This
measure evaluates the frequency with which cases scheduled for trial are
heard when scheduled. Research has shown that a higher proportion of jury
trials that start on the first scheduled trial date is correlated with a
more expeditious pace of litigation.2
Planning/Preparation.
Through interviews with the court manager, gather information on trial
settings in individual cases. The most convenient and accurate source for
collecting data on the number of times specific cases have been set for
trial will vary from court to court (e.g., docket sheets, case summary
screens in automated systems, case control cards, case files).
Jury
trials are of particular interest because they require a greater expenditure
of resources and impose a greater burden on local citizens (jurors) than do
bench trials. Evaluating the degree of jury trial date certainty,
therefore, should be given a somewhat higher priority. Ideally, however, the
court should evaluate trial date certainty for both bench and jury trials.
(Note: A hearing on a motion for summary judgment should not be counted as a
bench trial; nor should a default or show cause hearing be counted as a
bench trial.) A bench trial is defined as a hearing at which the parties
contest the facts in the case and present evidence before a judge in
open court and at which the judge renders a decision that disposes of the
case. (Note: a summary judgment hearing is not a bench trial because
the parties agree on the facts; appropriate application or interpretation of
the law is the only issue at a summary judgment hearing.)
Data
Collection. All
cases disposed during or at the conclusion of a bench or jury trial for each
case category during the previous year should be identified through
automated or manual case records. If automated case records cannot identify
bench or jury trial verdicts, the jury commissioner and courtroom clerks
might retain records that could help identify trial cases. If current
records allow you to identify only cases that started trial or that had a
verdict entered (one or the other), your list will be sufficient for
determining trial date certainty.
Sampling.
Select separate samples of bench and jury trials. For each type of trial, if
there were fewer than 100, obtain data on all trial cases. If the
number of trials substantially exceeds 100, randomly sample at least 100
cases or 25 percent of all trials, whichever number is larger. (See also the
planning/preparation section for Measure 2.1.1,
Time to Disposition, which includes a table for determining sample size.) An
interval sample (e.g., selecting every third case) can also be used. Most
courts, therefore, will have to collect data on 100 or fewer jury trials and
100 or fewer bench trials for civil cases and about the same numbers of
bench and jury trials in criminal cases (or whatever case types you
examine). Page 1 of Form 2.1.4a,
Civil Jury Trial Settings—Data Collection Form, could be used to collect
data on the issue of civil jury or bench trial date certainty. The form can
be modified to collect data on any type of trial for civil or criminal cases
(simply change the title of the form; for criminal cases you will change
item (B) to "Defendant Name"). To simplify data collection,
"Number of Trial Settings" could be added as a data item to the
form.
Data
Analysis and Report Preparation. For
each type of trial, prepare a summary table showing the number of cases with
one trial setting, those with two, and so on, up to the maximum number of
trial settings recorded. Next, calculate the percentage of cases at each
level of trial settings (1, 2, 3, and so on) appearing on the table.
Finally, calculate the median and average number of trial settings. The
closer the average is to one trial setting per case, the better the
court’s performance on this measure. Form
2.1.4.b is a sample worksheet.
