Differentiated Case Management: How Does it Affect You?
If there’s one thing that people who have lawsuits complain about, it’s that the cases move too slow. It seemingly takes forever for a case to get to trial, or at least, to a point where the case is ready for mediation or some kind of serious settlement conference.
Well, at least in Broward and Dade Counties, the court system has heard you, and the counties now have systems to move cases along faster.
In truth, these new developments aren’t coming from any bold response to public outcry; rather, they are a result of the enormous case backlog that happened once the world reopened after the COVID pandemic shutdowns. Faced with such a backlog, counties and courts needed ways to get cases moving, quickly.
Division of Cases and Deadlines
Differentiated case management divides cases into categories, which depend on the complexity of the case and the type of case. Depending on complexity, the cases aren’t just assigned trial dates, but there are deadlines within the case that the parties must meet.
So for example, there may be a deadline for parties to take depositions, or deadlines for parties to tell each other who expert witnesses will be, or deadlines to file certain kinds of motions with the court.
Penalties for missing deadlines can be severe. For example, if a party were to miss the deadline for disclosing what experts it is using, that party could be prohibited from using any experts at all
In more complex cases, a trial may be scheduled for 18 months in the future—but for cases that have less complex matters, that deadline may be sooner. Complexity depends on how many motions may be filed, the number of parties in the lawsuit and other factors.
More Expensive? Not Really
Yes, cases will and have been moving faster. But that can make it feel like the cases are more expensive, as far as attorneys’ fees or costs. They are not more expensive—it’s just that more is getting done, quicker. Yes, that may be a short term financial burden, but in the long term, you will get to court, and have your matter resolved, that much quicker.
Not only could you get to trial quicker, but the quickened deadlines, and the specter of spending money on litigation, tends to get parties to the negotiation table quicker, helping to encourage pretrial resolutions.
No Delay Allowed
Of course, the expedited schedule can work the other way also. If you are in a position where delay is beneficial to you, or you need more time to prepare defenses or claims, you may not necessarily have that time.
It also means that you can’t afford to have an attorney who sits on your case, or who doesn’t actively pursue claims or defenses—make sure you have a lawyer that is on top of your case.
Give your legal matter the attention that it deserves. Call our Fort Lauderdale business lawyers at Sweeney Law P.A. at 954-440-3993 today.
Sources:
jud11.flcourts.org/About-the-Court/Court-Divisions/Civil/Civil-Division-Case-Management-Unit
jud11.flcourts.org/docs/1-21-08%20ESTABLISHMENT%20PROCEDURES%20FOR%20CMO%20COUNTY%20CIVIL%20AOSC%2020-23A12_CONFORMED.pdf
