We as attorneys are trained to deal with certain problems/issues and then to find a solution. Unfortunately, the members of the Supreme Court’s Advisory Committee on Expedited Civil Actions have taken a different tack. Let us be clear: There is no current trial crisis that necessitates the draconian measures suggested by the committee and requires expedited actions. Instead, this is just one more step, no matter how small it may be, to eventually do away with one of the basic tenets of our Constitution; a civil jury trial. Thirty or even 10 years ago, there may have been something of a crisis in terms of trial backlogs where it was not unusual for cases to take up to five years to reach trial. The same does not exist today because we have real discovery end dates.

Currently, very few counties experience delays of any significance, and no trial lawyer is calling for expedited litigation. In our home county of Bergen, most Track 1 and 2 cases reach trial within two years even though judicial vacancies are reaching double digits. Other counties where we practice also do not have a problem reaching parties and attorneys who are ready. In fact, in many cases, the 18 months to two years that it takes for a case to reach trial, is necessary in order to complete discovery. Attorneys do not want any cases to be delayed, but almost all of us typically exercise the right to receive an extra 60 days of discovery.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]