CIRCUIT COURT CLERKS’ MANUAL - CIVIL CASEFLOW MANAGEMENT PAGE 3-1 Chapter 3 - Caseflow Management Docket Call Civil Docket Call is a method used to call pending civil cases for the purpose of setting trial dates. Note: Not all courts may conduct a civil docket call. In some courts, cases are set by praecipe or pretrial scheduling orders. Civil Docket Call is often referred to as “term day.” Virginia Code § 17.1-517 provides that the chief judge of each circuit shall specify, through a court order, the terms of court for each court within his/her circuit. A “term of court” is the period of time during which the circuit court is in session. Terms may vary in length among courts, but no court may have less than four terms of court each year. Any change in the terms of court is to be reported by the chief judge of the circuit to the Office of the Executive Secretary by January 1 of each year. Va. Code § 17.1-517. Civil and Criminal Terms are often combined, however several courts have set terms for civil cases and separate terms for criminal cases. Some examples of civil terms throughout the Commonwealth are: • “First Monday in March, June and December and Third Monday in September”; • “Third Wednesday in each month except August”; • “Third Wednesday in February, April, June, August, October and December”; • “First Tuesday in each month” Again, “Term day” refers to the day on which a term of court commences. The times for commencement of terms for each circuit court are set out in Rule 1:15. Term day is also the day on which the docket of pending cases is usually called. Docket Preparation Virginia Code § 8.01-331 states that “when any civil action is commenced in a circuit court, or any such action is removed to such court and the required writ tax and fees thereon paid, the clerk shall enter the same in the civil docket.” Note: Effective July 1, 2007, removals from general district court to circuit court were eliminated. These dockets may be either (i) a substantial, well-bound loose-leaf book, (ii) a visible card index or (iii) automated data processing media such as the Supreme Court Case Management System. The form of a civil docket may vary. However, each case that is entered on the civil docket must contain the following: Office of the Executive Secretary Department of Judicial Services Rev: 7/20 CIRCUIT COURT CLERKS’ MANUAL - CIVIL CASEFLOW MANAGEMENT PAGE 3-2 • The short style of the suit or action; • The names of the attorneys; • The nature of the suit or action; and • The date filed and case file number. In addition the docket may contain the following information applicable in an individual case as deemed appropriate: • The names of the parties; • The date of the issuance of process; • A memorandum of the service of process; • A memorandum of the orders and proceedings in the case; and • The hearing date(s) and type(s) of hearing(s) conducted on such date(s). Cases appealed from the juvenile and domestic relations district courts shall be docketed as provided above and as prescribed by Va. Code § 16.1-302. Below are typical practices followed when the docket is prepared. Civil Docket Procedures Step 1 Clerk checks for all cases that have been filed bur have not been placed on the docket because of no service being requested, or due to all parties having not been served, etc. J&DR Court appeals are placed on the docket after notice to all parties in interest. Note: Protective Orders take precedence on the Circuit Court docket and notice should be given to the parties and the case docketed without delay. Step 2 Declaratory Judgment cases are placed on the docket after a Summons is issued and the response time has passed. Step 3 Other cases are placed on the docket upon written request. Step 4 Cases are “flagged” by date on the case management system, if used, for Term Docket date. Step 5 Cases disposed of from a prior docket for which a final order has been entered are removed from the prior docket. Office of the Executive Secretary Department of Judicial Services Rev: 7/20 CIRCUIT COURT CLERKS’ MANUAL - CIVIL CASEFLOW MANAGEMENT PAGE 3-3 Step 6 Cases not disposed of from the prior docket are continued and given the new Term Docket date. Step 7 Term Docket is prepared or generated from computer system prior to docket call. Step 8 Copies of docket are made for the Judge, Judge’s staff and attorneys based on local practice. Step 9 Copies of the docket for attorneys are placed in the courtroom on Docket Call day. Step 10 Cases will then be called by the judge or the clerk on Docket Call day. Clerk present in court notes all assignments for trial. Caseflow Management Elements of successful caseflow management programs in circuit courts include the desire for finding better ways of handling increasing workloads in the trial courts which has prompted judges and court officials throughout the country to reexamine their case processing customs and practices and to search for new techniques to resolve disputes fairly and more expeditiously. Within the past decade, numerous delay reduction programs have been undertaken in courts of varying sizes and their results have become more readily available. Whether they are called caseflow management, docket control, litigation management or by other terms, the research conducted to date confirms that there is no single solution or model program that has been proven successful in all courts. However, what has been proven time and again is that in every successful program certain basic elements or themes have been found to be present. Defining Delay A range of opinions exist on the question of what constitutes delay. In fact, some bar members and court leaders have asked “What do you mean the public is complaining about delay? What delay? Nobody’s complained to me about their cases taking too long. What litigants are concerned about is the outcome of their case.” The experiences related by Virginia judges and clerks of court, in particular, suggest that the picture is far larger than that. First, among the most well-documented facts about the court system is the public’s apprehension about having to go to court, even as a juror, combined with a reverence for the court’s authority. Office of the Executive Secretary Department of Judicial Services Rev: 7/20 CIRCUIT COURT CLERKS’ MANUAL - CIVIL CASEFLOW MANAGEMENT PAGE 3-4 Therefore, it is not surprising that litigants usually are less vocal to the court and even to their lawyers than under other circumstances. If a complaint is lodged, it generally is to court staff, unless the matter for which they are in court is to be taken care of by such staff. Thus, while case outcome is of primary importance, litigants, witnesses and jurors also evaluate the legal system and the courts on the basis of how they were treated during the entire litigation process, the inconveniences they perceived to exist, and the costs of doing business with lawyers and the court. Among the ways the public (both individuals and the business community) perceives court delays are: • The number of days, weeks, or months that it takes to conclude a civil case from the time the perceived civil wrong happened to them; and, in a criminal case, from the arrest date to the date the court adjudicates the case; • The number of times litigants, witnesses, and jurors are required to appear in court and the number of times after having appeared, the scheduled event does not occur, or the case has been settled. • Within the business community particularly, the costs incurred due to the amount of time they and/or their lawyers spend in court, as well as the time lawyers have to wait for cases to be called or motions to be argued. In contrast, judges and clerks, and many lawyers of court are much more likely to view delays in case processing from the time the case was filed in the court. The concerns, if not fears, they express generally relate to the increasing number of months in advance cases are having to be set in some areas, particularly if the trial is going to last more than one day. In other areas the problems are increased criminal caseloads, particularly drug cases, the lack of capacity in the court’s schedule for handling emergency cases, the indiscriminate scheduling between simple and complex cases, the resulting bumping of cases or continuance of cases bumped (angering and inconveniencing lawyers, litigants and experts); and finally, the increase of motions, particularly those filed immediately prior to trial. Considerations in Developing Caseflow Management Prevention Efforts The current situation on delay reduction efforts suggests several key findings that should be considered from the outset by courts interested in assessing the condition of their civil or criminal dockets and/or developing caseflow management plans. 1. The keys to effective caseflow management and delay reduction programs are court control of the pace of litigation and committed leadership by the court in developing and sustaining effective caseflow management systems. Office of the Executive Secretary Department of Judicial Services Rev: 7/20 CIRCUIT COURT CLERKS’ MANUAL - CIVIL CASEFLOW MANAGEMENT PAGE 3-5 2. Given the shared responsibilities for successfully introducing and maintaining an effective caseflow management plan, a “team” approach is recommended. In this way, the court ensures that there is a method of consulting with others, such as the clerks of courts and their personnel as well as the bar, law enforcement and others involved in case processing.