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Current Status Of Rule 11 In The Ninth Circuit And Washington State, Fredric C. Tausend, Lisa L. Johnsen
Current Status Of Rule 11 In The Ninth Circuit And Washington State, Fredric C. Tausend, Lisa L. Johnsen
Seattle University Law Review
Admittedly, amended Rule 11 has stirred up a great deal of controversy. The Advisory Committee of which Professor Miller is now a member will be considering a variety of proposed amendments to the Rule. While in Seattle for the 1991 spring meeting of the American Bar Association, Professor Miller expressed his own personal hope that the Rule be left unchanged for now, predicting that the upsurge in its use (and misuse) will follow a bell-shaped curve. The authors concur with the hope that it be left unchanged until the bench and bar have had both additional time to develop the …
An Empirical Examination Of Motions On The Merits, Thomas B. Marvell
An Empirical Examination Of Motions On The Merits, Thomas B. Marvell
Seattle University Law Review
This Article evaluates the Motions on the Merits procedure. Section II outlines the history of commissioners in this country. Section III describes Washington Court of Appeals Division III: its caseload trends, procedures in ordinary appeals, the commissioners' duties, and the MMT history and current procedures. Section IV quantitatively evaluates MMT procedures, exploring their impact on volume of cases decided, delay, backlog, and reversal rates. Section V presents the attorneys' opinions of the MMTs, and Section VI summarizes the results.