Abstract

The California Judicial Council initiated its Complex Civil Litigation Pilot Program to address concerns raised by business litigants about the time and expense needed to resolve complex cases, the consistency of decision making, and perceptions that the substantive law governing commercial transactions was becoming increasingly incoherent. Two issues in particular were highlighted as problematic. The first was the use of a master calendar system that diffused judicial decision making and accountability for efficient case management. The second was excessive reliance on, and insufficient judicial oversight of, referees and special masters appointed to manage complex litigation.

In a three-year evaluation of the California program, the National Center for State Courts (NCSC) used the program objectives to set the framework for its evaluation. Using direct observation of program operations, interviews with judges and lawyers, and analysis of key characteristics of cases assigned to the pilot program, NCSC tried to determine whether, and how well, the pilot program addressed the major concerns associated with complex litigation management. The NCSC study showed substantial improvement on most measures and pro-vided guidance for the future direction of this program. This article outlines the study's findings.

This abstract has been taken from the body of the article.

Document Type

Article

Publication Information

3 Civil Action (Winter 2004)

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