Institute for the Study and Development of Legal Systems



Summary of Case Managerial Powers and Limits on Those Powers

This Attachment summarizes the Case Manager's powers and the checks and limits placed on those powers.

A. Case Managerial Powers

The Case Manager has the power to do the following:

1. Initial Treatment of the Complaint

a. Review whether the plaintiff's complaint meets the requirements established in Article 63;

b. Reject complaints that do not meet Article 63 requirements;

c. Docket and file the complaint;

d. Serve the complaint on the defendants;

e. Schedule the first hearing with the Case Manager;

f. Summon the parties to such hearing; and

g. Make recommendations to judicial panel of sanctions (e.g., dismissal, default) if parties (e.g., plaintiff, defendant) fail to appear.

2. First Case Management Session (at which all parties present)

a. Inform parties of their rights and responsibilities and Case Manager's powers and checks and limits on those powers;

b. Inform the parties of the normal schedule of litigation;

c. Inform the parties of their mediation options;

d. Receive brief statements from parties of claims and defenses;

e. Ensure evidence has been gathered;

f. Assist in evidence gathering where appropriate (order expert report, summon witness, request document) and review allegations of an expert's conflict of interest or excuses for failure to meet case management requirements;

g. Enforce evidentiary requests by recommending to judicial panel the following sanctions: dismissal, default, waiver, preclusion of evidence and claims or defenses relying upon such evidence not produced;

h. If some evidence has not been gathered, schedule time by which it must be produced;

i. Identify issues as presented by parties; and

j. Schedule judicial panel's hearings, with separate hearings for separate issues, evidentiary submissions, testimony, when appropriate (e.g., change of venue, dismissal of defendant).

3. Mediation Option

a. Once evidence is gathered, inform parties of mediation option, i.e., mediation before retired judge (Judicial Mediation);

b. Order parties to confer and to report back within ten (10) days of decision to mediate;

c. If parties decline Judicial Mediation or fail to answer, schedule first hearing with judicial panel;

d. If parties accept Judicial Mediation, issue Mediation Order for sixty (60) days;

e. Upon request of parties and recommendation of Judicial Mediator, extend Mediation Order for thirty (30) days; and

f. Review any allegations of a Judicial Mediator's conflict of interest

4. File Preparation

a. Meet with parties within thirty (30) days of last session (whether case management or mediation);

b. Verbally conduct questionnaire (e.g., claims, defenses, damages, evidence, legal authorities) and record summary of responses for judicial panel; and

c. Assist parties in any consensual stipulations to facts or legal issues about which there is no disagreement between parties.

B. Limits and Checks on Case Managerial Powers

The foregoing powers of the Case Manager are limited by the following measures:

1. Institutional Checks

a. Case Manager reports to General Prosecutor;

b. Case Manager reports to Chief Judge of Primary Court; and

c. Case Manager must be certified as competently trained by Judicial Center.

2. Legal Checks and Limits

a. Case Managerial procedures must be authorized by law, where required;

b. Case Managerial procedures and decisions must be constitutional;

c. Case Manager may not issue substantive rulings, indicate his views on the merits of the allegations or defenses, or take testimony (unless the parties all consent), or resolve factual contradictions;

d. Judicial Panel may reject recommendations of Case Manager; and

e. Judicial Panel may seek or request evidence not gathered by Case Manager.