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28 U.S.C. § 477 — Model civil justice expense and delay reduction plan

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 477 — Model civil justice expense and delay reduction plan

**(a)** (1) Based on the plans developed and implemented by the United States district courts designated as Early Implementation District Courts pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the Judicial Conference of the United States may develop one or more model civil justice expense and delay reduction plans. Any such model plan shall be accompanied by a report explaining the manner in which the plan complies with [section 473 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section473&num=0&edition=prelim). (2) The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations to the Judicial Conference regarding the development of any model civil justice expense and delay reduction plan. **(b)** The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any model plan and accompanying report.

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Source file: Laws/federal/codes/united-states-code/title-28/section-477-model-civil-justice-expense-and-delay-reduction-plan--0ce03a5714.md
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Source location: Title 28, Chapter 23, § 477; chapter-023-civil-justice-expense-and-delay-reduction-plans.md

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**(a)** (1) Based on the plans developed and implemented by the United States district courts designated as Early Implementation District Courts pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the Judicial Conference of the United States may develop one or more model civil justice expense and delay reduction plans. Any such model plan shall be accompanied by a report explaining the manner in which the plan complies with [section 473 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section473&num=0&edition=prelim). (2) The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations to the Judicial Conference regarding the development of any model civil justice expense and delay reduction plan. **(b)** The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any model plan and accompanying report.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 471 — Requirement for a district court civil justice expense and delay reduction plan

There shall be implemented by each United States district court, in accordance with this chapter, a civil justice expense and delay reduction plan. The plan may be a plan developed by such district court or a model plan developed by the Judicial Conference of the United States. The purposes of each plan are to facilitate deliberate adjudication of civil cases on the merits, monitor discovery, improve litigation management, and ensure just, speedy, and in­expensive resolutions of civil disputes.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 473 — Content of civil justice expense and delay reduction plans

**(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

28 U.S.C. § 477 — Model civil justice expense and delay re-

Page 166 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 474 case to a neutral court representative selected by the court at a nonbinding conference con- ducted early in the litigation; (5) a requirement that, upon notice by the court, representatives of the parties with au- thority to bind them in settlement discussions be present or available by telephone during any settlement conference; and (6) such other features as the district court considers appropriate after considering the recommendations of the advisory group re- ferred to in section 472(a) of this title. (c) Nothing in a civil justice expense and delay reduction plan relating to the settlement au- thority provisions of this section shall alter or conflict with the authority of the Attorney Gen- eral to conduct litigation on behalf of the United States, or any delegation of the Attorney General. (Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5091.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a)(3)(B), are set out in the Appendix to this title. § 474. Review of district court action (a)(1) The chief judge of each district court in a circuit and the chief judge of the circuit shall, as a committee— (A) review each plan and report submitted pursuant to section 472(d) of this title; and (B) make such suggestions for additional ac- tions or modified actions of that district court as the committee considers appropriate for re- ducing cost and delay in civil litigation in the district court. (2) The chief judge of a circuit may designate another judge of the court of appeals of that cir- cuit, and the chief judge of a district court may designate another judge of such court, to per- form that chief judge’s responsibiliti

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 477

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