New rule in need of trial run

Article Abstract:

The House Judiciary Subcommittee on Intellectual Property and Judicial Administration is considering civil procedure reform recommended by the US Judicial Conference. One is a revised Federal Rule of Civil Procedure 11 which would make it harder to sanction frivolous litigation. Congress should adopt this carefully developed proposal whose impact on all parties will be balanced. The proposal to require automatic disclosure of certain relevant information before discovery needs further clarification before adoption.

Prevention, Frivolous suits (Civil procedure), Civil procedure, Pre-trial procedure, Pretrial procedure

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Alter U.S. civil law carefully

Article Abstract:

The Civil Justice Reform Act of 1990 has led to reforms in some districts for which it is questionable that there was statutory authority, for instance, the adoption of local rules which conflict with the Federal Rules of Civil Procedure. This increased divergence among federal courts will make life more difficult for attorneys who practice throughout the country, especially those involved in multi-district litigation.

Innovations, Federal courts, Justice, Administration of, Administration of justice

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Don't split Circuit without a study

Article Abstract:

The plan to split the Ninth Circuit of Appeals is ill-advised. The This realignment will not address the existing Ninth Circuit problems, and will create unbalanced caseloads between the Ninth and the newly-created 12th Circuits. The use of appropriations legislation for this type of restructuring seems politically-motivated and makes little economic sense.

Courts, Appeals Courts, United States, Management, United States. Court of Appeals for the 9th Circuit, Circuit courts

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