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by CPLX 4026 days ago
> Barring some outliers, the difference between lawsuits that are dragged out and ones that aren't is not a factor of 10, it's probably a factor of 1.2.

That's crazy talk. You can double the length of a lawsuit in one simple stroke just by having your attorney say "Sorry that week is bad for me can we do [date]" every time there's a continuance or adjournment. You can set return dates for any motions you initiate to the last date permitted, you can meet every filing deadline in the last hour, etc.

The legal system has many built-in safeguards and protections for all parties but guaranteeing timeliness just isn't one of them.
1 comments
mark212 4026 days ago
no, actually you can't. It is not possible in ND Cal to "set return dates for any motions you initiate to the last date permitted." That's just not how motions work in ND Cal. And responding on the last hour of every filing deadline is what everybody does all the time. That's why most deadlines are fairly short (30 days, e.g.).

The real driver of court delay is the judge, not the litigants. I've had judges routinely sit on motions (fully briefed) for 9 months in ND Cal. Then one party or the other will move for reconsideration and it's another six month delay. It's just the nature of the beast; judges in the federal system carry very heavy caseloads, particularly ND Cal.

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DannyBee 4026 days ago
"The real driver of court delay is the judge, not the litigants. I've had judges routinely sit on motions (fully briefed) for 9 months in ND Cal. Then one party or the other will move for reconsideration and it's another six month delay. It's just the nature of the beast; judges in the federal system carry very heavy caseloads, particularly ND Cal. "

This is precisely why i said why is said. Because the litigants are not often the cause/controllers of the delay, despite their best efforts :)

Now, certainly, if the judges/etc were more efficient, yeah, you could pull out a factor of 10x. But the way things are, for a simple defamation suit, i can't see you getting more than maybe a 2x factor through various tactics.

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CPLX 4026 days ago
> Then one party or the other will move for reconsideration and it's another six month delay.

Exactly. The exact vagaries of how each clerk sets calendar dates and whatnot wasn't my point. My point was that I have never seen a civil litigation forum in the U.S. where either party doesn't have half a dozen methods that can effectively double the amount of time it takes to get through the same procedure.

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