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Elements of Case Management

NCJ Number
135531
Author(s)
W W Schwarzer; A Hirsch
Date Published
1991
Length
35 pages
Annotation
Although the specifics of judicial system case management mean different things to different people, there is general agreement that case management basically refers to the exercise of fairness and common sense by trial judges.
Abstract
Rule 1 of the Federal Rules of Civil Procedure describes the goal of the judicial system: to secure the just, speedy, and inexpensive determination of every action. If judges are to achieve this goal in the face of scarce judicial resources and rising litigation costs, they must manage the litigation process. Although judges operate in an environment largely shaped by local practices and customs, innovation and adaptation to circumstances also contribute to effective case management. The manual describes techniques that judges have found effective in managing their cases at various stages of the litigation process. It begins with a discussion of the Rule 16 conference, sometimes called a preliminary pretrial, scheduling, or status conference. The manual outlines how proper use of this conference enables courts to establish control of cases at the outset and then provides separate discussions of several items on the Rule 16 agenda (settlement, discovery, and motions) that continue to play an important role in case management after the conference. The focus then turns to case management during the final pretrial conference and the trial itself. A discussion of how courts can use their human and material resources and a case management reading list are included.