Case Management

 In an article for The Atlantic, Deborah Copaken gives us an unvarnished account of what it is like to go through the divorce process without a lawyer and exposes the difficulties faced by many litigants who choose to represent themselves in divorce court. 

Done right, summary judgment expedites the just resolution of a case—that’s the whole reason we have Rule 56. Our challenge as judges and lawyers is to make dispositive motion practice advance that purpose. While lawyers have traditionally filed such motions if, when, and as often as they pleased, this is a recipe for excess or—worse—abuse. Dispositive motions work best when they are part of a plan for moving the case toward resolution.

Laura Storovich, a participant in our Colorado design sprint, shares her experience going through divorce as a self-represented litigant and her thoughts on our design sprint process.

Judges and attorneys from across the country point to dispositive motions as a critical area for reform. Today, IAALS announces the release of a new report, Efficiency in Motion: Recommendations for Improving Dispositive Motions Practice in State and Federal Courts, calling for a new paradigm for motion practice in the United States. The report is the culmination of nearly three years of research, surveys, and expert input into the opportunities for improvement and innovation.

Courts are—to a great extent—in the business of customer service. A new IAALS report, Eighteen Ways Courts Should Use Technology to Better Serve Their Customers, provides a path forward to help courts use existing technologies to improve the user experience, particularly for those people who choose to represent themselves.

A first of its kind study, this landscape report brings together national data from family cases that confirms what we have long known at IAALS: family courts must do more to focus on problem solving rather than rely on the traditional structure framed around an adversarial approach.

The road to recovery is arduous for disaster victims. For the increasing numbers of those victims who end up in court in an effort to recover damages, the process can be protracted and complex. Courts are quickly overwhelmed by the volume and complexity of the cases and these challenges quickly frustrate victims already struggling to rebuild. But even with a documented upswing in both the number and severity of natural disasters, it doesn’t have to be this way.

IAALS’ recent publication, Redefining Case Management, provides an updated set of civil case management guidelines. Notably, the discussion surrounding strong case management by the court is not focused on the overall pace of litigation; the goals are “fair, efficient, and accountable” case management, not just faster litigation.

IAALS’ recent publication, Redefining Case Management, provides an updated set of civil case management guidelines. Notably, the discussion surrounding strong case management by the court is not focused on the overall pace of litigation; the goals are “fair, efficient, and accountable” case management, not just faster litigation.

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.