Did the Civil Justice Reform Act of 1990 Actually Expire?

Tobias, Carl

Journal: University of Michigan Journal of Law Reform

Volume: 31

First Page: 887

Year: 1998

Bluebook Citation: 31 U. MICH. J. L. REFORM 887 (1998)

Author: Carl W. Tobias: all 166 publications


Abstract

The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJRA's gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.

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