News & Updates

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).

The Judicial Conference Standing Committee on Rules of Practice and Procedure this week approved a package of amendments to the Federal Rules of Civil Procedure for publication and public comment. The proposed amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37 form a “package” of proposed rule changes that represent the culmination of several years of work on the part of the Civil Rules Advisory Committee.

In our recent publication in the Kansas Law Review, “The American Civil Justice System: From Recommendations to Reform in the 21st Century,” we explore the national momentum that has arisen around reducing the costs and delays associated with civil litigation. In this article we explore the history of recent efforts, and we note the important empirical research over the last five years that has laid the groundwork for understanding what is working, and what is not, in the civil justice system.

In a recent article by Judge Kevin Burke, a member of the IAALS Board of Advisors, and Babak Armajani, they discuss several key areas in which courts are failing to meet the needs of the public, and a few states that are taking steps in the right direction. In states where careful consideration of problems and measurement of remedies is taking place, positive and dramatic changes can begin to take hold in the culture and operations of our courts.

This September, IAALS and the National Judicial College will host an educational summit exclusively tailored for state court judges on all facets of the discovery of electronically stored information (ESI)—from preservation to production to eventual use at trial. The Summit will feature nationally renowned speakers and will provide both a core of basic training for judges on e-discovery and in-depth and interactive discussions on the more complex issues facing judges in state courts across the nation.

The Minnesota Supreme Court continues to implement rule changes stemming from the recommendations of its Civil Justice Reform Task Force. On May 7, 2013, the Court adopted an Order authorizing the creation of a Pilot Expedited Civil Litigation Track "to promote efficiency in the processing of certain civil cases," reduce costs, and provide a quick and reduced-cost process for obtaining a jury trial when civil actions cannot be resolved by judicial decision or by settlement.

On March 7, 2013, Chief Justice Jean Hoefer Toal entered an Administrative Order recognizing the successful ad hoc use of a Fast Track jury trial process in South Carolina and implementing the voluntary process statewide. The Court also adopted Rules and Procedures for the Fast Track jury trial process, which apply in the absence of agreement of counsel otherwise.