Download or read book Civil Case Management in the Twenty First Century Court Structures Still Matter written by Peter C.H. Chan and published by Springer Nature. This book was released on 2021-02-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
Download or read book Judicial Case Management and Efficiency in Civil Litigation written by C. H. van Rhee and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses judicial case management and issues of efficiency in civil litigation. Apart from France, the focus is on the issues in three comparatively small jurisdictions which are often ignored in the international legal debate - Scotland, Belgium, and the Netherlands. In addition, the ALI /Unidroit Principles of Transnational Civil Procedure and the Storme Report are considered. The volume also contains a contribution on the history of case management in Europe from the end of the 19th century. The book shows that effective judicial case management is likely to flourish in an environment where: (1) the rules of civil procedure do not prescribe a uniform procedural framework for each and every case, but differentiate between different types of cases; (2) these rules leave the judge with the necessary discretion to manage individual cases - preferably in close co-operation with the parties - and the caseload as a whole; (3) this discretion is only exercised to promote certain well-defined goals - in particular, efficiency, appropriate speed, and moderate cost; (4) the parties and their lawyers have a duty and the necessary incentives to cooperate; (5) there are adequate sanctions in respect of parties and lawyers who refuse to cooperate; and (6) courts are provided with adequate resources in order to create an environment where judges and highly qualified court staff can manage cases within a organizational framework that meets contemporary needs and standards.
Download or read book Civil Litigation Management Manual written by and published by . This book was released on 2001 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Litigation Management Manual Second Edition written by The Jud Conference of the United States and published by Lulu.com. This book was released on 2020-03-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the passage of the Civil Justice Reform Act of 1990 (CJRA), and the judiciaryÕs implementation of the requirements of that Act, the Judicial Conference stated that Ò[t]he federal judiciary is committed to, and believes in, sound case management to reduce unnecessary cost and delay in civil litigation, and thus ensure the Ôjust, speedy, and inexpensiveÕ determination of civil actions called for in the Federal Rules of Civil Procedure.Ó It has been shown that managed cases will settle earlier and more efficiently, and will provide a greater sense of justice to all participants. Even in the absence of settlement, the result will be a more focused trial, increased jury comprehension, and a more efficient and efficacious use of our scarcest institutional resource, judge time.
Download or read book Civil Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Download or read book Reform of Civil Procedure written by A. A. S. Zuckerman and published by . This book was released on 1995 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Making Tracks: Nick Armstrong
Download or read book Civil Procedure written by Allan Ides and published by Aspen Publishing. This book was released on 2022-11-08 with total page 1407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. This casebook covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). It is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students’ understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials. New to the 6th Edition: The 6th edition has been streamlined—about 13% shorter It includes: An introductory overview of the litigation process Relevant Supreme Court decisions up through the close of the October 2021 Term Updated lower court opinions New and revised Problems Benefits for instructors and students: The inclusion of over 200 problems, including detailed review problems at the end of each chapter Progressive coverage of doctrine that takes the students from the basics to a more sophisticated appreciation of the principles and the theories An organization that is designed to promote learning and a full appreciation of the law of procedure Annual statutory and case supplement A demanding and analytical approach to the first-year procedure canon
Download or read book Justice and Efficiency in Mega Litigation written by Anna Olijnyk and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Download or read book The Elements of Case Management written by William W. Schwarzer and published by . This book was released on 1991 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Management of Civil Cases written by John Peysner and published by . This book was released on 2005 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The civil justice reforms, introduced in 1999, aimed to improve access to justice by reducing the inequalities, cost, delay and complexity of civil litigation, and to introduce greater certainty for timescales and costs. This was to be achieved by shifting the responsibility for the mangement of civil litigation in England and Wales from litigants and their legal advisers to the courts. This "case management" was to be achieved by means of pre-action protocols; control of simpler and lower value cases by a prescribed set of rules in the Fast Track; and control of higher value and/or more complex cases in the Multi-Track. This research project is focused on case managment in the Fast and Multi Tracks. It is a qualitative investigation, consisting of a series of interviews and focus groups in 2003 and 2004 with a wide range of judges, court officials and practitioners. It focussed on eight county courts, which offered a varied diet of town and country and different levels of litigation activity. One of the most striking aspects of activity within the litigation system is the enormous drop in cases litigated since the introduction of the Civil Procedure Rules." -- from the Executive Summary, p. i.
Download or read book Judicial Case Management Practices Vary Throughout the State Better Case Data Needed written by Florida. Office of Program Policy Analysis and Government Accountability and published by . This book was released on 2009 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Elements of Case Managment written by Federal Judicial Center and published by Government Printing Office. This book was released on 2017-06-30 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elements of Case Management is primarily for the use of federal trial judges, legal teams, and American citizens. It provides insights in how a federal trial judge handles his or her cases. Each federal judge must abide by Rule 1 of the Federal Rules of the Civil Procedure that is "to secure the just, speedy, and inexpensive determination of every action." This manual briefly 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, outlining how proper use of this conference enables judges to establish control of cases at the outset. It then provides separate discussions of several items on the Rule 16 agenda covering settlement, discovery, and motions--that continue to play an important role in case management and decision-making. As part of case management, the manual also touches on the pretrial conference, and then the trial itself to propose a foundation for thinking about techniques and methods that will best suit the individual judge. Related products: Federal Rules of Civil Procedure, December 1, 2016 can be found here: https://bookstore.gpo.gov/products/federal-rules-civil-procedure-2016 Federal Rules of Criminal Procedure, December 1, 2016 is available here: https://bookstore.gpo.gov/products/federal-rules-criminal-procedure-2016 Federal Rules of Appellate Court Procedure, December 1, 2016 is available here: https://bookstore.gpo.gov/products/federal-rules-appellate-procedure-2016 Federal Rules of Evidence, December 1, 2016 can be found here: https://bookstore.gpo.gov/products/federal-rules-evidence-2016
Download or read book The August 1983 Amendments to the Federal Rules of Civil Procedure written by Arthur Raphael Miller and published by . This book was released on 1984 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Judicial Management from Comparative Perspective written by Loic Cadiet and published by Springer Nature. This book was released on 2023-10-16 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.
Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.
