News & Updates

A pair of Illinois attorneys are offering a unique model for couples looking to end their marriage. Sandra Young and Brian Garvey are pioneering "The Weekend Divorce," which builds on the collaborative law model and offers divorcing couples settlement on all issues over the course of a weekend. This new model comes in the wake of widespread experimentation with out-of-court alternatives for separating and divorcing families.

A one-day divorce program that launched this spring in the Sacramento Superior Court is streamlining the process for self-represented litigants who have filed a dissolution of marriage case before the Court and are ready for a final judgment. According to the court, law students are playing “a vital role” in the success of the program, meeting with litigants and gathering intake data; the program is also benefiting from the assistance of volunteer attorneys who serve as Judges Pro Tem.

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.

In November, the Texas Supreme Court issued long-awaited rules for expedited actions, proposing a mandatory expedited process for cases of $100,000 or less. The Texas Supreme Court has since issued revised final rules, which became effective March 1, 2013. Despite considerable public commentary on the mandatory nature of the rules, the Expedited Actions process under Texas Rule of Civil Procedure 169 remains mandatory for cases of $100,000 or less.

The District of Nevada adopted a Short Trial Program on March 11, 2013. The Short Trial Rules include the express purpose of expediting "civil trials (both bench trials and jury trials) through procedures designed to control the length of the trial, including, without limitation, restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence."

Chief Justice Wallace Jefferson of the Texas Supreme Court issued his State of the Judiciary message on March 6. In his remarks, Chief Justice Jefferson, who is also member of the Quality Judges Initiative O’Connor Advisory Committee, called for greater access to justice for litigants and families across the socioeconomic spectrum and more efficient courts that can process cases in a reasonable amount of time.

The Minnesota Supreme Court has adopted amendments to its Rules of Civil Procedure and General Rules of Practice that are aimed at “facilitating more cost effective and efficient civil case processing.” The amendments, which take effect July 1, 2013, adopt many of the recommendations of the Civil Justice Reform Task Force.

Alabama has passed legislation, SB 47 (Act 2012-492), which requires the Alabama Supreme Court to adopt expedited trial procedures for cases in circuit court where the amount in controversy does not exceed $50,000. In contrast, Louisiana also passed legislation, HCR 81, which requests the Louisiana State Law Institute study jury trial procedures and make recommendations for an expedited or summary jury trial program.

Two recent events have us reflecting on the reasons why it is important to collect and share data. At IAALS, we have concluded our final study of Colorado’s Simplified Procedure (Rule 16.1), which was enacted in 2004. In Texas, the Supreme Court has newly adopted a Rule for Expedited Actions (Rule 169). Both rules intend to provide a shorter, less expensive process for smaller cases. They also have aspects similar to various short, summary, and expedited civil action programs in place around the country.

IAALS has just released a Rule One Initiative research report entitled Measuring Rule 16.1: Colorado’s Simplified Procedure Experiment. In 2004, the Colorado Supreme Court put in place Rule 16.1, a voluntary pretrial process for smaller dollar-volume civil cases, with the hope of providing a more efficient path to resolution. This new reports sets forth the results of an empirical study of Rule 16.1, including its role and impact.

Rebecca Love Kourlis, Executive Director of IAALS, will speak about the organization’s work to improve the use of financial experts in litigation on December 5. She will discuss how civil pretrial processes involving financial experts might be streamlined to increase the experts’ effectiveness and reduce client costs, which is the focus of a recently published report, Another Voice: Financial Experts on Reducing Client Costs in Litigation.

Recognizing that there is widespread concern that the civil justice system is too complex, costs too much, and takes too long, a new report provides recommendations for designing short, summary, and expedited (“SSE”) programs and calls for implementation of such programs on a national scale. The report, A Return to Trials: Implementing Effective Short, Summary, and Expedited Civil Action Programs, is co-authored by IAALS, ABOTA, and the NCSC.

On August 30th, the U.S. District Court for the Western District of Pennsylvania introduced a new Pilot Program designed to expedite civil cases filed in that district. Modeled loosely on the Northern District of California's program, the Pennsylvania District's Pilot Program is aimed at relatively simple civil cases, which do not require lengthy and expensive pretrial and trial proceedings.

The Institute for the Advancement of the American Legal System (IAALS) at the University of Denver today applauds the Colorado Supreme Court for approving the Colorado Civil Access Pilot Project. This visionary step forward joins a national trend among states committed to improving the delivery of court services and giving plaintiffs and defendants access to a just, speedy and inexpensive court system.