Although one judge should supervise the litigation, he or she may request other judges to perform special duties, such as conducting settlement discus- sions see section Moreover, in the course of consolidated or coordi- nated pretrial proceedings, severable claims or cases may appear that could be assigned to other judges.
Complex litigation frequently involves two or more separate but related cases. All pending related cases or cases that may later be filed in the same court, whether or not in the same division, should be assigned at least initially to the same judge. Pretrial proceedings in these cases should be coordinated or consolidated under Federal Rule of Civil Procedure 42 aeven if the cases are filed in more than one division of the court.
Sometimes related cases are identified on the face of the complaint. The judge to whom the complex litigation has been assigned should also ask whether related cases are pending in that district. Assignment of related criminal and civil cases to a single judge will im- prove efficiency and coordination, especially when the cases are pending at the same time.
Other factors, however, may suggest that the cases be handled by different judges—for example, extensive judicial supervision of pretrial pro- ceedings in the civil litigation may be needed while the criminal trial is being conducted.
See generally section Consolidation may be possible even when related cases are filed in differ- ent courts.
Other courts can transfer cases under 28 U. See section State court cases may be removed to fed- Under 28 U. See, e. Turtur, F. Armco Steel Corp. Wadel, F. United States, F.
If personal jurisdiction and venue do not lie in the transferee forum, transfer is improper even if plaintiffs consent. Hoffman v. Blaski, U. When transfer of all cases to a single court for centralized management is not possible the affected courts can still use informal means to coordinate pro- ceedings to the extent practicable.
Coordination methods include arrange- ments made by counsel, communications between judges, joint pretrial confer- ences and hearings at which all involved judges preside, and parallel orders.
Section The judge anticipates problems before they arise rather than waiting passively for counsel to present them. Because the attorneys may become immersed in the details of the case, innovation and crea- tivity in formulating a litigation plan frequently will depend on the judge.
The judge becomes familiar at an early stage with the substantive issues in order to make informed rulings on issue defini- tion and narrowing, and on related matters, such as scheduling, bifur- cation and consolidation, and discovery control.
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The judge decides disputes promptly, particularly those that may substantially affect the course or scope of further proceed- ings. Delayed rulings may be costly and burdensome for litigants and will often delay other litigation events. The parties may prefer that a ruling be timely rather than perfect.
The judge periodically monitors the progress of the litigation to see that schedules are being followed and to consider nec- essary modifications of the litigation plan. Interim reports may be or- dered between scheduled conferences. Time limits and other controls and requirements are not imposed arbitrarily or without considering the views of counsel, See 28 U.
Once established, however, schedules are met, and, when necessary, appropriate sanctions are im- posed see section Although elements and details of the plan will vary with the circumstances of the particular case, each plan must include an appropriate schedule for bringing the case to reso- lution.
Case-management plans ordinarily prescribe a series of procedural steps with firm dates to give direction and order to the case as it progresses through pretrial proceedings to summary disposition or trial.
In some cases, the court can establish an overall plan for the conduct of the litigation at the outset; in others, the plan must be developed and refined in successive stages. It is better to err on the side of overinclusiveness initially and subsequently mod- ify plan components that prove impractical than to omit critical elements.
Nevertheless, in litigation involving experienced attorneys working coopera- tively, a firm but realistic trial date may suffice if coupled with immediate ac- cess to the court for disputes that counsel cannot resolve.
The attorneys—who will be more familiar than the judge with the facts and issues in the case—should play a significant part in developing the litiga- tion plan and should have primary responsibility for its execution. Court su- pervision and control should recognize the burdens placed on counsel by complex litigation and should foster mutual respect and cooperation between the court and the attorneys and among the attorneys.mcl4 - Ebook download as PDF File .pdf), Text File .txt) or read book online.
Failure to timely make required disclosures or production, and its success depends on establishing effective communication and coordination among counsel and between counsel and the court (see section ). heartfail//heart failure soc of america membership heartland dental care co ad kyocera co ad la montmed//la mont med sys/new us sub hdquarter total pain solutions company ad total practice success totrenal/d//total renal care now davita touchpoint support services company ad tower general contractors company ad.
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