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Five articles on long-range planning adapted from papers presented at the Ninth Circuit's Judicial Council meeting. The first article, "The Future of the Judicial Council of the Ninth Circuit--Until 1939," is an overview of the historical background to the formation of the council. The remaining four outline the importance of long-range planning for the Ninth Circuit and the rest of the U.S. court system.
The authors suggest ways of thinking about summary judgment that can help judges and lawyers make more effective use of the rule as a vehicle to reach the objectives of Federal Rule of Civil Procedure 1: the just, speedy, and inexpensive resolution of litigation. (Also see the authors' Summary Judgment After Eastman Kodak, 45 Hastings Law Journal 1 (1993), which is reprinted at 154 F.R.D. 311 (1994)).
The Federal Courts Study Committee's Working Papers and Subcommittee Reports constitute Part III of the Committee's report. These materials were valued background materials which the Committee determined should be published for general consideration whether or not the Committee agreed with their substantive proposals. In no event should these working papers and subcommittee reports be construed as having been adopted by the Committee.
Availability — Printed copies the Federal Courts Study Committee's Working Papers and Subcommittee Reports are not available for distribution from the Federal Judicial Center. When the Committee issued its final report, and working papers and subcommittee reports, it sent printed copies to federal courts libraries. Please check your court library for local availability of the Committee's materials.
A description of case-management procedures various courts have used to facilitate prompt resolution in asbestos litigation. The report is based on a conference of federal judges, magistrate judges, and clerks. Among the methods described are use of standardized pretrial procedures to avoid duplication of effort, use of calendaring systems to establish firm and credible trial dates, and consolidation of cases for trial to conserve judicial time.
A description of a series of innovations adopted by the Ninth Circuit court of appeals from 1980 to 1982. The report outlines the court's Submission-Without-Argument and Prebriefing Conference programs and its modifications in the calendaring of oral arguments, and it reviews the effects of these innovations on case processing and the circuit's workload.
A report on the nature and management of long, complex civil trials, based on interviews with sixty-eight experienced judges and lawyers. The report highlights facts and opinions about the role of juries in protracted trials. It also demonstrates that there are complicated trade-offs to be considered in weighing the relative advantages of bench trials and jury trials for protracted cases.
A primer based on presentations the author delivered on admiralty terminology, seaman's rights, jurisprudence, and statutes.