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The Alabama Appellate Mediation Program began in 2003, when rules promulgating the program and procedure were adopted.
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Alaska R. Civ. Proc. R. 16. Pretrial Conferences; Scheduling; Management. Mandatory scheduling conference for most case types. Rule provides subjects for consideration during conference (c); timing for final conference (d); pretrial orders (e); sanctions (f). The Alaska Appellate Courts Case Management System is an online resource that allows users to look up information about appellate cases by appellate case number, party name, trial court number, or list of appellate cases. Users may also download forms, view appellate opinions and rules, and view supreme court and appeals oral argument schedules. The project was funded by a grant from the State Justice Institute to demonstrate how state court appellate case information can be made available to attorneys and the public over the Internet.
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The Integrated Court Information System (ICIS) tracks all civil cases. Arizona Court of Appeals, Division Two, began an appellate settlement program in 1998. Rule 30 of the Arizona Rules of Civil Appellate Procedure governs the program. The site includes contact information and downloadable Confidential Settlement Statement. Pima County Superior Court operates a settlement conference program. Every judge on the civil bench has settlement conference duties, and approximately 70 pro tem judges also conduct settlement conferences. R.C.P. 16.1 provides for the mandatory settlement conferences. (Cases subject to compulsory arbitration are exempt.) Settlement conferences are also mandatory for medical malpractice cases. Sanctions are provided for by R.C.P. 16(f). Pursuant to R.C.P. Rule 16 and Maricopa County Local Rule 3.11, the Maricopa Superior Court may direct parties in any civil case to a settlement conference. By stipulation, parties in Maricopa Superior Court civil cases may agree to a binding one-day jury trial called the Civil Court Shortrial. Three of four jurors must agree to the verdict. Shortrial is an option for parties who opt out of mandatory arbitration. Because arbitration is compulsory only for cases under a certain dollar amount, it is unlikely that mass actions would be subject to either Shortrial or arbitration.
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See technology.
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Upon filing the complaint, a plaintiff may designate a case to be complex by checking a box on the mandatory civil case cover sheet (Form CM-010). A defendant may counter-designate a case complex or non-complex. R. 1811(a)(b). Under rules of court, a judge must make a determination of complexity. R. 1812.
The case management statement helps the court identify the estimated length of time, whether the trial will be jury or non-jury, trial date, whether parties would be willing to participate in ADR and/or settlement conferences, related cases (including consolidation and coordination), jurisdiction (bankruptcy or other), whether any case management orders are in existence, etc.
Approximately half of California superior courts track and report the number of complex cases. However, because there only is a single case labeled “complex litigation,” which includes mass torts, the number of mass tort cases is not tracked separately on statewide basis. Some individual courts track sub-types within the “complex litigation” case type.
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C.R.C.P. Rule 16. Case management and trial management. Governs management of civil cases in the district court. Provides for presumptive, modified, and stipulated case management orders; meet and confer; disclosures; settlement discussions; pretrial motions; etc.
C.R.C.P. Rule 16.1. Simplified procedure. Simplified procedure cannot apply to class actions.
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Complex litigation docket for civil cases with multiple litigants and/or legally challenging issues or multi-million dollar claims for damages. Docket available in Middletown (Middlesex JD), Waterbury, New Britain, Stamford, and Rockville (Tolland JD). Cases are assigned to an individual judge, who presides over all aspects of the case. Parties may file an Application for Case Referral--Complex Litigation Docket (JD-CV 39) to request designation as complex and assignment to the docket. Final approval is authorized by the chief court administrator based on a recommendation from the chief administrative judge or such judge's designee. See also Notice to Attorneys re: Complex Litigation Docket (eff. June 3, 2002).
Lead paint litigation, Hon. Linda K. Lager: Site includes case management orders; interrogatories; and requests for production.
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Complex litigation docket for civil cases with multiple litigants and/or legally challenging issues or multi-million dollar claims for damages. Docket available in Middletown (Middlesex JD), Waterbury, New Britain, Stamford, and Rockville (Tolland JD). Cases are assigned to an individual judge, who presides over all aspects of the case. Parties may file an Application for Case Referral--Complex Litigation Docket (JD-CV 39) to request designation as complex and assignment to the docket. Final approval is authorized by the chief court administrator based on a recommendation from the chief administrative judge or such judge's designee. See also Notice to Attorneys re: Complex Litigation Docket (eff. June 3, 2002).
Lead paint litigation, Hon. Linda K. Lager: Site includes case management orders; interrogatories; and requests for production.
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Summary proceedings for commercial disputes are available. In superior court, certain rules for major commercial cases have been adopted. Under the summary proceedings rules parties agree to limit discovery, waive the right to jury trial, and waive punitive damages. The proceedings are assigned by the President Judge among a panel of judges with experience hearing such cases. Eligible cases must have the amount in controversy be at least $100,000 as to one party; one party must be a citizen, corporation, or other business entity of Delaware; all parties must agree as to the matter being tried; the claim at issue must be contractual or commercial in nature. Discovery is limited to ten interrogatories and requests for admission; depositions are limited only to the opposing party's witness and affiants, plus an additional four persons. Parties must, early on, identify the documents on which they intend to rely. Depositions must be completed within 120 days from service of the last answer and all discovery must be completed within 180 days of service of the last answer. No motions for summary judgment are permitted. Trial occurs within 30-60 days of the close of discovery and lasts no longer than five days. See administrative orders.
Electronic case filing started in 1991, when Superior Court in Wilmington used the system to track of asbestos-related case documents.
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On May 23, 2005, the Civil Division of the D.C. Superior court completed implementation of their portion of an enterprise-wide justice information system. Implementation in the Family Court took place more than a year ago; Criminal Division will be online by October 2005.
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Pretrial case management conferences have been used successfully for several years. R. 1.200 is substantially the same as former R. 1.16 and FRCP 16. Either party may move for the procedure.
There are ten circuit civil mediation programs; an appellate mediation program; and three non-binding arbitration programs. Judges may assign non-binding arbitration cases to a single arbitrator or panel of three.
Parties may also elect to have their case heard by a member of the state bar for voluntary trial resolution. The trial resolution judge's award is appealable directly to the appellate court.
See Florida Dispute Resolution Center. Florida Mediation & Arbitration Programs: A Compendium. Tallahassee: Florida Dispute Resolution Center, 2005.
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Any contested civil case may be referred to mediation, non-binding arbitration, case evaluation, early neutral evaluation, or the multi-door program by the judge to whom the case is assigned. Any party may petition the court to have the case removed from an ADR process to which it has been referred, or to have the court refer the case to an ADR process other than the one to which it has been referred.
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All cases filed in the district court are classified as civil, small claims, special proceedings, criminal, or traffic. Hawaii Rules of the Circuit Courts, R. 1. Classification of proceedings.
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Statewide case management and tracking system.
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Arbitration: Cases may be assigned to court-annexed mandatory arbitration by filing the case as an arbitration case (designated "AR"), or by transfer through the court. If transferred by the court, a case may be transferred to the arbitration calendar from another calendar if it appears to the court that no claim in the action has a value in excess of the particular arbitration program's jurisdictional amount. Note that in Cook County the AR process and designation is not used. Rather, all civil cases in which damages sought are between $5,000 and $50,000 are filed in the Municipal Department and designated as "M."
Mediation: Cook County has a Major Case Court-Annexed Civil Mediation program.
Calendars: Cases on the jury and non-jury trial assignment calls are governed by the Black Line Trial Call. Refer to the Black Line flow chart. Cases are categorized (cases in which discovery can be completed within 18 months of filing, and those in which discovery can be completed within 28 months of filing). This is the master calendar.
Commercial calendars hear cases involving a commercial relationship between parties.
Pre-hearing conference in appellate court: In an appeal pending in the appellate court, the court or a judge thereof, sua sponte, or on request of a party, may order a pre-hearing conference to consider the simplification of issues and other matters that may speed disposition. Unless otherwise agree by parties, a judge who will not participate in the decision of the case presides at the conference. The judge may enter an order that controls the subsequent course of the proceeding. See Civil Appeals Rule 310. Prehearing conference in the appellate court.
Settlement: Appellate court settlement program approved in 2004. Parties are given an opportunity to discuss the case, simplify issues, limit issues, negotiate settlement, and consider any matters that may aid in disposition of the appeal. The program is funded by appellate court filing and appearance fees, plus the Reviewing Court Alternative Dispute Resolution Fund.
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None; the state is currently in the process of developing a statewide case management system.
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The case processing system used in Iowa is composed of several major subsystems, including consolidated case processing; appellate case processing; appellate records management; case financial management; scheduling; notice generation; jury management; tickler; and system administration.
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Civil cases are subject to a case management system in the 18th Judicial District Court, which serves Wichita and Sedgwick County.
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Jefferson Circuit Court, Thirtieth Judicial Circuit, has civil differential case management. See local rule 7.
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According to the state’s CMIS (Case Management Information Systems) department, the district courts' systems are really just docketing systems with no real case management abilities to classify cases by type. Louisiana does not have a unified court system, and thus the Judicial Administrator’s Office is not aware to what extent lower courts track & manage cases.
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The Business and Consumer Court relies on individualized case management by a single judge. The court also "strongly endorses ADR" as a means to resolve issues. ADR includes mediation, arbitration, and judicially assisted settlement conferences. See the Business and Consumer Court FAQ.
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At individual court case management systems, but not at statewide level. As part of a delay reduction and caseflow management program, for example, the Wayne County Circuit Court implemented a differentiated case management system, with tracks featuring different discovery and trial timetables for cases according to their complexity.
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The Second Judicial District Court serves Ramsey County; its differentiated case management system places cases with lengthy discovery requirements, complex claims or defenses, or a large number of parties onto a complex track. Assignment to this track offers those cases the attention of an individual judge.
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Nothing statewide for mass torts or class actions, but possibly in use at individual county courts.
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The Rules of Civil Procedure allow the court discretion to direct attorneys to appear for a pretrial conference for such purposes as expediting disposition, establishing early and continuous control and management of the case, discouraging wasteful pretrial activities, increasing participation, and facilitating settlement. R. 16.
According to the Rules of Appellate Procedure, the court may direct attorneys to appear for a pre-hearing conference to consider simplification of issues, etc. The court or judge shall make an order reciting the action taken at the conference and agreements made by parties. The order, when entered, controls the subsequent course of proceedings. Rule 28.
Appeals in actions seeking monetary damages or recovery are subject to mandatory mediation. R.A.P. Rule 54.
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Construction defect cases are identified and assigned by the CMS specifically to judges assigned to hear these cases. Cases are manually tracked to disposition.
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Superior Court Rule 62 provides for pre-trial procedures and settlement conferences. Unless otherwise ordered by the court, the clerk "shall schedule a Structuring Conference for each case entered on the civil and equity dockets." Such conference must occur between 60-120 days after the return. Counsel must be prepared and authorized to discuss issues, set schedules for discovery and other case preparation, including additional conferences, ADR, summary jury trial, settlement, or trial. Superior Court Administrative Order No. 24 allows such conferences to be conducted via telephone in Grafton County. Administrative Order No. 32 expands the order to include all counties. Even those cases exempted from the Rule 62 conference (see Administrative Order No. 31) must schedule early status conferences for certain petitions, "inasmuch as these classes of cases may involve unusual issues or require some level of management by the court."
Superior Court Rule 170 requires parties in a civil case to select one of the following forms of ADR: neutral evaluation, mediation, arbitration, or binding arbitration. Election of the appropriate process and date of such process is made at the case structuring conference.
Supreme Court Rule 12-B requires a scheduling order, pre-hearing evaluation conference, declination of acceptance order, or order of summary disposition. Judicial referee panels may also be used, pursuant to Supreme Court Rule 12-C.
The New Hampshire Supreme Court Committee on Justice System Needs and Priorities recommends several case management innovations in its final report: A Vision of Justice: The Future of the New Hampshire Courts. Manchester, NH: Committee, 1994.
See also technology.
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Detailed case management manuals for asbestos and non-asbestos mass torts appear on the New Jersey Mass Tort Info Center.
For each of the eleven types of mass torts, the Mass Tort Information Center contains the following: forms; case list; case management orders; case management recommendations; counsel lists; department staff; events calendar; judges assigned; other orders and decisions; and the special master/mediator.
The Case Management Manual for Asbestos Cases, approved by the New Jersey Judicial Council in January 2006, was developed to "provide procedural and operational guidance to New Jersey Judges, Judiciary staff and the bar in the management and handling of asbestos cases," although it "does not establish itself as case management policy." Topics covered include multiple defendants; discovery; experts; bankruptcy; special masters; and judicial management of asbestos cases.
A similar manual for non-asbestos cases was published in 2005.
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The court of appeals refers most cases not decided on its summary calendar to its mandatory appeals mediation program.
The Twelfth Judicial District uses differentiated case management (DCM) to expedite the flow of civil cases.
The Third Judicial District uses settlement facilitators. See the settlement conference information sheet, and the facilitator's outcome report.
Scheduling order may be called for by the court in any action pursuant to Rule 1-016. Sanctions may be imposed for failure to obey a scheduling or pretrial order, if no appearance is made on behalf of a party at a scheduling or pretrial conference, or failure to participate in good faith. R.Civ. P. Dist. Ct. 1-016(F).
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All courts handling mass torts utilize automated case management systems. Depending on the county where the matter is handled, DCM may be applicable. Not all counties utilize DCM.
The asbestos docket in the Seventh Judicial District in Monroe County uses the Trial Ready Calendar.
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Cases are tracked and monitored by the State Court Administrator. DCM system is proposed but is not yet a reality.
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Mass Tort cases, along with all other civil actions, are included in the Court’s civil case management information processing system. All civil actions, including mass torts, are subject to DCM techniques, including an event-driven system. Mass Tort cases are generally governed by standing case management orders, which are entered by the court after consultation with the Bar.
Discovery Court operates pursuant to the Alternative Motion Procedures set forth in Philadelphia Rule of Civil Procedure *208.3. Discovery motions are scheduled for a particular day and time and are heard before a specific judge. Contested motions may be heard in open court or in a more informal setting. Attorneys need not personally appear where discovery motions are uncontested or can be resolved by agreement. Note that Discovery Court procedures are not used for mass torts, but may be used in class actions.
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Some circuits have implemented differential case management. Nature of action have recently been implemented to track the various civil actions filed in the state. for instance, the number of actions filed involving pharmaceuticals may be tracked, although not specific types of medication.
ADR: Parties may agree to arbitration of their appeal before a panel consisting of three retired justices, retired judges, active or retired attorneys, or a combination thereof. Appellate Court Rules, R. 223. Civil cases in certain counties (Florence, Henry, Lexington, Richland, Greensville, and Anderson) are subject to mandatory ADR. See Arbitration/Mediation Rules.
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Civil Automated Case Management System is in development.
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Mediation in civil cases pursuant to Rule 31.
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There will be. Pursuant to SB 15, each MDL pretrial court must make a report to the governor and others concerning (1) the number of MDL cases on its docket; and (2) other information on the MDL cases.
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Under civil/torts; no special tracking.
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Standard case management system.
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In Fairfax Circuit Court, a differentiated case management (DCM) system has been established. A judge sets cases on a DCM track at a status conference held 100 days after the case is filed. One track is for simple cases, and the other is for complex cases.
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Not statewide. At times, individual courts have pre-assigned complicated civil cases (as described above), but not aware of any that have focused on mass tort cases.
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See special dockets.
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