Case Management

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.

At IAALS’ Fourth Civil Justice Reform Summit, we brought together stakeholders to brainstorm a vision for the courts of tomorrow and steps to get there. Today we release the report from that summit, Creating the Just, Speedy, and Inexpensive Courts of Tomorrow: Ideas for Impact from IAALS’ Fourth Civil Justice Reform Summit.

A just-released report recommending concrete improvements in the American civil justice system has been endorsed by the Conference of Chief Justices (CCJ), the country’s association of top state judicial leaders. The report—released last week at CCJ’s annual conference in Jackson, Wyoming—calls on state judicial leaders to implement 13 recommendations.

IAALS has been instrumental in changing the landscape of Colorado’s civil pre-trial practice. It all began with Becky Kourlis’ provocative and influential speech at the American College of Trial Lawyers annual meeting in March 2007, where she outlined the disturbing trends and challenges facing our justice system. Becky’s talk was the seed that grew into the ACTL Task Force on Discovery and Civil Justice, which was tasked with taking a hard look at these problem areas and recommending improvements. IAALS provided a wealth of information, experience, necessary guidance, and high credibility to the Task Force.

Back in 2011, Utah implemented significant statewide changes to its rules of civil procedure governing disclosure and discovery, incorporating proportionality and presumptive discovery limits based on tiers. Once again Utah is on the leading edge, implementing a Civil Case Management Pilot Program that promotes increased judicial case management oversight.

Back in 2011, Utah implemented significant statewide changes to its rules of civil procedure governing disclosure and discovery, incorporating proportionality and presumptive discovery limits based on tiers. Once again Utah is on the leading edge, implementing a Civil Case Management Pilot Program that promotes increased judicial case management oversight.

Ten years ago, few would have predicted that IAALS would have such an impact on the legal system. The world wasn’t exactly clamoring for another legal think tank, and aside from a few visionaries in Denver, no one foresaw the need for an organization dedicated to the improvement of the legal system rather than partisan advocacy. Yet ten years later, IAALS has succeeded not only in prompting a conversation about how cases get litigated but in touching off a broader reexamination of a number of assumptions about attorney control over litigation, discovery, and the relationship of the legal system to the people it serves.

In February, IAALS Executive Director Rebecca Love Kourlis gave the keynote address for the Denton Darrington Annual Lecture on Law and Government in Boise. Speaking on “Building the Just, Speedy, and Inexpensive Civil Courts of Tomorrow: Why We Cannot Afford to Fail,” Kourlis emphasized the importance of a robust and responsive civil justice system, and the need for reform.

Toward the end of last year when I first read IAALS’ report, Change the Culture, Change the System: Top 10 Cultural Shifts Needed to Create the Courts of Tomorrow, I had feelings of both trepidation and hope. It said a lot of things I have often thought about, but have not always spoken up about.

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?