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The Civil Justice Reform Act of 1990 (CJRA) required that each federal district court develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management and required an independent evaluation to assess their effects. After the main evaluation report was completed, the Advisory Committee on Civil Rules of the Judicial Conference of the United States asked RAND to conduct further analyses of the CJRA evaluation data to see if additional light could be shed on discovery management. The report uses both descriptive tabulations and statistical techniques to assess policy effects. Management policies are evaluated when used in various combinations, such as early management in combination with discovery plans and early scheduling of a trial date. Also analyzed are subsets of cases or lawyers, such as high complexity cases only, high stakes cases only, contingent fee lawyers only, or tort cases only. For each type of case, data include time to disposition, lawyer satisfaction with judicial case management, lawyer views on the fairness of judicial case management, total lawyer work hours per litigant, lawyer work hours on discovery, and the number of discovery motions filed.

Table of Contents

  • Chapter 1

    Discovery Management: Background and Framework for Discussion

  • Chapter 2

    Description of Discovery Costs and Other Information for Various Types of Cases

  • Chapter 3

    Evaluation of Various Discovery Management Policies

  • Chapter 4

    Policy Findings

  • Appendix

    Details of Statistical Analyses

This report is part of the RAND Corporation monograph report series. The monograph/report was a product of the RAND Corporation from 1993 to 2003. RAND monograph/reports presented major research findings that addressed the challenges facing the public and private sectors. They included executive summaries, technical documentation, and synthesis pieces.

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