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Tinkering with procedure; federal committee backs automatic disclosure, restrained Rule 11

Article Abstract:

The ABA Standing Committee on Rules of Practice and Procedure in Jun 1992 recommended changes to Federal Rule of Civil Procedure 11, which will have to progress through the Judicial Conference of the United States, the Supreme Court and Congress before they can take effect in Dec 1993. Committee recommendations include paying sanctions into court rather than the opposing side; letting Rule 11 sanctions be permissive, not mandatory; and a 'safe harbor' proposal permitting a party with written notice of a potential Rule 11 violation to respond or withdraw from a suit rather than incur a penalty.

Author: Reske, Henry J.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Sanctions (Law), Frivolous suits (Civil procedure)

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Record state caseloads in 1990; but tort filings may be slowing because of reform legislation, report suggests

Article Abstract:

Cases filed in state courts in 1990 topped 100 million. Of these, 18.4 million were civil, 13 million criminal, 1.5 million juvenile, 67.5 million violations of traffic or other ordinances, and 238,000 appellate. Since 1984, civil caseloads have gone up by 30%, criminal caseloads by 33%, juvenile caseloads by 28% and traffic caseloads by 12%. In the 35 states that had information available, felony filings went up by more than 50% during that time period. This data comes from a report by the National Center for State Courts, 'State Court Caseload Statistics: Annual Report 1990.'

Author: Reske, Henry J.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Statistics, State courts, Court congestion and delay, Court delay

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Juvenile reform; ABA backs legislation to protect kids

Article Abstract:

The juvenile court system is suffering from massive court congestion and delay and the ABA is lobbying for federal legislation to deal with the issue. Mindful of Vice President Quayle's appeal for tort reform at the 1991 ABA meeting, ABA pres Talbot d'Alemberte wrote to him on Mar 24, 1992, asking for his help with the issue. The Family Preservation Act, which was introduced in Jun 1991, would reform juvenile justice but budgetary concerns have kept it in committee.

Author: Reske, Henry J.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Political activity, Political aspects, Juvenile justice, Administration of, Administration of juvenile justice, Law reform, Legal reform, Quayle, Dan

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Subjects list: Laws, regulations and rules
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