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NCJRS Abstract

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NCJ Number: 93007 Find in a Library
Title: Colorado's Answer to the Local Rules Program
Journal: University of Michigan Journal of Law Reform  Volume:16  Issue:3  Dated:(Spring 1983)  Pages:493-516
Author(s): W H Erickson
Date Published: 1983
Page Count: 24
Format: Article
Language: English
Country: United States of America
Annotation: The discussion examines the checkered history of local rules in State and Federal courts, exploring the development of rulemaking power, the abuses that result from a nonuniform procedural system, and the ways in which the local rules problem can be controlled. It also presents the model adopted by Colorado to ease the burden of local rules on the practicing bar.
Abstract: The original intent of Rule 83 of the Federal Rules of Civil Procedure (1983), which authorized Federal courts to promulgate local rules. Since then, the rapid proliferation of local rules has created problems in cost, delay, and injustice. Reform of local rules is required to remedy these problems while preserving flexibility and diversity. Colorado's 1982 plan to revise its local rules incorporates most of the best features of the proposals by Judge Jack B. Weinstein and administrator Steven Flanders. The plan adheres to the principle of prepromulgation publication of rules, bar imput, and uniformity. Matters of truly local concern have been left to the lcoal courts to handle. Colorado's 'practice standards' approach supplements the procedural and informational goals of the proposals: local rules are collected centrally as part of the rules of civil procedures. The plan would benefit from certain further modifictions. Local rules would be brought into conformance with the statewide practice standards. In addition, annual reviews at the state bar convention a comprehensive review by the local rules committee after the standards have been in effect for 2 years should be scheduled. One hundred and twenty-four references are supplied.
Index Term(s): Court procedures; Court reform; Court rules; Federal courts; State courts
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