![]() ![]() Much of this advice is drawn from a 2019 report from the Institute for the Advancement of the American Legal System (IAALS report), 3 which examined civil dispositive motions practice by conducting empirical research and identifying opportunities for improvement and innovation. In this article, a federal district court judge and a state district court judge share advice for attorneys navigating dispositive motions practice. But when attorneys file motions reflexively and courts do not thoughtfully manage or timely rule on them, such motions inject additional cost and delay into court systems across the country, ultimately undermining access to justice for all. Dispositive motions, when used appropriately, can save courts and litigants time and money. Motions practice-as much as discovery-plays a critical role in making the civil process more efficient and less costly, especially now that court resources are at capacity. While past civil reform efforts emphasized proportionality in discovery and early case management rule changes, discovery is only part of a civil case’s lifecycle. Simultaneously, courts are now facing a backlog of cases filed pre-pandemic while also preparing for newly filed or soon-to-be-filed lawsuits.Ĭourts, judges, and attorneys have a unique opportunity right now to seize on federal and state courts’ ability to embrace change quickly and to make the civil litigation process more efficient for all. 1 Courts continue to issue orders based on new public health information and new court operations protocols. Starting in March 2020, both federal and state courts in Colorado issued orders continuing civil and criminal trials, allowed telephone hearings and videoconferences in lieu of in-person hearings, and prioritized essential matters. Colorado’s federal and state courts continue to adapt to challenges during the COVID-19 pandemic that are rooted in preserving constitutional rights and protecting public health and safety. ![]()
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