THE "OLD AND THE NEW" CONVENTIONAL WISDOM OF COURT DELAY

Abstract

Prior to the mid-1970's, research on court delay was based on a model of court operation that assumed that the pace of litigation was determined by court resources and formal rules and procedures. Recent studies posit a different orientation: that the pace of litigation is strongly affected by the informal norms, expectations and procedures found in local court systems. These newer studies provide a useful explanation for the notable lack of success of many delay-reduction programs. The model upon which the new studies are based, however, is in need of both theoretical refinement and empirical verification. Furthermore, the question of the costs and benefits of both delay and delay-reduction programs needs to be investigated.