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28 U.S.C. § 472 — Development and implementation of a civil justice expense and delay reduction plan
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The civil justice expense and delay reduction plan implemented by a district court shall be developed or selected, as the case may be, after consideration of the recommendations of an advisory group appointed in accordance with [section 478 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section478&num=0&edition=prelim).
**(b)** The advisory group of a United States district court shall submit to the court a report, which shall be made available to the public and which shall include—
(1) an assessment of the matters referred to in subsection (c)(1);
(2) the basis for its recommendation that the district court develop a plan or select a model plan;
(3) recommended measures, rules and programs; and
(4) an explanation of the manner in which the recommended plan complies with [section 473 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section473&num=0&edition=prelim).
**(c)**
(1) In developing its recommendations, the advisory group of a district court shall promptly complete a thorough assessment of the state of the court’s civil and criminal dockets. In performing the assessment for a district court, the advisory group shall—
(A) determine the condition of the civil and criminal dockets;
(B) identify trends in case filings and in the demands being placed on the court’s resources;
(C) identify the principal causes of cost and delay in civil litigation, giving consideration to such potential causes as court procedures and the ways in which litigants and their attorneys approach and conduct litigation; and
(D) examine the extent to which costs and delays could be reduced by a better assessment of the impact of new legislation on the courts.
(2) In developing its recommendatio
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Source file: Laws/federal/codes/united-states-code/title-28/section-472-development-and-implementation-of-a-civil-justice-expense-and-delay-redu--0903b94865.md
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Source location: Title 28, Chapter 23, § 472; chapter-023-civil-justice-expense-and-delay-reduction-plans.md
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**(a)** The civil justice expense and delay reduction plan implemented by a district court shall be developed or selected, as the case may be, after consideration of the recommendations of an advisory group appointed in accordance with [section 478 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section478&num=0&edition=prelim).
**(b)** The advisory group of a United States district court shall submit to the court a report, which shall be made available to the public and which shall include—
(1) an assessment of the matters referred to in subsection (c)(1);
(2) the basis for its recommendation that the district court develop a plan or select a model plan;
(3) recommended measures, rules and programs; and
(4) an explanation of the manner in which the recommended plan complies with [section 473 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section473&num=0&edition=prelim).
**(c)**
(1) In developing its recommendations, the advisory group of a district court shall promptly complete a thorough assessment of the state of the court’s civil and criminal dockets. In performing the assessment for a district court, the advisory group shall—
(A) determine the condition of the civil and criminal dockets;
(B) identify trends in case filings and in the demands being placed on the court’s resources;
(C) identify the principal causes of cost and delay in civil litigation, giving consideration to such potential causes as court procedures and the ways in which litigants and their attorneys approach and conduct litigation; and
(D) examine the extent to which costs and delays could be reduced by a better assessment of the impact of new legislation on the courts.
(2) In developing its recommendations, the advisory group of a district court shall take into account the particular needs and circumstances of the district court, litigants in such court, and the litigants’ attorneys.
(3) The advisory group of a district court shall ensure that its recommended actions include significant contributions to be made by the court, the litigants, and the litigants’ attorneys toward reducing cost and delay and thereby facilitating access to the courts.
**(d)** The chief judge of the district court shall transmit a copy of the plan implemented in accordance with subsection (a) and the report prepared in accordance with subsection (b) of this section to—
(1) the Director of the Administrative Office of the United States Courts;
(2) the judicial council of the circuit in which the district court is located; and
(3) the chief judge of each of the other United States district courts located in such circuit.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In formulating the provisions of its civil justice expense and delay reduction plan, each United States district court, in consultation with an advisory group appointed under [section 478 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section478&num=0&edition=prelim), shall consider and may include the following principles and guidelines of litigation management and cost and delay reduction:
(1) systematic, differential treatment of civil cases that tailors the level of individualized and case specific management to such criteria as case complexity, the amount of time reasonably needed to prepare the case for trial, and the judicial and other resources required and available for the preparation and disposition of the case;
(2) early and ongoing control of the pretrial process through involvement of a judicial officer in—
(A) assessing and planning the progress of a case;
(B) setting early, firm trial dates, such that the trial is scheduled to occur within eighteen months after the filing of the complaint, unless a judicial officer certifies that—
(i) the demands of the case and its complexity make such a trial date incompatible with serving the ends of justice; or
(ii) the trial cannot reasonably be held within such time because of the complexity of the case or the number or complexity of pending criminal cases;
(C) controlling the extent of discovery and the time for completion of discovery, and ensuring compliance with appropriate requested discovery in a timely fashion; and
(D) setting, at the earliest practicable time, deadlines for filing motions and a time framework for their disposition;
(3) for all cases that the court or an individual judicial officer determines are complex and any other appr
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within ninety days after the date of the enactment of this chapter, the advisory group required in each United States district court in accordance with [section 472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section472&num=0&edition=prelim) shall be appointed by the chief judge of each district court, after consultation with the other judges of such court.
**(b)** The advisory group of a district court shall be balanced and include attorneys and other persons who are representative of major categories of litigants in such court, as determined by the chief judge of such court.
**(c)** Subject to subsection (d), in no event shall any member of the advisory group serve longer than four years.
**(d)** Notwithstanding subsection (c), the United States Attorney for a judicial district, or his or her designee, shall be a permanent member of the advisory group for that district court.
**(e)** The chief judge of a United States district court may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Judicial Conference of the United States.
**(f)** The members of an advisory group of a United States district court and any person designated as a reporter for such group shall be considered as independent contractors of such court when in the performance of official duties of the advisory group and may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before such court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 478
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within four years after the date of the enactment of this chapter, the Judicial Conference of the United States shall prepare a comprehensive report on all plans received pursuant to [section 472(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section472/d&num=0&edition=prelim). The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding such report to the Judicial Conference during the preparation of the report. The Judicial Conference shall transmit copies of the report to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives.
**(b)** The Judicial Conference of the United States shall, on a continuing basis—
(1) study ways to improve litigation management and dispute resolution services in the district courts; and
(2) make recommendations to the district courts on ways to improve such services.
**(c)**
(1) The Judicial Conference of the United States shall prepare, periodically revise, and transmit to the United States district courts a Manual for Litigation Management and Cost and Delay Reduction. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding the preparation of and any subsequent revisions to the Manual.
(2) The Manual shall be developed after careful evaluation of the plans implemented under [section 472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section472&num=0&edition=prelim), the demonstration program conducted under section 104 of the Civil Justice Reform Act of 1990, and the pilot program conducted under se
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Federal law — U.S. Code and appendices · legal_authorities
Page 164
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 472
292; Pub. L. 104–317, title VI, § 608(a), Oct. 19, 1996, 110
Stat. 3860, provided that:
‘‘(a) IN GENERAL.—(1) During the 5-year period begin-
ning on January 1, 1991, the Judicial Conference of the
United States shall conduct a demonstration program
in accordance with subsection (b).
‘‘(2) A district court participating in the demonstra-
tion program may also be an Early Implementation
District Court under section 103(c) [set out above].
‘‘(b) PROGRAM REQUIREMENT.—(1) The United States
District Court for the Western District of Michigan and
the United States District Court for the Northern Dis-
trict of Ohio shall experiment with systems of differen-
tiated case management that provide specifically for
the assignment of cases to appropriate processing
tracks that operate under distinct and explicit rules,
procedures, and timeframes for the completion of dis-
covery and for trial.
‘‘(2) The United States District Court for the North-
ern District of California, the United States District
Court for the Northern District of West Virginia, and
the United States District Court for the Western Dis-
trict of Missouri shall experiment with various meth-
ods of reducing cost and delay in civil litigation, in-
cluding alternative dispute resolution, that such dis-
trict courts and the Judicial Conference of the United
States shall select.
‘‘(c) STUDY OF RESULTS.—The Judicial Conference of
the United States, in consultation with the Director of
the Federal Judicial Center and the Director of the Ad-
ministrative Office of the United States Courts, shall
study the experience of the district courts under the
demonstration program.
‘‘(d) REPORT.—Not later than June 30, 1997, the Judi-
cial Conference of th
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