Comment from Patricia Moore, NA
This is a Comment on the United States Courts (USC) Proposed Rule: Preliminary Draft of Proposed Amendments to the Federal Rules of Civil Procedure
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As a former litigator and a law professor who has taught Civil Procedure for twenty years, I oppose the proposed amendments to the Federal Rules of Civil Procedure, which are supposedly directed at the "cost and delay" of civil litigation.
I offer four observations that I detail further in the attached comments. First, the most objective and reliable measure of "cost" before the Advisory Committee is contained in the 2009 study by the Federal Judicial Center, which shows neither out-of-control costs nor an increase in costs over time. Second, one objective and reliable measure of "delay" is case disposition time, a statistic maintained by the Administrative Office of the Courts. The AO's statistics show that the median disposition time for a civil case (from case filing to final disposition) has maintained stability for twenty-five years, from 7 months in 1986 to a still-brisk 7.8 months in 2012, a difference of about 24 days. Third, contrary to the Committee's apparent belief, lawyers and judges are well aware of the concept of "proportionality" in discovery and apply it frequently. Fourth, the federal courts are widely perceived to favor defendants, and the adoption of these proposals will intensify that perception, because the proposals do, in fact, favor defendants.
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Comment Period Closed
Feb 15 2014, at 11:59 PM ET
Tracking Number: 1jy-8a6e-ys1v
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Date Posted: Jan 31, 2014
RIN: Not Assigned
Submitter Name: Patricia Moore
Organization Name: NA