Introduction
The body responsible for setting out standards and rules that determine how a case or lawsuit may be commenced is referred to as the Civil Procedure Rule. The litigation process comprises presentation of the problem, research, fact gathering/interviewing, pleadings, discovery, motion practice and trial (BU, 2000). Since the introduction of the Wolf reforms in April 1999, radical changes have been implemented on the litigation system. The reform is aimed at reducing the cost and speeding up the cases in court. The civil process still undergoes fundamental changes. This paper discusses the changes in the civil procedure and the specific difficulties that existed prior to the changes.
Changes in the Civil Process
One of the major changes was in the discovery process. The discovery process entails the initial disclosers, the notices of depositions and the discovery motions. Changes were made on it to make it easier for courts and litigating parties to administer electronic records of all types. It involved a complete rewriting under the leadership of a committee. This was aimed at making this process easier to understand.
In the traditional pleading rules, the person bringing the trespass had to use certain terms in the complain failure to which the court would dismiss the case. A legal construction was put in place. It was referred to as the notice pleading where the plaintiff will not face dismissal for failure to use the terms.
The past process was so slow and costly. For example, a court case where a company pursues $15.8 claim through the system, it took the company 8 years to get to the trial, the trial stage took 4 months and the company recovered only $8. The legal fees were high, the time was long and the overall benefit could not match the cost incurred. This was due to poor goals in the initial stages of the case. Planning procedures have been put in place to reduce cost and time. The reforms indicated that all parties must meet and consult so that they narrow down issues and avoid using a lot of time on the same case. This is called “Time Consumption Process”.
In Post Judgment Motion changes, motions are due 10 days after judgment is entered. The time period could not be extended in the past system. There is also the deadline for e-records and other forms to be implemented while filing these forms. It states that e-filing will be timely until midnight. The general briefs on the appeals are considered even if they are mailed (Shawn, 2004). The changes in district court states that a casual rule could be applied to address situations in which the courts would like to amend its preceding judgment cases. It fully permits courts to enter into indicative rulings when a court cannot make a jurisdiction for a case.
Due dates are determined by counting forward from an event (Gambitta, 1981 pp. 141-165). A party had to count backwards. This was done 10 days before trial, 7 days before argument. Reforms now allow for ambiguity to account for weekends and holidays. The parties in the court case should count backwards for them to arrive at the due date.
The major hindrance was the autocratic systems. Ronald and Gary (1994) points out those changes in the civil process had to be initiated by the elected officials. They determined the state of the economic, politics and institutional changes. Despite calls for the reforms, they were reluctant on the changes.
Conclusion
These changes have been affected majorly with the aim of reducing the time spent for a single case to go through the legal system. These amendments have created a positive impact on time and cost.
References
BU, 2000. The Litigation Process. Web.
Bureaucracy: The Economics and Politics of Institutional Change. Chicago: University of Chicago.
Gambitta, R. 1981. Litigation, Judicial Deference, and Policy Change. Law & Policy, 3(1), p. 141–165. Homeland Security, Global Headquarters. Speen Street: Framingham.
Ronald, N. and Gary, D. 1994.The Federal Civil Service System And The Problem Of
Shawn, P. 2004. First Responders and Beyond: How Data Integration Enables