Civil Procedure Resource Guide

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Caseload Highlights Trial Trends and Implications in the Civil Justice System

Civil Justice Survey of State Courts 2005

Caseload Highlights: Civil Trials on Appeal – Part 1

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Pretrial procedures in civil cases primarily consist of notice, pleadings, discovery/depositions, and pretrial hearings. The Federal Rules of Civil Procedure (FRCP) outlines pretrial rules and procedures in federal civil cases. State civil procedural rules often follow the FRCP, with variations made to accommodate state practices and court structure.

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.

Featured Links

Case Processing Time Standards This database compiles state-by-state information about Case Processing Time Standards (CPTS) including Civil and how states monitor them.

Civil Caseloads Civil section from Examining the Work of State Courts: An Analysis of 2008 State Court Caseloads

Civil Justice Survey Active for the last two decades, the Civil Justice Survey of State Courts comprises multiple iterations to examine and analyze civil litigation across the nation. The series allows for an in-depth look at civil trials over time, permitting researchers and policy makers to analyze trends.

Trends Articles

Articles relating to Civil Procedure published in "Future Trends in State Courts" between 2004 and 2008.

Civil Justice System

Genn, Hazel G. Judging Civil Justice. (2010). Cambridge University Press For the 2008 Hamlyn Lectures, Dame Hazel Genn discusses reforms to civil justice in England and around the world over the last decade in the context of escalating expenditure on criminal justice and vanishing civil trials. (KD7100.G46 2010)

21st Century Civil Justice System: A Roadmap for Reform: Pilot Project Rules . (2009). University of Denver, Institute for the Advancement of the American Legal System This report from the American College of Trial Lawyers (ACTL) and the Institute for the Advancement of the American Legal System (IAALS) urges jurisdictions to use these published Rules as a roadmap for consideration in creating and implementing pilot projects to improve the civil justice system.

Civil Case Reporting. (2009). Research Division, NCSC and Conference of State Court Administrators.

Civil Section from State Court Guide to Statistical Reporting.

Civil Caseloads. (2009). Research Division, Conference of State Court Administrators, Bureau of Justice Statistics, and the NCSC.

Civil section from Examining the Work of State Courts: An Analysis of 2007 State Court Caseloads.

Galanter, Marc and Susan Steingass Civil Justice in Wisconsin: A Fact Book . (2009). The University of Wisconsin Law School This resource discusses civil case filings in Wisconsin, the type of civil case, and how many cases went to trial.

Van Duizend, Richard. Introductory Overview of Massachusetts Single Justice Practice. (July 2007).

This memorandum explains the single justice court in Massachusetts, which is a method used to expedite the disposition of certain interlocutory rulings.

Procedural Fairness in California: Initiatives, Challenges, and Recommendations. (May 2011). Center for Court Innovation.

In 2008, the California Administrative Office of the Court’s Executive Office Programs Division commissioned the Center for Court Innovation to conduct a thorough needs assessment and analysis of best practices in promoting procedural fairness among the state’s civil and traffic cases. This report describes findings from over 20 site visits and nearly 50 stakeholder interviews along with a document and website review.

Gerety, Corina. Surveys of the Colorado Bench and Bar on Colorado's Simplified Pretrial Procedure for Civil Actions.. (2010). Institute for the Advancement of the American Legal System.

In June and July of 2010, IAALS conducted two surveys of Colorado legal professionals to examine Colorado Rule of Civil Procedure 16.1 ("Rule 16.1"). Rule 16.1 sets forth a simplified pre-trial procedure for certain civil actions in Colorado District Court ("District Court"), the state trial court of general jurisdiction governed by the Colorado Rules of Civil Procedure ("CRCP").

Use of Civil Cover Sheets in Other States. (August 2009). Texas Office of Court Administration This report details results received in response to a survey about usage of civil cover sheets among the state courts.

Discovery

Kakalik, James S. Discovery Management: Further Analysis of The Civil Justice Reform Act Evaluation Data. (1998). Santa Monica: RAND

Hildebrant, D. Renee, and Jami Fenner. Discovery of Medical, Mental Health and Substance Abuse Treatment Records (Has HIPPA Really Changed Anything?). (May 2003). Oklahoma Bar Journal 74: 1445

Van Duizand, Richard, Editor. Electronic Discovery: Questions and Answers. (Summer 2004). Civil Action Volume 3, Number 2.

This issue of Civil Action addresses questions such as: " "What Is Electronic Discovery?" and "How Does It Change the Discovery Process for Judges?"

Van Duizend, Richard. Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information. (2006).

This report is intended to help reduce the uncertainty in state court litigation by assisting trial judges in identifying the issues and determining the decision-making factors to be applied.

Nathan, Jody R. Obnoxious Deposition Tactics: A Concise Guide to The Oklahoma Discovery Code. (May 2003). Oklahoma Bar Journal 74: 1455

Mandatory Disclosure

Wilging, Thomas E., John Shapard, Donna Stienstra, and Dean Miletich. Discovery and Disclosure Practice, Problems and Proposals for Change: A Case-Based National Survey of Counsel in Closed Federal Civil Cases. (1997). Washington, DC: Federal Judicial Center

Stienstra, Donna. Implementation of Disclosure in United States District Courts, With Specific Attention to Courts` Responses to Selected Amendments to Federal Rule of Civil Procedure 26. (1998). Washington, DC: Federal Judicial Center