Memorandum in re Time to Trial

Paper Summary:

This paper provides information concerning the reasons that civil cases often take much longer to come to trial than do criminal cases. The author identifies various factors that are held to be causal in delaying civil cases in reaching the trial phase and explains why criminal cases often reach trial much earlier. The paper also explores the role that attorneys play in the delays in going to trial in civil cases and the ethical questions surrounding these delays.


Outline:
Introduction
Overview of Civil and Criminal Case Facts
Differentiation of Rules and Procedures
The Discovery Process a Factor in Time to Trial
Motion Hearings
Mediation and Arbitration
Differentiated Case Management Successful in Some Courts
Recommendations

From the Paper:

"There are basic differences between criminal and civil actions that result in a difference in the length of time that it takes for these two different case types to reach the trial phase after having once begun in the court process. Firstly, criminal actions are complaints brought against parties who are accused of violating a law by the state or federal government whereas civil actions are all actions, which are non-criminal in nature and involve the rights of the individual and remedies including torts, contracts, real estate and trust as well as family law matters. Criminal actions are prosecuted by the state and federal government on behalf of the citizens in keeping with enforcement of laws and regulations. While the basic process of civil and criminal actions through the judicial system is relatively the same, there are differences relating to the filing of the claims or allegations although in both cases an attempt is made in discovery facts and information relating to the case."

Sample of Sources Used:

• Ayscue, E. Osborne Jr. (1999) Key Distinctions in the U.S. Court System. September 1999. USIS Issues of Democracy. Online available:
• Mohr, Joe (2008) Why Is My Personal Injury Case Taking So Long? Lexis Nexis lawyer.com Online available at: http://personal-injury.lawyers.com/Why-Is-My-Personal-Injury-Case-Taking-So-Long.html
• Differentiated Case Tracking Program -Justice Delayed is Justice Denied: Executive Summary of DCTP (2008) Fairfax Circuit Court Civil Case Management. Online Available at: http://www.fairfaxcounty.gov/courts/circuit/dctp.htm

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