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.