A Rules suggestion

Philip Thomas Blog referred to my recent discussions on the Rules.  I thought no one was paying any attention. While I’ve been campaigning, I’ve found that most lawyers realize that there is a problem with our Rules.  First, there are too many.  Second, they have too many pages. And, third, there are times you think no one ever considers how the Rules may interact.

Philip talked about a “shot clock” on judicial opinion.  At the COA, we have a 270 day rule.  I don’t see the problem with having a time expectation on judicial opinions.

Certainly, with motion hearings, if the judge doesn’t rule on the motions in so many days, the Rules should say that the motion is either deemed denied or the movant must reschedule the hearing.  One of the problems with this is that there are many motions that should be granted or denied without a hearing.  Hearings can often be a big waste of time.

3 thoughts on “A Rules suggestion

  1. Rule 78 allows courts to decide motions without an oral hearing – by court order or rule. First Circuit District and County Court of Desoto County have adopted rules approved by Supreme Court to do this. More and more courts are doing this by court order on a case by case basis. This is greatly helping with the expense and speed of the judicial system. (Federal courts have been deciding motions without oral hearings for decades.)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s