Page:United States Statutes at Large Volume 104 Part 6.djvu/701

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PUBLIC LAW 101-650—DEC. 1, 1990 104 STAT. 5091 "(4) an explanation of the manner in which the recommended plan complies with section 473 of this title. "(c)(1) In developing its recommendations, the advisory group of a district court shall promptly complete a thorough assessment of the state of the court's civil and criminal dockets. In performing the assessment for a district court, the advisory group shall— "(A) determine the condition of the civil and criminal dockets; "(B) identify trends in case filings and in the demands being placed on the court's resources; "(C) identify the principal causes of cost and delay in civil litigation, giving consideration to such potential causes as court procedures and the ways in which litigants and their attorneys approach and conduct litigation; and "(D) examine the extent to which costs and delays could be reduced by a better assessment of the impact of new legislation on the courts. "(2) In developing its recommendations, the advisory group of a district court shall take into account the particular needs and circumstances of the district court, litigants in such court, and the litigants' attorneys. "(3) The advisory group of a district court shall ensure that its recommended actions include significant contributions to be made by the court, the litigants, and the litigants' attorneys toward reducing cost and delay and thereby facilitating access to the courts. "(d) The chief judge of the district court shall transmit a copy of the plan implemented in accordance with subsection (a) and the report prepared in accordance with subsection (b) of this section to— "(1) the Director of the Administrative Office of the United States Courts; "(2) the judicial council of the circuit in which the district court is located; and "(3) the chief judge of each of the other United States district courts located in such circuit. "§ 473. Content of civil justice expense and delay reduction plans "(a) In formulating the provisions of its civil justice expense and delay reduction plan, each United States district court, in consultation with an advisory group appointed under section 478 of this title, shall consider and may include the following principles and guidelines of litigation management and cost and delay reduction: "(1) systematic, differential treatment of civil cases that tailors the level of individualized and case specific management to such criteria as case complexity, the amount of time reasonably needed to prepare the Case for trial, and the judicial and other resources required and avsiilable for the preparation and disposition of the case; "(2) early and ongoing control of the pretrial process through involvement of a judicisd officer in— "(A) assessing and planning the progress of a case; "(B) setting early, firm trial dates, such that the trial is scheduled to occur within eighteen months after the filing of the complaint, unless a judicial officer certifies that— "(i) the demands of the case and its complexity make such a trial date incompatible with serving the ends of justice; or