Monday, May 02, 2016
Ind. Courts - Commercial Court Pilot Project, an Update from Judge Bobay
The May issue of Indiana CourtTimes includes a long article by Judge Craig J. Bobay, Allen Superior Court, one of the six pilot project judges, detailing the history and the current status of the project. A sample:
The main goals of commercial courts are to manage factually and/or legally complex commercial litigation as efficiently, competently, and predictably as possible, and to provide consistency in trial court commercial decisions. Another goal is to enable businesses involved in commercial disputes to continue operations with minimal interruption.See all the ILB posts on the commercial courts project.
Commercial court cases are presided over by judges motivated to become involved, and who handle commercial cases with specific “hands on” case management tools.
Those commercial court case management tools include:
- Scheduling early case management conferences with parties to streamline issues and determine if early settlement conferences will be productive.
- Involving the parties and counsel in developing and implementing effective case management plans, including prompt completion of discovery.
- Jointly anticipating problems before they arise, rather than waiting until counsel present them to the court.
- Requiring parties to appear for periodic status conferences with joint status reports.
- Having courts available for hearings on short notice (i.e., within a few days).
- Employing commercial court masters to assist in resolving discovery disputes and providing other guidance to resolving the conflicts as appropriate for each case.
- Encouraging parties to consolidate trial on the merits with preliminary injunction evidentiary hearings when applicable.
- Using electronic filing Orders to facilitate efficient and organized case management and discovery.