NCSC > Civil  > Civil Procedure  > Resource Guide
Share

Civil Procedure

Resource Guide

NCSC Contact

Jarret Hann

Our experts recommend

Caseload Highlights: Civil Trials on Appeal – Part 1

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 2

21st Century Civil Justice System: Measuring innovation

Short Summary and Expedited The Evolution of Civil Jury Trials

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

Paula Hannaford-Agor and Nicole Waters. Estimating the Cost of Civil Litigation. (2013). National Center for State Courts. The Civil Litigation Cost Model (CLCM) is one component of a larger NCSC civil justice initiative. The primary component of the initiative is a series of evaluations of civil justice reforms enacted to reduce delay and expense, and to increase access to justice in civil litigation.
Durkin et al. Another Voice: Reducing Client Costs in Civil Litigation. (2012). American Institute of Certified Public Accountants, Institute for the Advancement of the American Legal System.
Lawler, Caridad & Milner Pennsylvania Proclaims eDiscovery Independence from Federal Model. (2012). www.jdsupra.com.

State Supreme Court adopts new eDiscovery rules similar to federal rules, but specifically rejects federal jurisprudence.
Gerety and Cornett Rule 16.1: Colorado's Simplified Civil Procedure Experiment. (2012). Institute for Advancement of the American Legal System. The idea behind Colorado Rule of Civil Procedure 16.1 (“Rule 16.1”) was to provide a simpler process for relatively small cases, with more extensive disclosures and essentially no discovery followed by a more expedited trial. It is an optional procedure, with a corresponding cap on recovery. As interest in streamlined pretrial procedures, case differentiation, and voluntary processes grows, it is important to examine one such rule that has been in place for some time.
Navigating the Hazards of E-Discovery, A Manual for Judges in State Courts Across The Nation (2007). Institute for the Advancement of American Legal

This manual proceeds as follows: Part I provides a brief background on the vocabulary and technical aspects of electronic discovery. Part II examines issues of primary concern to litigants, particularly cost of production and preservation of evidence. Part III, in turn, looks at e-discovery challenges from the perspective of the bar. Finally, Part IV focuses on issues of particular concern to courts, and offers suggestions to help courts handle e-discovery disputes with fairness and efficiency.

Civil Justice System

Procedural Fairness in California: Initiatives, Challenges, and Recommendations (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").
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.  
Case Processing Time Standards. National Center for State Courts.

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

 

An article from Examining the Work of State Courts: An Analysis of 2009 State Court Caseloads. The Court Statistics Project collects and analyzes data relating to the work of our nation's courts.
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.
Use of Civil Cover Sheets in Other States (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.
Van Duizend, Richard. Introductory Overview of Massachusetts Single Justice Practice (2007).

This memorandum explains the single justice court in Massachusetts, which is a method used to expedite the disposition of certain interlocutory rulings.
Civil Justice Survey (2005). National Center for State Courts.

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.

Discovery

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

Mandatory Disclosure

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
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