lawyers. The article chronicles the six year journey of collaboration, cooperation, and determination undertaken by IAALS and the ACTL to reform our country's ailing civil justice system. The national response to our organizations' joint efforts proves that meaningful change is not only possible, but within reach.

Over the past few years, IAALS has been tracking the Colorado Civil Access Pilot Project, along with numerous other rules projects across the country. These efforts are aimed at providing greater access to civil justice and at better achieving the goals of a just, speedy, and inexpensive civil justice system. This new publication explores various factors for the successful creation and implementation of new rules and processes, laying the groundwork for future developments.

As many have recognized, electronic discovery has arrived in the state courts. While there are abundant resources available on the topic of e-discovery, for many judges the question is, “Where to begin?” To answer that question, IAALS now offers this new toolkit for state court judges, which pulls together some of the best resources available. Whether you are an expert or a novice with e-discovery issues, this collection of resources will be useful in your cases.

Chad C. Schmucker, former state court administrator and circuit judge of Jackson County, Michigan, will become the 8th president of the National Judicial College in 2014. As president, he will work to provide innovative judicial education and improve the competency of judges across the nation. Judge Schmucker’s dedication to case management and court efficiency will certainly be a hallmark of his National Judicial College presidency.

Judge Paul W. Grimm is well known for his contributions in the area of improving the pretrial discovery process, particularly with regard to the discovery of electronically stored information. Judge Grimm’s Discovery Order provides an excellent model for facilitating judicial management, and we recommend it to state and federal court judges alike as a model and inspiration to manage the pretrial discovery process so as to reduce the cost and burden of discovery.

The front lines of electronic discovery are moving beyond the federal courts. In a world where everyone with a smart phone is an ESI custodian, the problems of e-discovery affect all types of litigants in all types of cases. E-discovery has arrived in the state courts, and the problems there are every bit as big, and every bit as complicated, as they are in federal court. On September 19th and 20th, state court judges and e-discovery experts from around the country gathered to discuss the challenges that e-discovery poses for state courts.

Effective July 1, 2013, two current IAALS managers stepped up to lead their respective divisions. Corina Gerety has assumed the role of Director of Research and Brittany Kauffman is now Director of the Rule One Initiative. The IAALS Research Department supports all substantive initiative areas as needed, providing a broad range of research assistance. The Rule One Initiative serves to advance empirically informed models for court processes and procedures that provide greater accessibility, efficiency, and accountability in the civil justice system.

On August 15, 2013, the public comment period opened on the proposed amendments to the Federal Rules of Civil Procedure. This package of amendments represents the culmination of several years of work on the part of the Civil Rules Advisory Committee, with the end goal of streamlining the pre-trial process, and particularly discovery, so as to achieve a “just, speedy, and inexpensive” process. The public comment period will run through February 15, 2014.

The Seventh Circuit Electronic Discovery Pilot Program Committee, which for many years has been at the forefront of efforts to reduce the cost and burden of electronic discovery consistent with the goals of Rule 1, now provides another important resource for practitioners and judges everywhere. The Committee, which is currently engaged in Phase 3 of the Pilot Program, has developed a Model Discovery Plan and Case Management Order (CMO) relating to privileged documents.

Federal judges in the Southern District of New York are currently evaluating a pilot project, known as the SDNY Pilot § 1983 Plan, that defines how cases alleging false arrest, excessive force, or malicious prosecution are handled against the NYPD. While the project was instituted to address concerns regarding the increasing number of § 1983 cases being filed, and the increasing length of time to bring those cases to disposition, the Court’s request for feedback has resulted in a critical response by the plaintiffs’ bar.

The Colorado Civil Access Pilot Project (CAPP) has been extended by one year, now applying to relevant cases filed through December 31, 2014. Chief Justice Bender’s amended Directive states that the project’s extension will provide “more data and a detailed evaluation” and “give the court time to determine whether the rules as piloted achieved the stated goals." IAALS is conducting the CAPP evaluation at the request of the Colorado Supreme Court, and will issue a public report upon its completion.

Unlimited and unmanaged discovery in civil lawsuits can be extremely expensive—and sometimes wholly out of proportion to the needs of the case. In a landmark decision issued this week, the Colorado Supreme Court put the brakes on discovery run amuk and clarified the duty of the trial court judge to manage the discovery in the case—at a minimum by considering the cost-benefit and proportionality factors set forth in C.R.C.P. 26(b)(2)(F).