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Full-Text Articles in Law
A Progress Report In Automatic Disclosure In The Federal Districts, Carl W. Tobias
A Progress Report In Automatic Disclosure In The Federal Districts, Carl W. Tobias
Law Faculty Publications
In this brief article, Tobias gives an update on a controversial amendment in the Federal Rules of Civil Procedure, which provides for mandatory prediscovery, or automatic, disclosure. This articles serves to update readers on developments and clarifications since the author's previous article on the subject, published half a year earlier.
Evaluating Federal Civil Justice Reform In Montana, Carl W. Tobias
Evaluating Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
The Civil Justice Reform Act of 1990 (CJRA) has reached the mid-point of its implementation nationally and in the Montana Federal District Court. At this juncture, one of the most important aspects of statutory effectuation is evaluation of the experimentation that federal district courts have conducted under the legislation. The timing is particularly propitious in the Montana federal district because the court recently completed the annual assessment of statutory implementation that the CJRA requires. These developments in civil justice reform, particularly relating to evaluation of the experimentation which has occurred, warrant examination. This Article undertakes that effort. The Article first …
Recent Federal Civil Justice Reform In Montana, Carl W. Tobias
Recent Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
The Montana Federal District Court has continued to experiment with nearly all of the procedures that the court included in the civil justice expense and delay reduction plan which it officially adopted during April 1992 under the Civil Justice Reform Act (CJRA) of 1990. The most important procedures are automatic disclosure, co-equal assignment of cases to Article III judges and magistrate judges located in Billings, and rather close judicial case management. The judicial officers, who include three active and one senior Article III judges and three full-time magistrate judges, and many Montana attorneys who practice in federal court have now …
Improving The 1988 And 1990 Judicial Improvements Acts, Carl W. Tobias
Improving The 1988 And 1990 Judicial Improvements Acts, Carl W. Tobias
Law Faculty Publications
In this article, Professor Tobias analyzes and attempts to harmonize the conflicting frameworks for civil procedure reform embodied in the Civil Justice Reform Act of 1990 (CJRA) and its immediate predecessor, the Judicial Improvements and Access to Justice Act of 1988 (JIA). Congress intended the JIA to open the national and local rulemaking processes to public scrutiny and to decrease the use of local rules. Yet Professor Tobias finds the 1990 Act at odds with the earlier measure in several ways. By encouraging local experiments aimed at reducing litigation costs and delay, he argues, the CJRA shifted the locus of …