Deciphering How Long Pending Court Cases Can Take

Elements Influencing the Lifecycle of a Case

Factors Influencing Court Pending Times
In addition to case load and jurisdiction, other factors contribute to the pendency of a court case. Those include the complexity of the matter, court practice and procedure, defendant’s responsiveness, legal maneuvering, and needs of parties involved. For example, if there is a need for extensive discovery, a case is likely to remain pending longer than a simple small claims matter. If a case is complex, involving millions of documents spanning millions of pages and years of fact finding, it’s going to take a long time before the trial date arrives. The schedule of the judge assigned to a particular case will also determine how long a case remains pending. A judge may have more cases and less time to hear a case, in which instance the length of pendency will increase. Usually this length depends on the physical structure of the courthouse and how many judges are assigned to that court. An understaffed courthouse will vastly slow down the civil justice process. Additionally, if the Supreme Court or Court of Appeals issues a decision, then litigants and their attorneys must return to the trial level and re-litigate matters that the higher court has decided upon, slowing down the process even more . The length of a case can also be attributed to the delay in trial scheduling by the trial judge. A major source of delay can be caused by those who have the ability to prolong a case. Defendants are entitled to file motions and oftentimes litigants who are being sued for money damages will file motions to dismiss the lawsuit. Those motions will then be responded to by the plaintiff, and replies will then be filed by the defendants. Many courts permit one or two additional responses and replies, and so on. Judges typically allow all of this motion practice depending on the jurisdiction, but can deny responses and sur-responses, further minimizing delay. Criminal defendants are sometimes able to delay criminal sentences if they believe an appeal on their sentence will be successful. Since about 90-95% of all criminal appeals are successful, considering the defendant’s sentence might be overturned, the defendants can delay or even derail their sentence entirely, if they are able to prevail in their appeal.

Approximate Durations for Various Types of Cases

Resolving a court case is a complicated process, and as such, the length of time spent in court can vary significantly from one case to another depending on the nature of the dispute and the legal action involved.
Criminal Cases
In general, a criminal case may be the shortest type of case you’re likely to see. Though individual cases can still be complex and drawn out, there are strict timelines in place for processing a criminal case. Troopers and deputies investigate criminal offenses, then submit them to the State’s Attorney’s Office. The prosecutor must act on a case within nine months of a police officer taking action for a crime. If prosecutors have not resolved the matter by that time, the court aims to set the case for trial in three further months.
Civil Cases
As is generally the case with less serious matters, civil cases tend to be longer than criminal cases. The only requirement for setting a civil case for trial is that you give the court 90 days notice of your motion’s hearing date. While some civil matters can be resolved in relatively short order, the court puts no limit on how long it can take to resolve more complicated civil cases.
Divorce Cases
Divorce – as you might expect – is complicated. A case with a lot of property or child custody issues can take several years to resolve. The average duration for a divorce case in Baltimore County is approximately three and a half years. An uncontested divorce, meanwhile, can take as little as six months if both parties agree on asset distribution, child custody and related issues.

How Jurisdiction Affects Case Lifespan

The jurisdiction or location of the court in which a suit is pending can significantly influence the duration. For example, when the suit is between Chicago parties and is filed in Cook County, the vast majority of cases are assigned to the Law Division, as opposed to the Chancery Division or Domestic Relations Division.
Within the Law Division, cases are assigned to one of seven municipal districts. The parties may be able to transfer the case to a more convenient venue within Cook County or, at least, to obtain a stay of almost all substantive discovery while the venue transfer motion is pending. Whether such a transfer or stay will occur depends on the nature of the claims and the experience and inclinations of the presiding judge. In other words, the composition of the court with jurisdiction over the case will influence how the case proceeds, and whether a particular judge’s inclinations may aid in settling the case.
Illinois judges generally value the activities of their court personnel. Thus, the reputation of the clerk of the court and of the courtroom deputies may affect the speed with which a case proceeds, including the length of the subject matter expert process.
In contrast, cases between Chicago parties pending in federal district court are assigned to a particular judge, who may be less inclined than certain state judges to prioritize the expedient of a case. Federal judges may pay less attention to courtroom clerks and staff, and it may take longer than anticipated to schedule hearings.

Procedural Delays and Their Triggering Factors

One of the least satisfying aspects of a court case for clients is the time it takes. Even if the clients are not interested in the ultimate outcome of the case so much as the amount of money in the client’s pocket at the end of the day, there are numerous points along the way that the duration of a case may be extended beyond what is expected. There are three common procedural delays in a court case. Up front, the most time-consuming element of a case is generally written discovery and depositions. Depending on the issues and the complexity of the case, too many written discovery requests can push the time for a court case into its third year or beyond. The limits on discovery in a case are governed by New Jersey Court Rule 4:10-2. The general rule is that each side is permitted 25 Interrogatories, 10 Document Requests, and 15 Requests for Admissions. Motions are not included in these categories. It is possible to obtain permission from the Court to exceed these numbers; however, it is incumbent on the party seeking the additional discovery to demonstrate the necessity for the discovery and the specific reasons why the Court should grant permission to exceed the limits set under the Court Rules. Even in a complex case, document requests, interrogatories and the review of the documents provided by an adversary must be carefully considered to avoid excessive discovery requests. A common document request is "All documents concerning any communications between the defendant and in-house counsel and outside counsel" or some variation thereof. These requests are objectionable because 1) you could (and usually do) fill the garage of a 1,750 square foot home, allowing for an average of 100 pages per cubic foot, with documents responsive to this request; and 2) they are too broad to comprehend the purpose of the request because they have no limit as to the subject matter or time frame for the request. Depositions can also cause delays in a case. As stated above, the time between the filing of a complaint and the completion of discovery is usually about a year. If one party wants to take 30 depositions in a case, then the time before the end of discovery greatly increases; however, the number of depositions in a case is very high. While 30 witnesses to a case are not uncommon in an environmental case, it is recommended that the number of depositions and the time allotment per deposition be discussed with the Court during an early conference colloquy, as the Court can set limits on the number of depositions and time requirements for the depositions. Depositions are nearly always time-consuming because parties are combative, uncooperative and unresponsive. Each deposition needs to be videotaped and/or a transcript of the deposition ensues. Many times the testimony of a witness is incomplete because the witness may not have the necessary information and fails or refuses to look it up. We have experienced it all – from high level executives appearing unprepared and unqualified to speak on relevant issues to custodians indifferent to their roles in the action and unable to articulate their recollections; or attorneys unprepared for the depositions and unable to adequately prepare their witnesses and, ultimately, missing key points in cross examination. It is also not uncommon for a party to file a motion to amend their pleadings. This requires a letter motion and opposition to the motion; and, while there may be some requirements for prior Court approval, obtaining a ruling in New Jersey usually results in a lengthy delay in the action. While the Judge will usually agree to the amendments during a conference, you still need to prepare an Order granting the motion and send that Order to Chambers for signature. While not a uniquely New Jersey requirement, the time period between the filing of a dispositive motion and the oral argument of the motion can also delay the ultimate resolution of a case. Once again, while oral argument of a motion is a matter of right under the New Jersey Court Rules, the waiting period can be as long as six months or longer, depending on the case and Court.

Importance of having Legal Representation

A significant factor in the duration of pending court cases is the efficiency and strategy of your legal representation. A seasoned attorney will be familiar with the courts, the issues and to the extent you have to go to trial, the judges. I have been litigating since 1997, and have handled a trial in almost every county in the Chicago metropolitan area. I am familiar with every judge in Cook County, Lake County, Du Page County and Will County. I have handled trials in De Kalb County, Kane County, Kendall County, Lake County, McHenry County, and beyond. Ultimately, each judge has his or her own preferences, but there is consistency within each court.
The bottom line is that if your attorney makes a 90-day case into a 6 month or year-long case, you are paying the price literally and figuratively. I often say that the case either settles or goes to trial. If the case settles in 90 days, so be it. You have your result. If the case goes to trial, then you have delayed the ultimate resolution, but perhaps not that much and possibly to your benefit.
I only know one lawyer that camps out at the courthouse and does not care if the case settles. I don’t think it is good for clients and it is not what I or most other lawyers do.
"People often say to me that they wish the case would be over. My answer is that if it is not over , it means we haven’t gotten the job done yet. So, many times I have people ask me why their case has lingered longer than they want. It is not because of me. It is because they didn’t want to do what needed to be done, or it was in their best interest to settle but they wouldn’t, or the other party wouldn’t settle for what they were willing to pay. The point is that even the best attorney cannot control how long a case will last, especially if it is complicated or the parties are not willing to cooperate."
Cases don’t linger because lawyers are not doing their jobs. Your lawyer can’t make someone settle, but I can’t tell you how many times a client has said to me "if I had known the case was going to last this long I would have settled sooner" or "you said it would settle." Well, if I said it, I meant it, and when people don’t do what you told them to do, the case cannot settle. If you don’t know the case is going to settle or not, you should probably change lawyers.

Strategies for Case Management to Minimize Duration

Courts often implement a range of case management techniques to reduce the time cases remain pending. These techniques may include the use of fast-track procedures, summarily disposing of cases that are not compatible with their purposes, informal mediation, alternative dispute resolution ("ADR"), and specialized courts.
In a fast-track procedure, the court may place the case on a compressed schedule starting at the initial, pre-complaint stage so that the matter can be placed on the trial calendar relatively quickly. This procedure is in some ways the opposite of the "settle or trial" calendar where all parties must report to court with settlement and trial options for the same date. The case may be assigned a special master with the goal of early resolution. The early assignment of the case or appointment of a special master may provide leverage to the defendant, which could lead to an early resolution of the case on a more favorable basis for the defendant as time becomes of the essence.
The use of case management techniques such as the fast-track procedure has allowed courts to better manage their caseload and reduce the time to disposition for many of these cases. One downside is that the cases that work their way through the fast-track procedure may be the most straightforward ones, while more complex cases may remain pending for longer periods. Furthermore, depending on the amount of time allotted for the fast-track procedure, there may be insufficient time to sufficiently prepare for trial of the matter, as the time allotted might not be sufficient to get through discovery or otherwise prepare the case for trial.
In addition to fast-track procedures, many courts employ ADR to facilitate settlement of cases that are otherwise appropriately disposed of without the need for a trial. ADR options include arbitration, mediation, neutral evaluation, early neutral evaluation, and other similar conciliation approaches. For the most part, courts seek to employ ADR in non-civil jury matters to reduce their caseloads, thereby expediting cases. Many courts have initially requested or required that the parties participate in three-way settlement conferences. Where the cases are set in the Superior Court before a discovery end date, the citizen may become concerned about the participation of court staff in the ADR processes, as the confidential nature of such proceedings may be compromised if court staff develops a familiarity with the parties involved. As an alternative, some courts offer a list of neutral mediators from which counsel may choose.
Most courts maintain a Since January 1, 1999, standard list of neutrals who meet their criteria for training, experience and background checks. Court-annexed ADR is typically voluntary and non-binding. Courts remain generally reluctant to sanction attorneys for failure to participate in the mediation process. The big advantage of ADR is that it allows for amicable resolution of claims, reduces costs, and generally speeds up the process.
Specialized calendars, such as drug courts (to enable early intervention and comprehensive management of alcohol and other drug dependence), domestic violence courts (adjudication of domestic violence matters and referral of cases to community resources), mental illness courts (for adjudication of mental competency matters), business courts (disposition of complex corporate-related commercial disputes), environmental and natural resource courts, gun courts and tractor-trailer courts (where special issues arise), may provide a more expedited means for dealing with these types of cases.
Other courts have imposed what is termed the "settle or trial calendar." Settlement/trial day courts have been imposed in cases where a judge or magistrate schedules multiple cases for the same time on the same day. While on the surface, this may appear to be a good way to handle a large number of short matters, the procedure has often led to larger backlogs and increased time to resolve some cases, as many counsel are not yet prepared to settle or go to trial on any specific day and would prefer a longer lead-time to prepare for a settlement/trial day. For that reason, many lawyers, judges and judicial personnel have been reluctant to embrace the procedure.
Courts have also been considering case management techniques such as automated case management systems, calendars, and other software tools to expedite the disposition of cases. Electronic filing systems and other related systems may improve the speed and administration of the civil justice system.

Drawbacks of Extended Cases

Parties involved in a court case may experience a variety of consequences from an unnecessarily prolonged case. Whether the proceedings are delayed due to slow-moving courts, or tactics by the opposing party, trials that drag on can wreak havoc on the parties, their finances, children and any other aspect of their life that is involved in the dispute.
The financial consequences of a prolonged case can be staggering. Attorneys and experts get paid by the hour. If the case takes twice as long, the attorneys and experts are paid twice as much, for instance. When a case drags on, attorneys’ fees often reach five figures. For example, a couple may spend $100,000.00 on discovery alone (which is the exchange of information during the litigation) just because it takes eight months instead of three months for all of the discovery to occur. This does not even include the cost of the trial. When having trial preparation and trial take as long as six weeks (which is not unusual), the costs of trial could potentially add up to $100,000.00 or more.
The emotional consequences of an unnecessarily prolonged case can be quantified by the effect it has on the parties’ relationships with their loved ones or, even better, their children. If the parties can barely stand to look at each other (due to the contentiousness of the proceedings), then they cannot possibly model a healthy relationship to their children. Not only is this bad for any children involved, but it can also make litigation more difficult. Fighting over a child is hard enough as it is – fighting over a child when both parties are looking to each other for an example of how to relate to the child (and to each other) is the certainly the worst possible scenario.
The legal consequences of a prolonged case can be quite serious. If a case drags on too long , issues may mature, and/or become irrelevant. For instance, if a divorce case drags on for years, the parties may no longer be able to afford to pay alimony. By the time they finally settle the case or have a trial, the Court may find there is no basis to award alimony.
Even worse, a protracted case can lead to both parties’ attorneys running afoul of the American Bar Association’s Model Rules of Professional Conduct. This rule states: Rule 1.3 Diligence – A lawyer shall act with reasonable diligence and promptness in representing a client. Comment 1 to this rule further states: [1] "The purpose of [Rule 1.3] is to prevent ‘dilatory tactics and procrastination’ by a lawyer." The ABA commented on this rule by recognizing that "[a] lawyer’s workload and other professional obligations may impair the lawyer’s ability to handle matters for a client. Routine scheduling difficulties and ordinary work load, however, do not ordinarily constitute good cause for a lawyer’s failure to pursue a matter on behalf of a client."
This language makes it clear that protracting a matter simply because one’s "workload and other professional obligations may impair the lawyer’s ability to handle matters for a client" does not excuse it. Violating this rule can, for instance, result in disciplinary action by the bar association, or a civil lawsuit.
Despite the fact that the consequences of a prolonged court case can be devastating, many cases still drag on unnecessarily. This is, in part, due to the failure of both parties to hear the good advice of their attorneys. Oftentimes, people focus so intently on the fight, that they actually lose sight of what they are fighting about.