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28 U.S.C. § 472Development and implementation of a civil justice expense and delay reduction plan

submitted 36 years ago by Pub. L. 101-650 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 406 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each federal district court must create a plan to cut the cost and delay of civil lawsuits. An advisory group studies the court's caseload first and recommends what the plan should do. The court then sends its plan and the group's report to top judicial officials.

(a) A district court's civil justice expense and delay reduction plan must be created or chosen only after the court considers recommendations from an advisory group. Section 478 of this title explains how that advisory group is appointed. (b) The advisory group must give the court a report. The court must make this report public. The report must include: (1) an assessment of the matters listed in subsection (c)(1); (2) the reasons the group recommends the court write its own plan or pick a model plan instead; (3) suggested measures, rules, and programs; and (4) an explanation of how the recommended plan follows the rules in section 473 of this title. (c) (1) Before making its recommendations, the advisory group must quickly and thoroughly study the court's civil and criminal caseload. The group must: (A) determine the state of the civil and criminal dockets; (B) spot trends in how many cases are being filed and how much they demand of the court; (C) find the main causes of cost and delay in civil cases, including court procedures and how lawyers and their clients handle litigation; and (D) look at whether new legislation's effect on the courts could be better predicted to cut cost and delay. (2) The group must also account for the specific needs of the district court, the people suing or being sued there, and their lawyers. (3) The group must make sure its recommendations include real contributions from the court, the parties, and their lawyers toward cutting cost and delay and making the courts easier to access. (d) The district court's chief judge must send a copy of the finished plan and the group's report to: (1) the Director of the Administrative Office of the United States Courts; (2) the judicial council for the court's circuit; and (3) the chief judge of every other district court in that circuit.
the actual law source: uscode.house.gov ↗public domain
(a)

The civil justice expense and delay reduction plan implemented by a district court shall be developed or selected, as the case may be, after consideration of the recommendations of an advisory group appointed in accordance with section 478 of this title.

(b)

The advisory group of a United States district court shall submit to the court a report, which shall be made available to the public and which shall include—

(1)

an assessment of the matters referred to in subsection (c)(1);

(2)

the basis for its recommendation that the district court develop a plan or select a model plan;

(3)

recommended measures, rules and programs; and

(4)

an explanation of the manner in which the recommended plan complies with section 473 of this title.

(c)
(1)

In developing its recommendations, the advisory group of a district court shall promptly complete a thorough assessment of the state of the court’s civil and criminal dockets. In performing the assessment for a district court, the advisory group shall—

(A)

determine the condition of the civil and criminal dockets;

(B)

identify trends in case filings and in the demands being placed on the court’s resources;

(C)

identify the principal causes of cost and delay in civil litigation, giving consideration to such potential causes as court procedures and the ways in which litigants and their attorneys approach and conduct litigation; and

(D)

examine the extent to which costs and delays could be reduced by a better assessment of the impact of new legislation on the courts.

(2)

In developing its recommendations, the advisory group of a district court shall take into account the particular needs and circumstances of the district court, litigants in such court, and the litigants’ attorneys.

(3)

The advisory group of a district court shall ensure that its recommended actions include significant contributions to be made by the court, the litigants, and the litigants’ attorneys toward reducing cost and delay and thereby facilitating access to the courts.

(d)

The chief judge of the district court shall transmit a copy of the plan implemented in accordance with subsection (a) and the report prepared in accordance with subsection (b) of this section to—

(1)

the Director of the Administrative Office of the United States Courts;

(2)

the judicial council of the circuit in which the district court is located; and

(3)

the chief judge of each of the other United States district courts located in such circuit.

Source credit: (Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5090.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-650 · 104 Stat. 5090

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-650 on 1990-12-01.

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