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Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias
Law Faculty Publications
The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJR.lrs gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.