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.
June 1, 2024
What works with youth involved in the juvenile justice system? This is a question that has research pointing to some clear answers. Wrap-around services, a focus on youth skill development, and a well-coordinated case plan are all keys to helping youth successfully exit the justice system and become better citizens of their communities. But even …
May 1, 2024
Judges in family courts handle the complex dynamics of familial conflicts, particularly in cases involving high parental conflict. Parenting education is essential, serving as a vital tool to ensure children’s well-being during parental separations and promote smoother family transitions. “The Families in Transition (FIT) Parenting Course,” a 1.5-hour online program designed to complement existing parenting …
April 1, 2024
The Good Neighbor Emergency Assistance (GNEA) and the Iowa Judicial Branch have partnered to support The Housing Navigator Program. The Navigator at GNEA assists their clients in finding sustainable forms of housing assistance in Story County, Iowa, with the aim of preventing homelessness. They work with clients holistically to determine which programs offered by the …
March 1, 2024
The Judicial Innovation Fellowship (JIF) is an initiative incubated at the Justice Lab at Georgetown Law Center’s Institute for Technology Law and Policy. The JIF is a year-long fellowship for technologists, designers, and user testers to transform justice across state, local, territorial, and tribal courts. It is an exciting new opportunity for technologists, product people, and designers …
February 1, 2024
Pretrial policies have undergone significant change and advancement over the last decade. In 2013, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) endorsed the COSCA Policy Paper on Evidence-Based Pretrial Release. CCJ and COSCA also hosted five Pretrial Regional Summits between May 2016 and November 2018 to facilitate the …
January 1, 2024
Most states do not have specialized family court judges, let alone judges dedicated to delinquency cases. Even in states that do have a family court structure, juvenile justice often gets short shrift compared to child welfare in terms of court attention, resources, and improvement efforts. In addition, most states do not provide juvenile court judges …