Civil Justice Reform Act of 1990

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U.S. Code
Title 28 Chapter 23:
Civil Justice Expense and Delay Reduction
Plans

471. Requirement for a
district court civil justice expense and delay reduction plan
472.
Development and implementation of a civil justice expense and delay
reduction plan
473. Content of civil justice expense and delay
reduction plans
474. Review of district court action
475. Periodic
district court assessment
476. Enhancement of judicial information
dissemination
477. Model civil justice expense and delay reduction
plan
478. Advisory groups
479. Information on litigation management
and cost and delay reduction
480. Training programs
481. Automated
case information
482. Definitions

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01/06/97

CITE
28 USC Sec.
471

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE

PART I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE
AND DELAY REDUCTION PLANS

TEXT
Sec. 471. Requirement for
a district court civil justice expense and delay reduction plan

There shall be implemented by each United States district
court, in accordance with this chapter, a civil justice expense and delay
reduction plan. The plan may be a plan developed by such district court or
a model plan developed by the Judicial Conference of the United States.
The purposes of each plan are to facilitate deliberate adjudication of
civil cases on the merits, monitor discovery, improve litigation
management, and ensure just, speedy, and inexpensive resolutions of civil
disputes.

SOURCE
(Added Pub. L. 101-650, title I, Sec.
103(a), Dec. 1, 1990, 104 Stat. 5090; amended Pub. L. 102-198, Sec. 2(1),
Dec. 9, 1991, 105 Stat. 1623.)

NOTES

AMENDMENTS

1991 – Pub. L. 102-198 substituted ‘this chapter’ for
‘this title’.

CONGRESSIONAL STATEMENT OF FINDINGS

Section 102 of Pub. L. 101-650 provided that: ‘The Congress
makes the following findings:

‘(1) The problems of cost and delay
in civil litigation in any United States district court must be addressed
in the context of the full range of demands made on the district court’s
resources by both civil and criminal matters.

‘(2) The courts, the
litigants, the litigants’ attorneys, and the Congress and the executive
branch, share responsibility for cost and delay in civil litigation and
its impact on access to the courts, adjudication of cases on the merits,
and the ability of the civil justice system to provide proper and timely
judicial relief for aggrieved parties.

‘(3) The solutions to
problems of cost and delay must include significant contributions by the
courts, the litigants, the litigants’ attorneys, and by the Congress and
the executive branch.

‘(4) In identifying, developing, and
implementing solutions to problems of cost and delay in civil litigation,
it is necessary to achieve a method of consultation so that individual
judicial officers, litigants, and litigants’ attorneys who have developed
techniques for litigation management and cost and delay reduction can
effectively and promptly communicate those techniques to all participants
in the civil justice system.

‘(5) Evidence suggests that an
effective litigation management and cost and delay reduction program
should incorporate several interrelated principles, including –

‘(A) the differential treatment of cases that provides for
individualized and specific management according to their needs,
complexity, duration, and probable litigation careers;
‘(B) early
involvement of a judicial officer in planning the progress of a case,
controlling the discovery process, and scheduling hearings, trials, and
other litigation events;
‘(C) regular communication between a
judicial officer and attorneys during the pretrial process; and

‘(D) utilization of alternative dispute resolution programs in
appropriate cases.

‘(6) Because the increasing volume and
complexity of civil and criminal cases imposes increasingly heavy workload
burdens on judicial officers, clerks of court, and other court personnel,
it is necessary to create an effective administrative structure to ensure
ongoing consultation and communication regarding effective litigation
management and cost and delay reduction principles and techniques.’

IMPLEMENTATION OF PLANS

Section 103(b), (c) of Pub. L. 101-650, as amended by Pub. L. 102-572,
title V, Sec. 505, Oct. 29, 1992, 106 Stat. 4513, provided that:

‘(b) Implementation. – (1) Except as provided in section 105 of this
Act (set out below), each United States district court shall, within three
years after the date of the enactment of this title (Dec. 1, 1990),
implement a civil justice expense and delay reduction plan under section
471 of title 28, United States Code, as added by subsection
(a).

‘(2) The requirements set forth in sections 471 through 478
of title 28, United States Code, as added by subsection (a), shall remain
in effect for seven years after the date of the enactment of this
title.

‘(c) Early Implementation District Courts. –

‘(1) Any United States district court that, no earlier than June 30,
1991, and no later than December 31, 1991, develops and implements a
civil justice expense and delay reduction plan under chapter 23 of title
28, United States Code, as added by subsection (a), shall be designated
by the Judicial Conference of the United States as an Early
Implementation District Court.
‘(2) The chief judge of a district so
designated may apply to the Judicial Conference for additional
resources, including technological and personnel support and information
systems, necessary to implement its civil justice expense and delay
reduction plan. The Judicial Conference may provide such resources out
of funds appropriated pursuant to section 106(a) (Pub. L. 101-650, title
I, Dec. 1, 1990, 104 Stat. 5098).
‘(3) Within 18 months after the
date of the enactment of this title (Dec. 1, 1990), the Judicial
Conference shall prepare a report on the plans developed and implemented
by the Early Implementation District Courts.
‘(4) The Director of
the Administrative Office of the United States Courts shall transmit to
the United States district courts and to the Committees on the Judiciary
of the Senate and House of Representatives –

‘(A) copies of the plans developed and implemented by the
Early Implementation District Courts;
‘(B) summaries of the
reports submitted by such district courts pursuant to section 472(d)
of title 28, United States Code, as added by subsection (a); and

‘(C) the report prepared in accordance with paragraph (3) of this
subsection.’

DEMONSTRATION PROGRAM

Section 104 of Pub. L. 101-650, as amended by Pub. L. 104-33, Sec. 1,
Oct. 3, 1995, 109 Stat. 292; Pub. L. 104-317, title VI, Sec. 608(a), Oct.
19, 1996, 110 Stat. 3860, provided that:

‘(a) In General. – (1)
During the 5-year period beginning on January 1, 1991, the Judicial
Conference of the United States shall conduct a demonstration program in
accordance with subsection (b).

‘(2) A district court
participating in the demonstration program may also be an Early
Implementation District Court under section 103(c) (set out
above).

‘(b) Program Requirement. – (1) The United States District
Court for the Western District of Michigan and the United States District
Court for the Northern District of Ohio shall experiment with systems of
differentiated case management that provide specifically for the
assignment of cases to appropriate processing tracks that operate under
distinct and explicit rules, procedures, and timeframes for the completion
of discovery and for trial.

‘(2) The United States District Court
for the Northern District of California, the United States District Court
for the Northern District of West Virginia, and the United States District
Court for the Western District of Missouri shall experiment with various
methods of reducing cost and delay in civil litigation, including
alternative dispute resolution, that such district courts and the Judicial
Conference of the United States shall select.

‘(c) Study of
Results. – The Judicial Conference of the United States, in consultation
with the Director of the Federal Judicial Center and the Director of the
Administrative Office of the United States Courts, shall study the
experience of the district courts under the demonstration program.


‘(d) Report. – Not later than June 30, 1997, the Judicial
Conference of the United States shall transmit to the Committees on the
Judiciary of the Senate and the House of Representatives a report of the
results of the demonstration program.’

PILOT PROGRAM

Section 105 of Pub. L. 101-650, as amended by Pub. L. 103-420, Sec. 4,
Oct. 25, 1994, 108 Stat. 4345; Pub. L. 104-317, title VI, Sec. 608(b),
Oct. 19, 1996, 110 Stat. 3860, provided that:

‘(a) In General. – (1) During the 5-year period beginning on January
1, 1991, the Judicial Conference of the United States shall conduct a
pilot program in accordance with subsection (b).

‘(2) A district
court participating in the pilot program shall be designated as an Early
Implementation District Court under section 103(c) (set out above).


‘(b) Program Requirements. – (1) Ten district courts (in this
section referred to as ‘Pilot Districts’) designated by the Judicial
Conference of the United States shall implement expense and delay
reduction plans under chapter 23 of title 28, United States Code (as added
by section 103(a)), not later than December 31, 1991. In addition to
complying with all other applicable provisions of chapter 23 of title 28,
United States Code (as added by section 103(a)), the expense and delay
reduction plans implemented by the Pilot Districts shall include the 6
principles and guidelines of litigation management and cost and delay
reduction identified in section 473(a) of title 28, United States
Code.

‘(2) At least 5 of the Pilot Districts designated by the
Judicial Conference shall be judicial districts encompassing metropolitan
areas.

‘(3) The expense and delay reduction plans implemented by
the Pilot Districts shall remain in effect for a period of 4 years. At the
end of that 4-year period, the Pilot Districts shall no longer be required
to include, in their expense and delay reduction plans, the 6 principles
and guidelines of litigation management and cost and delay reduction
described in paragraph (1).

‘(c) Program Study Report. – (1) Not
later than June 30, 1997, the Judicial Conference shall submit to the
Committees on the Judiciary of the Senate and House of Representatives a
report on the results of the pilot program under this section that
includes an assessment of the extent to which costs and delays were
reduced as a result of the program. The report shall compare those results
to the impact on costs and delays in ten comparable judicial districts for
which the application of section 473(a) of title 28, United States Code,
had been discretionary. That comparison shall be based on a study
conducted by an independent organization with expertise in the area of
Federal court management.

‘(2)(A) The Judicial Conference shall
include in its report a recommendation as to whether some or all district
courts should be required to include, in their expense and delay reduction
plans, the 6 principles and guidelines of litigation management and cost
and delay reduction identified in section 473(a) of title 28, United
States Code.

‘(B) If the Judicial Conference recommends in its
report that some or all district courts be required to include such
principles and guidelines in their expense and delay reduction plans, the
Judicial Conference shall initiate proceedings for the prescription of
rules implementing its recommendation, pursuant to chapter 131 of title
28, United States Code.

‘(C) If in its report the Judicial
Conference does not recommend an expansion of the pilot program under
subparagraph (A), the Judicial Conference shall identify alternative, more
effective cost and delay reduction programs that should be implemented in
light of the findings of the Judicial Conference in its report, and the
Judicial Conference may initiate proceedings for the prescription of rules
implementing its recommendation, pursuant to chapter 131 of title 28,
United States Code.’

[ 471
] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 472

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 472. Development and implementation of a civil
justice expense and delay reduction plan

(a) The civil justice expense and delay reduction plan implemented by a
district court shall be developed or selected, as the case may be, after
consideration of the recommendations of an advisory group appointed in
accordance with section 478 of this title.

(b) The advisory group
of a United States district court shall submit to the court a report,
which shall be made available to the public and which shall include –

(1) an assessment of the matters referred to in subsection
(c)(1);
(2) the basis for its recommendation that the district court
develop a plan or select a model plan;
(3) recommended measures,
rules and programs; and
(4) an explanation of the manner in which
the recommended plan complies with section 473 of this title.

(c)(1) In developing its recommendations, the advisory group
of a district court shall promptly complete a thorough assessment of the
state of the court’s civil and criminal dockets. In performing the
assessment for a district court, the advisory group shall –

(A) determine the condition of the civil and criminal
dockets;
(B) identify trends in case filings and in the demands
being placed on the court’s resources;
(C) identify the principal
causes of cost and delay in civil litigation, giving consideration to
such potential causes as court procedures and the ways in which
litigants and their attorneys approach and conduct litigation; and

(D) examine the extent to which costs and delays could be reduced by
a better assessment of the impact of new legislation on the courts.

(2) In developing its recommendations, the advisory group of a district
court shall take into account the particular needs and circumstances of
the district court, litigants in such court, and the litigants’ attorneys.


(3) The advisory group of a district court shall ensure that its
recommended actions include significant contributions to be made by the
court, the litigants, and the litigants’ attorneys toward reducing cost
and delay and thereby facilitating access to the courts.

(d) The
chief judge of the district court shall transmit a copy of the plan
implemented in accordance with subsection (a) and the report prepared in
accordance with subsection (b) of this section to –

(1) the Director of the Administrative Office of the United
States Courts;
(2) the judicial council of the circuit in which the
district court is located; and (3) the chief judge of each of the other
United States district courts located in such circuit.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5090.)

SECREF

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 473, 474, 478, 479 of this
title.

[ 471 ] [ 472 ] [
473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 473

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 473. Content of civil
justice expense and delay reduction plans

(a) In formulating the provisions of its civil justice expense and
delay reduction plan, each United States district court, in consultation
with an advisory group appointed under section 478 of this title, shall
consider and may include the following principles and guidelines of
litigation management and cost and delay reduction:

(1) systematic, differential treatment of civil cases that
tailors the level of individualized and case specific management to such
criteria as case complexity, the amount of time reasonably needed to
prepare the case for trial, and the judicial and other resources
required and available for the preparation and disposition of the case;

(2) early and ongoing control of the pretrial process through
involvement of a judicial officer in –

(A) assessing and planning the progress of a case;
(B)
setting early, firm trial dates, such that the trial is scheduled to
occur within eighteen months after the filing of the complaint, unless
a judicial officer certifies that –

(i) the demands of the case and its complexity make such
a trial date incompatible with serving the ends of justice; or

(ii) the trial cannot reasonably be held within such time
because of the complexity of the case or the number or complexity of
pending criminal cases;

(C) controlling the extent of
discovery and the time for completion of discovery, and ensuring
compliance with appropriate requested discovery in a timely fashion;
and
(D) setting, at the earliest practicable time, deadlines for
filing motions and a time framework for their disposition;

(3) for all cases that the court or an individual judicial
officer determines are complex and any other appropriate cases, careful
and deliberate monitoring through a discovery-case management conference
or a series of such conferences at which the presiding judicial officer
–

(A) explores the parties’ receptivity to, and the
propriety of, settlement or proceeding with the litigation;
(B)
identifies or formulates the principal issues in contention and, in
appropriate cases, provides for the staged resolution or bifurcation
of issues for trial consistent with Rule 42(b) of the Federal Rules of
Civil Procedure;
(C) prepares a discovery schedule and plan
consistent with any presumptive time limits that a district court may
set for the completion of discovery and with any procedures a district
court may develop to –

(i) identify and limit the volume of discovery available
to avoid unnecessary or unduly burdensome or expensive discovery;
and
(ii) phase discovery into two or more stages; and

(D) sets, at the earliest practicable time, deadlines for
filing motions and a time framework for their disposition;

(4) encouragement of cost-effective discovery through
voluntary exchange of information among litigants and their attorneys
and through the use of cooperative discovery devices;
(5)
conservation of judicial resources by prohibiting the consideration of
discovery motions unless accompanied by a certification that the moving
party has made a reasonable and good faith effort to reach agreement
with opposing counsel on the matters set forth in the motion; and

(6) authorization to refer appropriate cases to alternative dispute
resolution programs that –

(A) have been designated for use in a district court; or

(B) the court may make available, including mediation, minitrial,
and summary jury trial.

(b) In formulating the
provisions of its civil justice expense and delay reduction plan, each
United States district court, in consultation with an advisory group
appointed under section 478 of this title, shall consider and may include
the following litigation management and cost and delay reduction
techniques:

(1) a requirement that counsel for each party to a case
jointly present a discovery-case management plan for the case at the
initial pretrial conference, or explain the reasons for their failure to
do so;
(2) a requirement that each party be represented at each
pretrial conference by an attorney who has the authority to bind that
party regarding all matters previously identified by the court for
discussion at the conference and all reasonably related matters;
(3)
a requirement that all requests for extensions of deadlines for
completion of discovery or for postponement of the trial be signed by
the attorney and the party making the request;
(4) a neutral
evaluation program for the presentation of the legal and factual basis
of a case to a neutral court representative selected by the court at a
nonbinding conference conducted early in the litigation;
(5) a
requirement that, upon notice by the court, representatives of the
parties with authority to bind them in settlement discussions be present
or available by telephone during any settlement conference; and
(6)
such other features as the district court considers appropriate after
considering the recommendations of the advisory group referred to in
section 472(a) of this title.

(c) Nothing in a civil justice expense and delay reduction plan
relating to the settlement authority provisions of this section shall
alter or conflict with the authority of the Attorney General to conduct
litigation on behalf of the United States, or any delegation of the
Attorney General.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5091.)

NOTES

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (a)(3)(B),
are set out in the Appendix to this title.

SECREF

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 472, 477 of this title.

[ 471 ] [ 472 ] [ 473 ] [
474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 474

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 474. Review of district court action

(a)(1) The chief judge of each district court in a circuit and the
chief judge of the circuit shall, as a committee –

(A) review each plan and report submitted pursuant to
section 472(d) of this title; and (B) make such suggestions for
additional actions or modified actions of that district court as the
committee considers appropriate for reducing cost and delay in civil
litigation in the district court.

(2) The chief judge of a circuit may designate another judge of the
court of appeals of that circuit, and the chief judge of a district court
may designate another judge of such court, to perform that chief judge’s
responsibilities under paragraph (1) of this subsection.

(b) The
Judicial Conference of the United States –

(1) shall review each plan and report submitted by a
district court pursuant to section 472(d) of this title; and
(2) may
request the district court to take additional action if the Judicial
Conference determines that such court has not adequately responded to
the conditions relevant to the civil and criminal dockets of the court
or to the recommendations of the district court’s advisory group.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5093; amended Pub. L. 102-198, Sec. 2(2), Dec. 9, 1991,
105 Stat. 1623.)

NOTES

AMENDMENTS

1991 – Subsec. (a)(1). Pub. L. 102-198, Sec. 2(2)(A), substituted
‘chief judge’ for ‘chief judges’ and struck out ‘court of appeals for
such’ after ‘judge of the’ in introductory provisions.

Subsec.
(a)(2). Pub. L. 102-198, Sec. 2(2)(B), substituted ‘circuit may designate
another judge of the court of appeals of that circuit,’ for ‘court of
appeals’ and ‘court, to perform that’ for ‘court to perform the’.

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [
475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 475

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 475. Periodic district court assessment

After developing or selecting a civil justice expense and delay
reduction plan, each United States district court shall assess annually
the condition of the court’s civil and criminal dockets with a view to
determining appropriate additional actions that may be taken by the court
to reduce cost and delay in civil litigation and to improve the litigation
management practices of the court. In performing such assessment, the
court shall consult with an advisory group appointed in accordance with
section 478 of this title.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5093.)

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [
476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 476

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 476. Enhancement of judicial information
dissemination

(a) The Director of the Administrative Office of the United States
Courts shall prepare a semiannual report, available to the public, that
discloses for each judicial officer –

(1) the number of motions that have been pending for more
than six months and the name of each case in which such motion has been
pending;
(2) the number of bench trials that have been submitted for
more than six months and the name of each case in which such trials are
under submission; and
(3) the number and names of cases that have
not been terminated within three years after filing.

(b) To ensure uniformity of reporting, the standards for categorization
or characterization of judicial actions to be prescribed in accordance
with section 481 of this title shall apply to the semiannual report
prepared under subsection (a).

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5093.)

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476
]
[ 477 ][
478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 477

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 477. Model civil justice expense and delay
reduction plan

(a)(1) Based on the plans developed and implemented by the United
States district courts designated as Early Implementation District Courts
pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the
Judicial Conference of the United States may develop one or more model
civil justice expense and delay reduction plans. Any such model plan shall
be accompanied by a report explaining the manner in which the plan
complies with section 473 of this title.

(2) The Director of the
Federal Judicial Center and the Director of the Administrative Office of
the United States Courts may make recommendations to the Judicial
Conference regarding the development of any model civil justice expense
and delay reduction plan.

(b) The Director of the Administrative
Office of the United States Courts shall transmit to the United States
district courts and to the Committees on the Judiciary of the Senate and
the House of Representatives copies of any model plan and accompanying
report.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5094.)

NOTES

REFERENCES IN TEXT

Section 103(c) of the Civil Justice Reform Act of 1990 (Pub. L.
101-650), referred to in subsec. (a)(1), is set out as a note under
section 471 of this title.

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][
478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 478

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 478. Advisory groups

(a) Within ninety days after the date of the enactment of this chapter,
the advisory group required in each United States district court in
accordance with section 472 of this title shall be appointed by the chief
judge of each district court, after consultation with the other judges of
such court.

(b) The advisory group of a district court shall be
balanced and include attorneys and other persons who are representative of
major categories of litigants in such court, as determined by the chief
judge of such court.

(c) Subject to subsection (d), in no event
shall any member of the advisory group serve longer than four
years.

(d) Notwithstanding subsection (c), the United States
Attorney for a judicial district, or his or her designee, shall be a
permanent member of the advisory group for that district court.

(e)
The chief judge of a United States district court may designate a reporter
for each advisory group, who may be compensated in accordance with
guidelines established by the Judicial Conference of the United States.


(f) The members of an advisory group of a United States district
court and any person designated as a reporter for such group shall be
considered as independent contractors of such court when in the
performance of official duties of the advisory group and may not, solely
by reason of service on or for the advisory group, be prohibited from
practicing law before such court.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5094.)

NOTES

REFERENCES IN TEXT

The date of the enactment of this chapter, referred to in subsec. (a),
is the date of enactment of Pub. L. 101-650, which was approved Dec. 1,
1990.

SECREF

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 472, 473, 475 of this title.

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 479

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 479. Information on litigation management and cost
and delay reduction

(a) Within four years after the date of the enactment of this chapter,
the Judicial Conference of the United States shall prepare a comprehensive
report on all plans received pursuant to section 472(d) of this title. The
Director of the Federal Judicial Center and the Director of the
Administrative Office of the United States Courts may make recommendations
regarding such report to the Judicial Conference during the preparation of
the report. The Judicial Conference shall transmit copies of the report to
the United States district courts and to the Committees on the Judiciary
of the Senate and the House of Representatives.

(b) The Judicial
Conference of the United States shall, on a continuing basis –

(1) study ways to improve litigation management and dispute
resolution services in the district courts; and
(2) make
recommendations to the district courts on ways to improve such services.

(c)(1) The Judicial Conference of the United States shall prepare,
periodically revise, and transmit to the United States district courts a
Manual for Litigation Management and Cost and Delay Reduction. The
Director of the Federal Judicial Center and the Director of the
Administrative Office of the United States Courts may make recommendations
regarding the preparation of and any subsequent revisions to the Manual.


(2) The Manual shall be developed after careful evaluation of the
plans implemented under section 472 of this title, the demonstration
program conducted under section 104 of the Civil Justice Reform Act of
1990, and the pilot program conducted under section 105 of the Civil
Justice Reform Act of 1990.

(3) The Manual shall contain a
description and analysis of the litigation management, cost and delay
reduction principles and techniques, and alternative dispute resolution
programs considered most effective by the Judicial Conference, the
Director of the Federal Judicial Center, and the Director of the
Administrative Office of the United States Courts.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5095.)

NOTES

REFERENCES IN TEXT

The date of the enactment of this chapter, referred to in subsec. (a),
is the date of enactment of Pub. L. 101-650, which was approved Dec. 1,
1990.
Sections 104 and 105 of the Civil Justice Reform Act of 1990
(Pub. L. 101-650), referred to in subsec. (c)(2), are set out as notes
under section 471 of this title.

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [
480 ] [ 481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 480

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 480. Training programs

The Director of the Federal Judicial Center and the Director of the
Administrative Office of the United States Courts shall develop and
conduct comprehensive education and training programs to ensure that all
judicial officers, clerks of court, courtroom deputies, and other
appropriate court personnel are thoroughly familiar with the most recent
available information and analyses about litigation management and other
techniques for reducing cost and expediting the resolution of civil
litigation. The curriculum of such training programs shall be periodically
revised to reflect such information and analyses.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5095.)

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [
481 ] [ 482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 481

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND DELAY
REDUCTION PLANS

TEXT
Sec. 481. Automated case information

(a) The Director of the Administrative Office of the United States
Courts shall ensure that each United States district court has the
automated capability readily to retrieve information about the status of
each case in such court.
(b)(1) In carrying out subsection (a), the
Director shall prescribe –

(A) the information to be recorded in district court
automated systems; and
(B) standards for uniform categorization or
characterization of judicial actions for the purpose of recording
information on judicial actions in the district court automated systems.

(2) The uniform standards prescribed under paragraph (1)(B) of this
subsection shall include a definition of what constitutes a dismissal of a
case and standards for measuring the period for which a motion has been
pending.

(c) Each United States district court shall record
information as prescribed pursuant to subsection (b) of this section.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5095.)

SECREF

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 476 of this title.

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [
482 ][ TOC ]

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01/06/97

CITE
28 USC Sec. 482

EXPCITE
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART
I – ORGANIZATION OF COURTS
CHAPTER 23 – CIVIL JUSTICE EXPENSE AND
DELAY REDUCTION PLANS

TEXT
Sec. 482. Definitions

As used in this chapter, the term ‘judicial officer’ means a United
States district court judge or a United States magistrate.

SOURCE
(Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1,
1990, 104 Stat. 5096.)

NOTES

CHANGE OF NAME

Reference to United States magistrate or to magistrate deemed to refer
to United States magistrate judge pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of this title.

[ 471 ] [ 472 ] [ 473 ] [ 474 ] [ 475 ] [ 476 ]
[ 477 ][ 478 ] [ 479 ] [ 480 ] [ 481 ] [ 482 ][ TOC ]

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