Some Factors That Can Alter a Court Case’s Duration

Case Management Practices – The Role of the Court in Case Duration
Court cases can vary in duration from less than a year to several back-slapping decades. Several factors — some on the "administrative/economic" side, some on the more "substantive" side- can dictate the length of time it takes each court to manage its caseload. The type of case and the court in which it is heard, among other things, dictate how long it takes the court to hear, complete and/or dispose of a case.
State and Federal Courts
In the United States, two distinct judicial systems exist on the federal and the state level. Both possess their own unique rules and processes and are independent of each other as the name and jurisdictional designations imply. However, while they possess many similarities, a few notable distinctions set the two apart. For example, the jurisdictional reach of the federal court system is far greater than that of the individual states. Federal courts, which are part of the Judiciary Act of 1789, can preside over an entire host of cases. Diversity of citizenship, however, must involve at least $75,000 to start. The State courts, conversely, are known as courts of general jurisdiction, which means their jurisdiction is pretty much unlimited. Furthermore, the federal courts are governed by the Federal Rules of Civil Procedure while each state is free to set its own procedural standards.
The "Relatively Brief" and the "Utterly Elongated"
As discussed above, many factors influence the amount of time it takes a case to move through the court system. Many are common to both civil and criminal cases. Speedy trials are a constant throughout the system. For example, the Supreme Court has four rules that affect the duration of a case. Rule 12 mandates that each case be placed on the docket for submission within 60 days after the record has been filed or after oral argument. The Court’s consent is required if time limits cannot be met. Rule 30 specifically addresses the number of words allowed in written briefs. These justices are ferocious sticklers for brevity and concision. In the Federal Rules of Criminal Procedure , speedy trial rights affect the amount of time necessary to dispose of criminal cases. Similar Rules of Criminal Procedure are also followed in the State courts. The "to give notice to whichever court you are citing" rule is inflexible for civil litigants and there are equally harsh penalties for the prosecution of criminal defendants who violate the speedy trial provisions, especially in the Third Circuit. Described as a "preventative" mechanism to protect criminal defendants against unnecessary or arbitrary delay, the failure to comply with the rule can lead to the dismissal of charges even if the defendant is accused of capital offenses. Clearly, the economic variables permeate the Court at all levels and are the bottom-line motivation for expeditiously moving a case through the system.
Even though these factors might hasten the time frame of a case, many dockets, both in civil and criminal cases, are flooded with cases, in part, because of the complexities of the issues involved. Indeed, many judges have been accused of having "worded" opinions that span 200 pages or more relying on readily available information and research, rather than on information custom-tailored to their particular cases. Even though these opinions are written in part to justify the judicial process, the result is the same: the duration of the democratic process has become self-serving and slow. Many cases have been decided summarily "on-the-brief". Such brevity, on the other hand has become somewhat uncommon. Indeed, these decisions are rare. The typical case, civil or criminal, is argued orally, usually by engaged parties with extensive knowledge of their particular issues. Nevertheless, as non-complex cases that might be resolved before the courts are growing ever rarer, the factors above constantly impede the duration of a court case.

Common Timelines for Various Types of Cases

Different types of cases, by their nature, typically require different completion timelines. Civil cases, as a general rule, typically take the longest, followed by criminal cases, family cases, and small claims cases.
Civil Cases
Many civil lawsuits can reasonably be expected to take one to two years from start to finish. However, that estimate is heavily contingent on whether the case proceeds to trial. Cases that reach trial frequently take two years or longer from the date of filing to the entry of judgment. On the other hand, cases that are settled before trial often can conclude in less than a year.
Criminal Cases
Criminal cases typically take between six months and two years to resolve, depending on the complexity of the case, the charges involved, and whether the defendant chooses to go to trial. Felony cases usually take longer than misdemeanors cases to resolve, as do cases involving multiple defendants.
Family Cases
Family law cases, such as divorce and child custody, also vary in duration. Most divorces that do not involve issues requiring extensive litigation, such as complex property division or child custody disputes, are resolved in one to two years. Cases that involve complex issues requiring more court involvement can take significantly longer.
Small Claims Cases
Small claims cases are usually resolved the quickest. A small claims case is typically resolved within a few months of filing, although some variation exists due to the need for notice to be provided to interested parties.

The Pre-Trial Process: Duration and Preparation

Upon the initiation of a court case, through a lawsuit or divorce proceeding, attorneys will be required to prepare the matter for pre-trial litigation. This includes a number of steps, such as drafting pleadings, i.e. the complaint and answer, conducting discovery, preparing and filing motions with the court, and attending hearings.
Each step, from beginning to end and especially when you combine them as one collective "pre-trial litigation," can take a significant amount of time. From my experience, pre-trial litigation generally involves at least six months of work. However, certain cases may also take years to reach a pre-trial disposition. This is generally due to the simple fact that the parties are not in agreement over key aspects of the case and litigation is unavoidable.
Other times, a case can be resolved comparatively quickly, i.e. if both sides are in agreement about the issues involved (the real estate needs to be sold, or they can agree on the value of the assets) and there is little litigation involved in preparing the case for trial.
The discovery process involves a number of tasks. These include sending out and responding to discovery requests, taking depositions, and reviewing documents produced by the opposing side. Depending on the complexity of the issues involved, i.e. the number of issues in the case, the amount of discovery can quickly become cumbersome.
It is essential to note, however, that any discovery request must be relevant to the case and appropriate under the circumstances. For example, a blanket request forbidding all parties from having cell phones at trial would be wholly inappropriate, mostly because the request is not targeted enough to satisfy the rules of civil procedure. In this example, there are no grounds prohibiting the parties from having cell phones; thus, the request would be denied by the court as mere harassment. On the other hand, a request requesting all cell phone texts between the parties is more targeted towards the claim that the defendant threatened the plaintiff via text message.
After discovery has closed, the next phase of pre-trial litigation is litigation involving pending motions before the court. A motion is a request for a ruling or order made by a party of the court. Motions are an extremely important aspect of civil litigation, as they are often used to encourage the court to rule on certain issues in the case. For example, parties may file motions seeking to compel discovery responses by the other party, order production of documents, or requesting that the court order that it LOCATE an asset owned by the other party.
In some instances, the motions are out of control and can result in over 100 or more motions being filed by the parties related to the single issue in the court case. In this type of litigation, the pre-trial phase can last for two (2) years or more, if both parties are diligent. Again, that is not the norm.
If the parties deem certain information or evidence prejudicial to their case and request the court to bar the introduction of said evidence at trial, the parties may file a motion in limine. Such a motion is an evidentiary motion filed prior to the submission of evidence to a jury or judge. Whenever possible, motions should be made prior to the start of a jury trial.
Parties also oftentimes request the leave of court to short discovery efforts and expedite the return of the case. What does that mean exactly? Essentially, that the parties have exhausted their discovery options and they want to set the matter down for trial in order to expedite the case. The parties do not always attempt to bypass or circumvent proper discovery efforts of the opposing side – rather, the parties may simply want the trial to be over so they can tend to other responsibilities. Without an expedited trial date, the parties may resort to other means to obtaining an expedite trial date, such as seeking recusal of the judge based on a variety of reasons.

How Long Does a Trial Take? Possible Delays

Trials can be as short as a few hours or as long as several years – and determining just how long a particular court case will take is difficult, at best. A variety of factors can affect the duration, most of which are not in the control of the parties to a case. For instance, court calendars are full, and even when a party to a case has filed a motion asking for a hearing, the case may not be resolved at that hearing because there is not sufficient time on the court’s schedule.
There are often delays in criminal cases before a guilty plea is entered and at later stages. For instance, defense counsel seldom will file a motion for a speedy trial request – even though a defendant has a right to a speedy trial – because most defendants are in custody. The strategy is to keep the defendant for as long as possible in jail, so everyone will see the strength of the case against him.
There are also many pre-trial issues that have to be resolved before a case gets to trial. In some cases, parties to a lawsuit will attend a mediation. Not all lawsuits are ready for mediation. Sometimes, mediation is called prematurely or there are too many issues to resolve quickly. It’s often thought that parties will mediate closer to trial date than at the beginning.
Some judges can only hear a certain number of trials a year. One Superior Court case where I represented a plaintiff took two years from the filing of the complaint to the end of the trial. Another, in which I represented a defendant against a claim of wrongful termination , took nine years for trial. Yet the trial itself lasted just three days and resulted in a defense verdict. The Ninth Circuit Court of Appeals requires that cases be heard and decided within 12 months of oral argument, but many cases exceed that time limit.
There are other factors that can cause a delay, including availability of witnesses, unavailability of one of the parties, and the time needed by any party’s attorney.
Another factor that can cause a delay is related to the discovery process. In the scenario where the defendant is sued for an incident, the defense attorney will inform the client that discovery is going to be very expensive – sometimes exceeding the value of the case – and that the case could end up in trial. Sometimes clients will do whatever it takes to avoid trial, such as a settlement. Sometimes a client will do what it takes to go to trial, including discovery. In the latter event, the defense attorney must be prepared for a trial finding in favor of the plaintiff.
In some cases, there will be procedural problems that can result in a motion for summary judgment. The court then is required to look at every conceivable angle for the incoming evidence. If it is found that there is a discrepancy, the case may be tossed into a whole new realm of legal argument.
It can be very difficult to give your clients a good-faith estimate of the time it will take their case to complete, because of the variability of factors that affect duration.

Post-Trial Issues: Judgments and Appeals

After a verdict is reached and a judgment rendered in a court case, the case is far from over. There are a number of post-trial procedures – some of which can go on for months or even years afterward – that can add more time to a particular case.
In some cases, a party may lose at trial and wish to appeal the jury’s verdict. Generally, the party must file a notice of appeal within 30 days after the judgment is entered — the length may vary depending on state law. It is extremely important to file the notice of appeal in a timely manner, as it is almost impossible to appeal a case that has already passed its statute of limitations. If you do decide to appeal the case, a different set of procedural rules comes into play, often extending the length of the legal process even further. An appellant must file an opening brief, then the opposing party files a response, and the appellant can file a reply to the response. After all briefs have been filed, the appellate court will then hear oral arguments, and the judges hearing the case will deliver their ruling — this can happen anywhere from 30 to 120 days after the arguments. The judge may enter an amended final judgment after the judgment. In some cases, the losing party can file a motion for a new trial. If this motion is granted, the new trial can take many months as well. Essentially, the post-trial stage can drastically change the timeline of a case. The various procedures and additional processes can tack on months or even years to the life of the case. It is vital to work with your attorney to understand the exact purpose and effect of these stages in order to make optimal decisions for your case.

Speeding Up the Court Case Process

In some cases, both plaintiffs and defendants may have reasons for wanting to expedite the court process. While the law requires courts to allow sufficient time for justice to develop, it also allows either or both parties to request a quicker disposition. This right tends to be flexible, but there are guidelines that most courts will apply.
As explained above, courts generally have broad latitude regarding time. Issues that courts may consider in deciding on a request for accelerated time include: When opposing counsel is amenable, the case can usually be moved along more quickly . If opposing counsel is not amenable, counsel are required to engage in "good faith" attempts to expedite the litigation. In the event that a delay of the litigation would likely result in the disclosure of evidence that otherwise would be excluded as irrelevant, courts also may agree to shorten time.
There are legal mechanisms available to both plaintiffs and defendants that can help you to reduce the length of your court case. Plaintiffs, especially, may find that the following steps can shorten the case duration: As there are many potential avenues that you may pursue to accelerate the court case process, consult your attorney for creative solutions to your particular situation.