In 2011, Utah became the first state to embed the concept of proportionality into its rules governing discovery in civil cases. Utah Rule 26 created three tiers based on the amount-in-controversy at stake with tight deadlines and significant restrictions on the scope of allowable discovery for cases valued less than $50,000 (Tier 1), slightly longer deadlines and expanded discovery permitted for cases valued between $50,000 and $300,000 (Tier 2), and more traditional deadlines and scope of discovery for cases valued more than $300,000 (Tier 3). The result was more effective judicial case management, leading to fewer discovery disputes in tort and non-debt collection contract cases and significantly faster case resolution time. Utah’s experience with civil justice reforms became a cornerstone for the CCJ Civil Justice Improvements Committee recommendations concerning triage and case management.
Although COVID-19 disrupted civil justice reform efforts, court leadership in many states expressed confidence that the CJI recommendations, especially triage and judicial enforcement of case scheduling orders and deadlines, were the key to addressing civil case backlogs. With grant funding from the State Justice Institute, the National Center for State Courts (NCSC) returned to Utah to examine the longer-term impact of Utah’s civil discovery reforms. Using data on civil cases filed from 2013 through 2019, focus groups with Utah district court judges and civil practitioners, and surveys of attorneys in civil cases, the 10-Year Retrospective on Utah Civil Discovery Reforms focuses on the sustainability of Utah’s reforms over time as well as practitioner perceptions of civil legal practice.
NCSC continues data analysis, especially to account for shifts in caseload composition and discovery assignments, such as a decreased proportion of debt collection cases and increased Tier 3 cases driven by both increased tort cases and an increased tendency to assign tort cases to Tier 3. Although discovery disputes have continued to decrease over the past 10 years, the Utah district courts have not sustained the faster disposition times that were achieved in the first two years following implementation of the rules. Tier 1 and Tier 3 cases are still resolving faster than before the new discovery rules were enacted, but Tier 2 cases now resolve slower than in 2011. Compared to the period immediately after the discovery rules went into effect, Certificates of Trial Readiness (COR) were less likely to be filed in a timely manner, and more cases were disposed six months or more after the COR due date. In survey responses, attorneys noted inconsistent judicial case management practices, including enforcement of discovery deadlines and restrictions, which may explain some of the loss of progress on case resolution time. Of particular interest, attorney survey responses showed strong appetite for more consistent judicial enforcement with more than half expressing a preference for strict enforcement of the discovery rules. NCSC expects to complete data analysis and release its final report with recommendations in September 2024.
December 1, 2023
The Administrative Office of Pennsylvania Courts (AOPC) is applying the technical and business definitions of the National Open Data Standards (NODS) to resolve enduring, and common, obstacles to collecting good civil and family court data. Developed by the Conference of State Court Administrators and the National Center for State Courts (NCSC), NODS is intended to …
November 1, 2023
The Access to Justice Lab at Harvard Law School and LaGratta Consulting LLC are conducting a randomized control trial examining the effects of in-person versus remote hearings for self-represented family law litigants in the 3rd Judicial District Court of Utah (Salt Lake County). The project intends to examine case outcomes and litigant experience in both …
October 1, 2023
In 2020, the Tennessee Administrative Office of the Courts (AOC) was awarded a State Justice Institute (SJI) Technical Assistance grant to retain the services of Catalis by Court Innovations, Inc. (Catalis) to assist the AOC with developing and implementing an online platform to resolve medical debt disputes in Hamilton County, TN, before a lawsuit is …
September 1, 2023
Rural communities face unique challenges that impact their ability to deliver fair and equitable justice. Despite these challenges, rural communities rely on their many strengths to address the needs of their residents. In 2021, the National Center for State Courts, in partnership with Rulo Strategies, launched the Rural Justice Collaborative (RJC) to showcase the strengths …
August 1, 2023
Leveling the Scales of Justice: Developing an Action Blueprint to Further Racial Justice in and by the Courts (known as the Blueprint for Racial Justice Initiative) The Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) issued a resolution in 2020 that called on courts to ‘intensify efforts to combat racial prejudice …
July 1, 2023
The National Judicial Network: A Lifeline Helping Judges Better Serve Human Trafficking Victims and Immigrant Victims of Crime and Abuse The National Judicial Network (NJN): Forum on Human Trafficking and Immigration in State Courts offers judges an opportunity for peer-to-peer learning and information sharing. Judges from all over the country who are interested in the …