MEMO

Memo

Memo

To: Petrovia

From: John Woods

Date: May 28, 2010

Subject: “Case Flow Management”

Caseflow management is the court supervision of the case progress of all cases filed in that court. It includes management of the time and events necessary to move a case from the point of initiation (filing, date of contest, or arrest) through disposition, regardless of the type of disposition. Caseflow management is an administrative process; therefore, it does not directly impact the adjudication of substantive legal or procedural issues. For purposes of reporting to the State Court Administrative Office (SCAO) only, initiation and disposition points are specifically defined in Part 4 of the Caseload of Michigan Trial Courts: Reporting Forms and Instructions. Trial courts may find it beneficial to apply these definitions to their case management systems. Caseflow management includes early court intervention, establishing meaningful events, establishing reasonable timeframes for events, establishing reasonable timeframes for disposition, and creating a judicial system that is predictable to all users of that system. In a predictable system, events occur on the first date scheduled by the court. This results in counsel being prepared, less need for adjournments, and enhanced ability to effectively allocate staff and judicial resources. 

Challenges

Case flow management is dependent upon time guidelines to provide the goals for reducing delay in case processing. Some time guidelines for pre- and post-judgment case processing are provided for by court rule and statute while Administrative Order 2003-7: Caseflow Management Guidelines (adopted by the Michigan Supreme Court and effective January 1, 2004) provides the outlying time guidelines for disposition of cases. For the most part, these guidelines reflect the standards of the American Bar Association, and the State Court Administrative Office will use them as a means for collecting aggregate statistical data by judge about the overall age of pending cases and the age of cases at disposition. More importantly, these guidelines provide the basis for Michigan courts' caseflow management plans. Without these guidelines, the courts have no uniform goals for case processing, and litigants and their attorneys have no predictable, uniform time frames from one court to the next within which to expect their cases to be processed. 

Role Of Clerks Of Court And Other Court Personnel

As recordkeepers, clerks of the court are responsible for obtaining case files, recording case activity, and preparing court orders and documents. Clerk of the court staff and assignment office personnel depend on the information supplied by the court clerks to perform their jobs. The clerk of court can only maintain an accurate and current register of actions if case information received from the courtroom is timely and correct. Assignment staff needs information from the courtroom to prepare future calendars. If the information essential to case management administration is to be obtained, coordination and communication between the court clerks, clerk of the court staff, and assignment personnel is imperative for creating accurate and timely court records. Judicial secretaries may also be involved in collecting and maintaining caseflow information. Accordingly, they should be kept apprised of any changes in recordkeeping procedures or requirements. Court clerks and judicial secretaries serve as "traffic cops" for the courts. They know what cases are scheduled, what attorneys are present and ready, what scheduling problems exist, and when a jury will be ...