1990 Court Reform Act Failing, Study Finds

The 1990 Civil Justice Reform Act, a large-scale experiment aimed at cutting costs and delays in the federal courts, has failed to have much effect on either problem, according to a five-year study released Wednesday by Rand’s Civil Justice Institute.

Rand researchers concluded that the reform act’s pilot project in 10 cities around the country--including San Diego--has had little effect on the time it takes to dispose of cases, litigation costs or litigants’ views of the fairness of the judicial process.

Nonetheless, the Rand study team recommends a package of procedures--including early case management by the judge, early setting of a trial date and a shorter period for pretrial discovery--that it thinks could reduce by 30% the time it takes to conclude a case.

The study adds a further caution that swifter dispositions won’t necessarily cut costs. “Litigation costs are primarily driven by factors, such as a case’s complexity and stakes, that lie outside the court,” said lead researcher James S. Kakalik.