The Civil Justice Reform Act of 1990 (CJRA) has reached the mid-point of its implementation nationally and in the Montana Federal District Court. At this juncture, one of the most important aspects of statutory effectuation is evaluation of the experimentation that federal district courts have conducted under the legislation. The timing is particularly propitious in the Montana federal district because the court recently completed the annual assessment of statutory implementation that the CJRA requires. These developments in civil justice reform, particularly relating to evaluation of the experimentation which has occurred, warrant examination. This Article undertakes that effort. The Article first considers the requirements regarding assessment that the legislation imposes. The piece then evaluates compliance with those strictures across the country and by the Montana Federal District Court. It also examines how assessment of implementation of procedures that are intended to reduce cost and delay informs understanding of civil justice reform. Finding that most of the statutory requirements relating to assessment have been satisfied, the Article concludes with a glimpse into the future.
Carl Tobias, Evaluating Federal Civil Justice Reform in Montana, 55 Mont. L. Rev. 449 (1994)