Toolkit for Backlog Reduction

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Toolkit for Backlog Reduction

Justice Delayed A Guideline1for the Implementation

of a Civil Backlog Reduction Programme in the Dhaka

District Court

By

Keenan G. Casady

Independent International

Court Management Consultant

United Nations Development Programme

Judicial Strengthening (JUST) Project

Bangladesh

December 2013

INTRODUCTION

Caseflow is the process by which courts of law convert their cases (inputs) into

dispositions (outputs). How well this systemic process is managed determines

how effectively courts accomplish their most fundamental and substantive objectives

and purposes.

Properly understood, caseflow management is the absolute heart of court

management.

1This Guidelineis designed as a workingdocument and is intended to be used as such. It should be

used as a road map by district judges and their sheristadars and peshkars who are interested in

implementing a backlog reduction programme in their courts. It is neither a treatise nor a lengthy

white paper that will sit on a shelf and gather dust but rather a toolkit to be used by the courts to

help the District Judge, the judges, and their respective peshkars and sheristadars manage and control

civil caseload effectively.


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The study of delay is not simply the study of judges inefficiency, but is the study of

the very purposes for which courts exist. Justice is lost with the passage of time time

destroys the purpose of courts. None of the other responsibilities of the District Judge,

the judges, and their respective peshkars and sheristadars is as closely and directly

related to the basic purposes of courts as the reduction and avoidance of delaythrough effective, continuouscaseflow management.2

The District Judge, the judges, and their respective peshkars and sheristadars must

be realistic about what they can accomplish and about the time it will take to bring

order out of chaos. Careful attention to caseflow management will usher in a new

order of business for Bangladeshs courts. If done with courage and dedication, it

will result in a new, positive public image of the courts, as well as the judges and

staffs who strive to engender public trust and confidence in Bangladeshs Judiciary.

Leadership, commitment, communication, responsibility, accountability and

learning are necessary to create a climate conducive to the successful management of

a courts caseflow, as well as to reduce or eliminate its backlog. Continuing, day-to-

day attention by the District Judge, the judges, and their respective peshkars and

sheristadars to a courts statistical performance in light of its caseflow management

goals and objectives is a certain way to enhance the likelihood of success.

BACKLOG DEFINED

The term backlog is often used to mean different things by those involved in

development work and the local partners they serve. When one asks for caseload

statistics on the size of the courts backlog, how should a court respond?

There are at least three ways to answer this question; each answer has some

relevance depending upon the circumstances:

1. To some international experts, the totalnumber of pending cases (filed and

still awaiting disposition) is synonymous with the term backlog. Bydividing this number by the number of full-time judges handling a given

case type, e.g., criminal, civil, land, labor, the quotient is a measure of

pending cases per judge, which some consider the backlog per judge.

Not every case that has been filed, however, is ready to be adjudicated;

many may have not had a response filed by the defendant or have not had

sufficient time for discovery, infra, so they really are not ready to be

resolved.

2Caseflow Management: The Heart of Court Management in the New Millennium, David C. Steelman with

John A. Goerdt and James E. McMillan, National Center for State Courts, 2002.

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2. To others, the term backlog is defined as those cases that are ready to be

heard (or could be settled) but the court cannot get to them on their

schedule. If cases are ready for adjudication but the court cannot get them

to hearing before an available judge, then these cases can reasonably be

considered backlogged. Therefore, some courts use the number of casesthat are ready to be heard but have not yet been scheduled for hearing as

their measure of pending cases or backlog.

3. A third way to measure the extent of a courts backlog is to identify those

cases that exceed the courts established case disposition time standards.

Compiling regular statistics on the percentage of cases that exceed the

courts disposition time standards or goals can be a very powerful tool for

isolating the backlog and managing the caseload. In this writers opinion,

this is the preferred methodology for measuring a courts backlog.

Cases nearing or exceeding a courts disposition time standards should be given first

priority when scheduling. The District Judge, the judges, and their respective

peshkars and sheristadars should always know how many cases are backlogged,

e.g., those that exceed case-processing time standards or goals, and use weekly,

monthly or quarterly statistical reports to identify those that exceed the established

time standards, as well as those that are approachingthose standards.3

3Caseflow Management: The Heart of Court Management in the New Millennium, David C. Steelman with

John A. Goerdt and James E. McMillan, National Center for State Courts, 2002.

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For ease of use, this Guidelineis divided into three major sections:

SECTION I Implementing a Backlog

Reduction ProgrammeSECTION II Using Statistical Data to Monitor the

Progress of a Backlog Reduction

Programme and as Indicators of its

Success

SECTION III Law Reform: Total Case Management

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If you want something you never had, you have to do

something you never did. Author Unknown4

SECTION I IMPLEMENTING A BACKLOGREDUCTION PROGRAMME IN THE DHAKA

DISTRICT COURT

Step 1 Preparation

Preparation for the introduction of a Backlog Reduction Programme should begin at

least 90 days prior to its commencement. The first task that should be undertaken by

any court interested in implementing an effective Backlog Reduction Programme toreduce or eliminate its backlog is to discuss, draft and adopt a programme mission

statement. Essentially, a programme mission statement sets forth the reason or

reasons for the creation of a Backlog Reduction Programme; it answers the question

Why is a Backlog Reduction Programme necessary? The answer is a simple one

A Backlog Reduction Programme is necessary to reduce or eliminate a courts

backlog, reduce delay, improve the dispensation of justice and, most importantly, to

restore the publics confidence in its judiciary.

The second task that should be undertaken by any court interested in implementingan effective programme to reduce or eliminate its backlog is to discuss, draft and

adopt a programme vision statement. As Stephen R. Covey states in his book, The 7

Habits of Highly Effective People, a vision is based on the principle that all things

are created twice. There is a mental or first creation, and a physical or second

creation to all things.5 This aspect is a bit more complicated because it requires the

court to identify and adopt a clear, common understanding of its desired

destination. A court will only be truly successful when it begins with the end in

mind, when it clarifies whatit intends to achieve and when.

Essentially, a vision statement establishes a desirable, realistic, attainable goal that a

court wishes to reach through a Backlog Reduction Programme; it answers the

question What does a court want to achieve through the Backlog Reduction

Programme in a given period of time? For example, a programme vision statement

might read By December 31, 2014, the Backlog Reduction Programme will result in

the disposition of at least 75 percent of all pending civil cases older than three years.

4

5The 7 Habits of Highly Effective People, Stephen R. Covey, A Fireside Book, 1990

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The third, and final, task in the preparation process is to discuss, draft, develop and

adopt a Backlog Reduction Plan. This is a written document that clearly and

concisely sets forth the actions to be taken, the person or persons responsible and

accountable, the timeframe for accomplishment and the results to be achieved. A

sample Backlog Reduction Planis attached as Exhibit A.

Step 2 Knowledge, Consent and Support of the Chief Justice

The District Judge of the Dhaka District Court should advise the Chief Justice in

writing of his courts interest in implementing a civil Backlog Reduction Programme.

This step is important for at least two reasons: First, to inform the Chief Justice of

the courts interest in reducing or eliminating its backlog and obtain his support to

do so. And second, to seek the approval of the Chief Justice to relax any

productivity norm, quota or credit for those judges who agree to participate in theDhaka District Courts Backlog Reduction Programme. The participating judges

efforts must be focused solelyon the disposition of old disputes that are still pending

before the court, not on ensuring that they meet a monthly or annual productivity

quotient.

Step 3 Adoption and Promulgation of Total Case Management Policies

In addition, the District Judge of the Dhaka District Court must formulate and

promulgate specific caseflow management and control policies that govern case

scheduling, service of process, adjournments, sanctions, monitoring, and internal

and external communication. In order to ensure the commitment of the participating

judges to the success of the programme, the District Judge must involve them in the

formulation of such policies. Finally, the District Judge must make it clear to the

judges, as well as the members of the Dhaka Bar Association, that these policies will

be uniformly and consistently applied to all who appear before the court, e.g.,

advocates, litigants, witnesses or expert witnesses, regardless of position, post,

elective office or political party.

A. Monetary Sanctions to Compel Compliance with Court Orders and Enforce

Deadlines

1. Policy considerations Monetary sanctions or costs to compel

compliance with court orders and deadlines can be an effective tool in

managing a courts caseflow; however, to be effective, such sanctions must

be of a monetary amount substantial enough, e.g., 10,000 DTK, to compel

compliance, uniformly applied by all of the judges as a matter of court-

wide policy, and promptly enforced by the court or the Dhaka Bar

Association;

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1. Regular press conferences with print and electronic media the District

Judge of the Dhaka District Court should schedule frequent and regular

press conferences with representatives of the print and electronic media to

keep the public informed of the courts efforts to reduce or eliminate its

backlog. To help enforce compliance with court policies, orders anddeadlines, it also might be helpful to publish the names of those advocates

and expert witnesses who have been appropriately sanctioned for

excessive adjournments, failure to appear, lack of preparation, failure to

follow a promulgated policy or lawful order of the court, or to meet a

court-established deadline.

D. Additional pilot court policy considerations (some of which may require

statutory changes or a temporary suspension of procedural codes and rules in

order to implement):

1. Accurate, current advocate and party address and mobile telephone

contact information for all parties to the lawsuit should be the

responsibility of the plaintiff or his/her advocate and be required by the

court before the complaint is accepted for filing;

2. Plaintiffs advocates should be required to provide service of process to

defendants and their advocates, as well as to plaintiffs witnesses and

expert witnesses;

3. Personal service during late afternoon, early evening hours or weekends,

when the parties are more likely to be at home, should be attempted;

4. All preliminary matters necessary for the case to proceed to the first

pretrial or preparatory hearing should be completed before a date for that

hearing is scheduled. The assigned judge mustbe assured that litigants

and witnesses have been properly served, that discovery has been

completed and that the case is genuinely ready to proceed;

5. Before any judicial involvement, the case should be at-issue or, in other

words, ready to be heard;

6. Once at-issue, the case should become the property of the court and

subject to its totalcontrol. The objectives of total case management are to

reduce overall case-processing time, subject the litigation process to court

supervision from filing to judgment, and increase the courts disposition

rate;

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13. The most important element in implementing a successful Backlog

Reduction Programme and reducing delay is a shared recognition,

throughout the court, of the need to change the pace of litigation and a

resolve to achieving that change; and

14. Apilotcourt should be open to trying new techniques or changing existing

work habits. Courts change slowly and many judges prefer not to

experiment with new policies or procedures. However, a court should

accept the fact that a change in policy or procedure maybe needed in order

to change the present pace of litigation.

Step 4 Selecting and Orienting the Participating Judges

Once the District Judge of the Dhaka District Court has secured the written approvalof the Chief Justice to implement a Backlog Reduction Programme in his court and

has promulgated total case management policies, he must designate three to six

judges who will conduct and participate in the programme. The District Judge must

choose wisely because not every judge possesses the talent, experience, attributes or

qualities that are conducive to effective settlements, e.g., maturity, patience,

persistence, tenacity, flexibility, openness to change, has the respect of the Dhaka Bar

Association and, most importantly, the willingness to work as a member of a team to

achieve a common goal.

Step 5 Determining the Courts Standard Disposition Rate

With the assistance of the peshkars and sheristadars, the District Judge of the Dhaka

District Court must determine how long a typical civil case should take to

adjudicate in his court, from the date of filing to the date of disposition, e.g., the

standard disposition rate. When preparing for the implementation of a previously

untried Backlog Reduction Programme, the District Judge may wish to take a more

liberal view while still remaining flexible. For example, the District Judge may

determine that a typical civil case takes about three years to dispose of; however, for

purposes of the programme and depending upon the number of pending,

unresolved civil cases in his court, he may decide that the courts standard

disposition rate is greater, e.g., five years.7

Step 6 Inventorying All Civil Cases Pending Before the Court

7The Standard Disposition Rate is subjective and may differ from court to court. It is a living

number that should decrease over time, as the court gains greater control over its caseflow and

eliminates its backlog.

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The peshkars and sheristadars should begin by reviewing the various registries, as

well as active case files, to identify allcivil cases pending before the court. Next, they

should compile a case inventory, listing all pending civil cases in descending

chronological order (oldest case first), together with the respective case numbers and

the name of the judge to whom the case is assigned. As a further step, the casesshould be grouped by the respective judge assigned.

Step 7 Identifying those Cases that Fall outside the Courts Standard Disposition

Rate

With the assistance of the peshkars and sheristadars, the District Judge of the Dhaka

District Court must determine which active civil cases fall outside the courts

standard disposition rate. For example, if the court identifies 10,000 pending civil

cases, yet 2,500 of those cases were filed within the courts standard disposition rate,7,500 cases fall outside that rate.

Step 8 Establishing the Universe of Cases Subject to the Backlog Reduction

Programme

The figure of 7,500 cases, supra, constitutes the universe of cases that are the focus

or subject of the courts Backlog Reduction Programme. A sample form useful for

determining the total number of active civil cases before the court, as well as for

calculating this universe, is attached as Exhibit B.

Step 9 Communicating with the President of the Dhaka Bar Association

Once the court has secured the approval and support of the Chief Justice, the District

Judge of the Dhaka District Court should initiate contact with the President of the

Dhaka Bar Association. He should inform him of the courts intention to implement

a Backlog Reduction Programme and seek his support, as well. In addition, he

should make it clear to the President of the Dhaka Bar Association that anyadvocate

who fails to adhere strictly to the policies, orders and deadlines of the court will be

reported to the Dhaka Bar Association for subsequent disciplinary action.

As officers of the court, advocates have a professional obligation to work with, not

against, the court to help ensure that it functions effectively, solely for the benefit of

the public it serves.

Step 10 Communicating with those Advocates who Routinely Practice before the

Court

The District Judge of the Dhaka District Court should send a registered letter to alladvocates who routinely practice in his court to inform them about the impending

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Backlog Reduction Programme, to clarify what the court expects from the advocates

and to garner their support. A sample letter to advocates is attached as Exhibit C.

As with most any change involving people, the advocates involvement is crucial to

achieving their consequent commitment to change. It is in this light that the courtshould give strong consideration to the creation of a local Bench-Bar Committee

comprised of the District Judge of the Dhaka District Court, all judges and their

peshkars and sheristadars, and a representative number of civil advocates whom the

Court holds in high esteem. The primary purpose of such a committee would be to

foster communication between the court and the advocates who practice before it,

address problems of common concern, e.g., backlog, and establish a forum for the

discussion of issues that eventually will lead to an improved administration of

justice in Bangladesh.

It is imperative that such committees be local in their establishment simply because

the legal culture surrounding each district court can be, and often is, different. By

working together, judges and the advocates who practice before them can overcome

significant barriers to the prompt resolution of the publics disputes.

Step 11 Communicating with the Litigants and their Advocates whose Cases

have been Inactive for Six Months or Longer

All pending civil cases that exceed the courts standard disposition rate andwhich

have been inactivefor a period of six months or longer should be placed on a special

calendar by the District Judge of the Dhaka District Court and he, along with two

or three of his most experienced judges, should send letters to the litigants and their

advocates to determine whether that case is, indeed, still active and can proceed to

hearing or whether it can be dismissed. If a case is deemed active and a pretrial or

preparatory hearing has already been held, it should be immediatelyscheduled for a

mandatory settlement conference and a trial to dispose of it as quickly as possible. If

it is determined that the case is null and can be closed, the plaintiffs or their

advocates should be asked to send a registered letter to the court withdrawing the

complaint forthwith. A sample letter to plaintiffs and their advocates is attached

as Exhibit D.

Step 12 Communicating with the Litigants and their Advocates whose Cases are

Active and Ready to be Heard

Ten business daysprior to the date scheduled for the pretrial or preparatory hearing,

the judge assigned to the case should send a letter to litigants and their advocates to

inform them what the court expects them to accomplish prior to the pretrial hearing,

as well as at the mandatory settlement conference and the trial. The courts

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expectations of the litigants and their advocates might include, but not be limited to,

the following:

Without exception, all litigants must be present with their advocates at all

stages of the process.

Litigants and their advocates should be expected to:

Arrive on time, fully prepared to proceed with the pretrial or preparatory

hearing, as well as the mandatory settlement conference and the trial (if the

case is not resolved at the pretrial or preparatory hearing);

Have reached an agreement on who their witnesses and expert witness(es)

will be;

Have fully informed the court and opposing parties of

Their own factual statements, including proposals for evidence

presentation and the circumstances that the evidence supports;

The names, surnames, addresses, mobile telephone numbers and specific

tasks of expert witnesses; and

The names, surnames and mobile telephone numbers of witnesses, with

specific statements as to what they will testify to.

Submit immediately to the court and opposing parties, if they have not

already done so, all documents or exhibits they have proposed for

presentation or intend to propose, otherwise the court should not permit their

admission at the trial;

In cases in which a party claims money damages, provide a statement of the

elements of each such claim and the amount being sought with respect to each

element;

Have attempted to communicate in writing with the opposing party and/or

his/her advocate in an effort to resolve the dispute fully and amicably,

without the necessity of a trial; and

Provide a mutually agreed upon estimate of time required to complete the

trial.

A sample letter to litigants and their advocates is attached as Exhibit E.

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Finally, the court, as a matter of policy, may wish to advise alllitigants, advocates,

expert witnesses, witnesses, and municipal and public or private corporate

representatives orally or in writing that:

All hearing dates are firm;

There will be no adjournments granted without a showing of exceptional

good cause therefore;

Cases not resolved at the pretrial or preparatory hearing, or through a

subsequent mandatory settlement conference will proceed immediatelyto trial;

Parties or their advocates who fail to appear as scheduled or who appear

unprepared will be subject to substantial monetary sanctions, e.g., 10,000

BDT. This includes advocates, litigants, expert witnesses, witnesses, andmunicipal and public or private corporate representatives;

All advocates representing municipalities, public corporations or

governmental institutions mustbe vested with the full authority to make and

solicit disclosures and agreements touching all matters pertaining to the

settlement conference and the trial, and to participate fully, and in good faith,

in all settlement negotiations;

The settlement conference judge(s) will have full authority to confer and

consult with all parties, to conduct private caucuses with advocates,

individual parties, municipal representatives, public or private corporate

representatives and insurance professionals, to suggest alternatives, analyze

issues, question perceptions, use logic, stimulate negotiations and keep order;

Participants must be prepared to spend as much time as necessary to settle

the case, or until an impasse is declared by the settlement judge(s);

Failure of any advocate, party, expert witness, witness or government

representative to comply with the lawful orders of the court will result in

substantial monetary sanctions, e.g., 10,000 BDT; and

Not later than one week prior to the date scheduled for the settlement

conference and the trial, the litigants and/or their advocates are expected to

file with the court, and serve on each other, a fair, just and reasonable written

settlement proposal.

Step 13 Determining the Roles of Peshkars and Sheristadars

A. The Role of the Sheristadars

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A judge of the Dhaka District Court generally enjoys the benefits the support of a

senior sheristadar can offer; however, in many situations, the judge fails to take full

advantage of the sheristadars knowledge, skills and abilities. For example, in

addition to their traditional clerical support role, the sheristadar should work closely

with the respective judge to ensure that case files are well organized, that summonshave been properly served on all litigants, advocates, witnesses and expert witnesses

involved in a particular case and that the respective judges schedule is maintained

in a way that maximizes that judges available time and ensures the greatest

productivity.

In the Dhaka District Court, it may be worthwhile to consider the advantages of a

pool or group of sheristadars in lieu of assigning a sheristadar to each judge. In

concept, this would allow the court to make maximum use of a limited but essential

resource by using the sheristadars as a team that can provide clerical supportservices to the entire court, depending upon the chronology or priority of the

respective task.

B. The Role of the Peshkars

Most judges rely on a competent peshkar to assist them with their assigned caseload.

From a caseflow management perspective, an experienced peshkar can be

instrumental in ensuring an effective settlement conference if he were to telephone

the litigants and/or their advocates 24 hours prior to the scheduled settlement

conference and trial to remind the parties to arrive fully prepared to negotiate a

settlement, to bring their witnesses, expert witnesses and all evidence, that the case

will proceed immediately to the trial if settlement efforts are unsuccessful, and to be

aware of possible, substantial monetary sanctions for failure to comply with the

courts policies, directions and deadlines.

The sheristadars and peshkars are critical to the success of a courts Backlog

Reduction Programme. Their role in ensuring that each case is scheduled for a date

certain and a purpose certain is of the utmost importance in caseflow management.

In addition, they should work together to ensure that all relevant contactinformation, e.g., mobile telephone numbers, is collected from the plaintiff at the

time the complaint is filed, that the case file is well organized, and that the statistical

results of the courts Backlog Reduction Programme are regularly compiled and

accurately documented.

To maximize judicial resources and minimize movement of the case file between the

sheristadars office and the respective judges office, theproceduralcorrectness of the

complaint should be determined by a senior sheristadar, but not the judge. To

preserve the assigned judges impartiality, the determination of the complaints

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substantivecorrectness should be the responsibility of the defendant or his advocate,

and should be addressed in the defendants response to the complaint.

These recommendations may require statutory change, infra, but should nevertheless

prove beneficial in reducing delay and freeing the judge to concentrate his/herattention on the legal substance of cases previously assigned to him/her.

Step 14 Conducting the Pretrial or Preparatory Hearing

The first pretrial or preparatory hearing is keyto the courts successful management

of the case. There should be nodelay whatsoever between the filing of an at-issue

memorandum, a memorandum to set or a certificate of readiness 8 and the

scheduling of the pretrial or preparatory hearing. A standard should be established

by the court that requires that the pretrial or preparatory hearing be scheduled notmore than ten business days (two weeks) after the date the defendant has filed an

answer or the deadline to do so has passed, and an at-issue memorandum, a

memorandum to set or a certificate of readiness (see footnote 7, below) has been

signed and filed by the plaintiff and the defendant, or their advocates.

The purpose of the first pretrial or preparatory hearing should be to ensure that all

parties have been properly served, that the defendant has prepared and filed a

response or been given the opportunity to do so, that both sides know fully about

each others case, which witnesses will be called to testify, what evidence will be

presented, that all settlement options have been explored and that the case is ready

to proceed to a settlement conference and, if necessary, a trial.

To take advantage of the potential for settlement of the dispute, litigants must be

present with their advocates at the first pretrial or preparatory hearing.

Step 15 Conducting the Settlement Conference9

8An at-issue memorandum, a memorandum to set or a certificate of readiness is a document filed

with the court by the plaintiff, and signed by all parties or their advocates, certifying that the issuesare joined, that the case is ready for hearing; that all discovery in the case has been completed; that the

plaintiff has made reasonable inquiry of all counsel and/or pro separties to ensure that all necessary

parties, advocates and witnesses will be available; that serious settlement negotiations have been

conducted; that the case is ready in all respects for hearing; and that the hearing is estimated to take

no less than X hours/days nor more than X hours/days.

9It must be emphasized that a settlement conference should not be confused with mediation. In its truest form,

mediation is an alternative dispute resolution mechanism in which participation by the parties is voluntary. It

generally takes place outside the court environment, using paid, well-trained mediators, not judges. A

settlement conference is, or should be, mandatory for all civil cases and is conducted by two or more of the

courts judges who are notassigned to the case, just prior to a scheduled trial.

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The settlement conference (read final pretrial or preparatory hearing) should be

scheduled within ten business days of the first pretrial hearing, on the same day

scheduled for the trial. In conducting the settlement conference, the court should be

mindful of the following:

Participation of the (Chief) District Judge To enhance legitimacy and

communicate to the Dhaka Bar Association and the public the courts

determination to eliminate its backlog, the participation of the District Judge

of the Dhaka District Court, as a member of the settlement conference team,

sends a strong, clear message that the court is serious about reducing delay

and gaining control over its civil caseflow;

Opening Statement At the start of the settlement conference, the District

Judge of the Dhaka District Court, makes an opening statement that sets theproper tone for the settlement conference. An example of an opening

statement is attached as Exhibit F;

Two Judges Are Better Than One By involving two judges in the settlement

conference, neither of whom is the judge formally assigned to the case, they

are free to discuss the merits of the case, explore settlement options with each

side, and take actions that would otherwise be inappropriate for, or affect the

impartiality of, the assigned judge;

Private Caucuses Private caucuses, or private conferences with the litigants

and their advocates, provide an opportunity for the settlement conference

judges to meet separately with the parties and their advocates in an effort to

lay a foundation for an acceptable compromise and thereby end the dispute

without the necessity of a trial;

Encourage Short Recesses or Breaks to Facilitate Settlement A short recess or

tea break allows parties and their advocates to communicate directly with one

another under the watchful eye of the court;

Immediacy of the Trial A familiar adage among court management

professionals is that the immediacy of trial settles cases. Keeping the

pressure on the litigants and their advocates by commencing the trial

immediatelyupon conclusion of an unsuccessful settlement conference enables

the court to send a message to the parties and their advocates that their case

will be disposed of one way or another on that day. Moreover, by

emphasizing that both parties can win by reaching a fair, just and mutually

acceptable compromise versus the fact that one party will certainly lose if the

case proceeds to a trial, the court is able to maintain the pressure requiredto ensure a meaningful settlement conference.

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Continuing the Settlement Conference On their own motion, the settlement

conference judges should be able to postpone the settlement conference for a

period not to exceed 24 hours (one day) if, in their opinion, such adjournment

will lead to a possible settlement of the dispute; and

Scheduling Flexibility Both the settlement conference judges and the

assigned judge should keep space available, e.g., one day a week, on their

schedules to allow for short adjournments, e.g., one day, to facilitate

settlement efforts.

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SECTION II MONITORING THE PROGRESS OF A

BACKLOG REDUCTION PROGRAMME IN THE

DHAKA DISTRICT COURT

Communication Among the Judges

Frequent, regular meetings of the participating judges The judges who

participate in the courts Backlog Reduction Programme should meet

frequently and regularly with the District Judge of the Dhaka District Court to

discuss goals or targets, the progress of the programme, techniques used,

problems encountered and proposed changes to improve their chances of

success;

Constructive feedback Because no one is perfect and because a courts

Backlog Reduction Programme mustbe seen as a team effort by those judges

who participate, everyone should be open to constructive feedback from the

District Judge of the Dhaka District Court, or other members of the Backlog

Reduction Programme team. Without trust among the judges, there is no moving

forward;

Review of statistical data At regularly scheduled meetings of the BacklogReduction Programme team(s), the District Judge of the Dhaka District Court

should present the most recent programme statistics and the judges should

freely discuss which approaches proved to be the most beneficial and what, if

any, should be changed or modified; and

Mid-course corrections Because a Backlog Reduction Programme may be a

work in progress, the District Judge of the Dhaka District Court, as well as

the participating judges, should be open and willing to make whatever

programme changes or modifications are deemed necessary to enhance itssuccess.

Statistical Data Collection, Analysis and Distribution

In any organization, the adage what you count, counts carries great weight.

This is especially true with the courts. Statistical data can paint a vivid

picture of whether a courts case management or backlog reduction

objectives are being reached and whether their goals are being accomplished;

and

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Frequent, regular collection of meaningful data elements by the respective

peshkars will enable a court that has embarked on a Backlog Reduction

Programme to obtain a global or macro sense of how well their

programme is doing, monitor its successes or failures, and determine whether

mid-course modification or wholesale change is required.

Progress Monitoring Tools

There are three data collection tools to help measure productivity, identify

problem areas and illuminate the programmes effectiveness. These tools include:

A chronological checklist of pending civil cases organized by the name of the

judge to whom the case is assigned;

A weekly summary of Backlog Reduction Programme activity, including

factors that impede or inhibit the effectiveness of the programme, and what

the court has done to address them (Exhibit G); and

A weekly tool for tracking team productivity (Exhibit H).

All three monitoring tools should be completed orcompiled weeklyby the

participating judges and their respective peshkars, and submitted to the District

Judge of the Dhaka District Court for his review and comment. The tools should

also be discussed at weekly meetings with the District Judge of the Dhaka District

Court, the judges participating in the courts Backlog Reduction Programme and

their respective peshkars and sheristadars.

Indicators of Success

In addition to conventional statistical data measurements, there are a number of

other indicators or signposts that show whether a courts Backlog Reduction

Programme has been implemented correctly and is working effectively. These

indicators include, but are not limited to:

An increase in the number of cases closed on a month-by-month basis,

together with a reduction in the number of trials held;

The number of cases being closed is greater than the number of cases newly

filed in a given period, e.g., one year;

Fewer, shorteradjournments are being granted by the judges;

Peshkars and sheristadars workload is reduced, e.g., fewer decisions to

prepare and process as a direct result of an increase in settlement activity;

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The elapsed time between the date cases are filed and the date they are closed

is decreasing;

The judges are adjudicating newer, more recently filed cases; and

There is a perceptible, positive public impression of the courts by the Dhaka

Bar Association, the public and the media.

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SECTION III PROSPECTS FOR LEGISLATIVE

REFORM: TOTAL CASE MANAGEMENT10

Should JUSTs Backlog Reduction Programme prove successful, the Ministry of

Law, Justice and Parliamentary Affairs, the Supreme Court, and the Parliament may

wish to consider the following legislative enhancements affecting a courts ability to

manage its caseflow effectively:

Discovery (exchanging information as a prerequisite to the first pretrial

preparatory hearing) Legislation should be enacted, amended or modified to

clearlyplace the responsibility to arrive fully prepared for the pretrial hearing on

the litigants and their advocates. Two sample orders designed to accomplish this

are attached as Exhibits J and K.

At-issue Memoranda, Memorandum to Set, or a Certificate of Readiness

Advocates should be required to jointlysign and file an at-issue memorandum,

supra, when their case is ready to be heard. Without such memoranda, cases

should not be assigned to a judge for hearing. A sample at-issue memorandum

and a courts response, e.g., a sample scheduling order, are attached as Exhibits L

and M.

Case Assignment and Preparation of the Summons Presently, cases are

assigned to judges according to territorial or pecuniary criteria when a

complaint is filed by the plaintiff. Upon receipt or shortly thereafter, the assigned

judge reviews the case and schedules a date for the first mention.

Following the judges review, the sheristadar prepares a summons that requests a

response from the defendant, and informs the parties of the date scheduled for

hearing. The file and the summons are routed to the sheristadar for signature and

forwarded to the appropriate office for processing. The summons is then deliveredby the courts process servers, mailed to the parties or delivered by the plaintiffs

advocate, depending upon various factors. Upon receipt of the defendants response

by the court, the case is added to a cause list for the date scheduled for mention.

To maximize judicial resources and minimize movement of the case file between the

sheristadar and the respective judge, the summons should be signed by the

sheristadar, not the judge. This may require the development of written guidelines

10See attached flowcharts for illustration of suggested legislative changes.

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and minimal training but should nevertheless prove beneficial in reducing delay and

freeing the judge to concentrate his/her attention on the substantive aspects of cases

previously assigned to him/her. To preserve the assigned judges impartiality, a

determination of the substantive correctness of the complaint should be the

responsibility of the defendant or his advocate, and should be addressed in thedefendants response to the complaint.

Case Management Statutes should be enacted, amended or modified to

provide the courts with the authority to manage their caseflow, allowing judges

to use their inherent powers, as well as the Chief Justices rule-making authority,

to improve the efficacy of their courts.

Management and Control of Witnesses and Expert Witnesses To ensure

effective case management, witnesses and expert witnesses must comply with acourts summons and appear as ordered at the time and date indicated on the

summons. Witnesses or expert witnesses who ignore deadlines established by

the court, thwarting, impeding or delaying the effective resolution of disputes

and increasing the costs of litigation should be sanctioned accordingly and the

court should be given the authority to compel compliance with its lawful orders

and deadlines.

Advocate and Litigant Contact Information Virtually every Bangladeshi

possesses a mobile telephone. The Civil Procedure Code should be modified or

amended to require the mobile telephone numbersof all parties to the lawsuit, or the

number of a close family member who can contact the litigant(s), if necessary.

Complaints without this information should not be accepted for filing by the

courts sheristadars.

Payment of Court Fees and Taxes Unless litigants are truly indigent, e.g.,

lacking the necessary funds to pay required court fees or taxes, and are

excused from that requirement, the court may be forced to become a collection

agency instead of performing its official function of dispensing justice. This

takes judges and staffs focus away from their primary responsibility, delaying

case processing and impeding the administration of justice.

Litigants with the financial capacity to do so should be expected to pay to play.

Nocase should be processed without the filing fee or other fees being paid in full or

the litigants agreement to pay in a limited number of installments, e.g., two.

Alternatively, a notice of indigency issued by the Ministry of Finance, in lieu of fees

or taxes, should be required before the court accepts an indigents complaint for

filing. Cases in which fees have not been timely paid or for which a notice of

indigency has not been issued by the Ministry of Finance should be dismissedforthwith.

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Failure to require the payment of court fees or taxes by those litigants who can

well afford to pay eliminates a critical filter that has the potential effect of allowing

only those who are serious about their respective cases to seek redress in the courts.

As a result, the courts become clogged with numerous cases filed by litigants who

may not be at all serious about pursuing a judicial remedy or seek only to frightenpotential parties. While every member of a society should have equal, unfettered,

timely access to justice, only those who are truly indigent should be permitted to

enjoy such access without cost.

Courts Inherent Authority to Dismiss Cases on Their Own Motion for Lack of

Prosecution To enhance the courts ability to manage and control their

caseflow, the Civil Procedure Code should be amended or modified to provide a

court with the full authority to dismiss a case on its own motion and with

prejudice if that case has been inactive for a period of six months or longer.

Productivity Affidavit - Using statistical data compiled regularly by the

respective peshkars, the District Judge of the Dhaka District Court, should ensure

that no judge has any case assigned to him/her that takes longer than 24 months

to decide. In the event that this does occur, the District Judge may want to take a

closer look at the respective case and speak with the judge assigned to determine

what factors, if any, caused justice to be delayed.

In addition to the judiciarys productivity norm or quota, the Chief Justice may

wish to require judges to complete and submit to the respective District Judge on a

monthly basis, an affidavit that states:

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Affidavit11

I, (name and surname of judge), Judge of the (jurisdiction) District Court,declare that no case remains pending and undetermined that has been assigned

to me in said court for decision for the period of 12 months prior to the first

day of (month).

I declare under penalty of perjury that the foregoing is true and correct.

(Judges Signature)

Printed or Typed Name of the Judge of the District CourtExecuted on (date) at (jurisdiction), Bangladesh

11Judicial Council of California, Administrative Office of the Courts, State of California, United States of America.

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CONCLUSION

As stated in the Introduction, effective caseflow management is the absolute

heart of court management. A Backlog Reduction Programme is but one of the

tools available to Bangladeshs district courts to manage and control their civil

caseflow. With the proper policies in place, such a programme will result in

improved caseflow management, greater certainty regarding the Judiciarys

processes and procedures, and a significantly enhanced, positive image among the

citizens of Bangladesh who rely on the Judiciary for the timely administration of

justice.

Keys to Success

In the opinion of this writer, the following keys or factors are of significant

value to the successful implementation of a backlog reduction programme:

Consistently Applying the Courts Total Case Management Policies To be

effective, established court policies must be strictly interpreted, consistently

applied and uniformly enforced by all judges, without exception.

Treating Everyone the Same Bangladesh is a society based upon the concept

of Rule of Law. In a society based upon the concept of Rule of Law, no one

should be above that law, regardless of position, post or political party.Under the Rule of Law, the authority of law does not depend so much on the

law's instrumental capabilities, but on its degree of autonomy, that is, the

degree to which law is distinct and separate from other normative structures

such as politics and religion. Rule of Law means procedural and formal

justice, which consists of several principles. First, the legal system must have

a complete set of decisional and procedural rules that are fair. Second, the fair

rules of decision and procedure must also be pre-fixed and pre-announced.

And third, these decisional and procedural rules must be transparently,

consistently and uniformly applied.

Perhaps the most famous exposition of the concept of Rule of Law was stated

byAlbert Venn Dicey in his Law of the Constitutionin1895. Dicey wrote that

...every official, from the Prime Minister down to a constable or a collector

of taxes, is under the same responsibility for every act done without legal

justification as any other citizen. The reports abound with cases in which

officials have been brought before the courts, and made, in their personal

capacity, liable to punishment, or to the payment of damages, for acts done in

their official capacity but in excess of their lawful authority. [Appointedgovernment officials and politicians, alike] ...and all subordinates, though

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http://dictionary.laborlawtalk.com/Albert_Venn_Diceyhttp://dictionary.laborlawtalk.com/1895http://dictionary.laborlawtalk.com/1895http://dictionary.laborlawtalk.com/Albert_Venn_Dicey


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carrying out the commands of their official superiors, are as responsible for

any act which the law does not authorize as is any private and unofficial

person. Thus, those who make and enforce the law are themselves bound to

adhere to it.12(Emphases added.)

This means that members of Parliament, ministers, police officers, the public

prosecutor, and directors of major private or public corporations or

organizations must not be permitted to ignore or thwart the orders, policies or

deadlines of the court. Bangladeshs Civil Procedure Codeappears to provide

neither justification for the exclusion of such public or private officials from

the settlement conference process, nor exception from summoning by the

court if they are unwilling to authorize their legal departments to engage in

meaningful settlement negotiations to enhance the administration of justice in

their organizations.

Sheristadars or peshkars who accept gratuities or other incentives to

advance or delay the progress of a case should be disciplined accordingly, up

to and including termination.

Applying Pressure The court must be in full control of the adjudicatory

process. Toward that end, a factor that should not be overlooked is the

importance of the court applying sufficient pressure to ensure that

advocates, litigants, witnesses and expert witnesses fulfill their respective

responsibilities as established by law or court policy, especially with respect

to appearance, preparation and participation. Without the active engagement

of these individuals in the adjudicatory process, an effective administration of

justice will continue to elude Bangladeshs Judiciary. While their voluntary

involvement would, of course, be preferential, appropriate sanctions should

be strictly and uniformly applied if it is not.

Taking Risks and Making Mistakes Will mistakes be made? Of course they

will. But such mistakes will result in a courts growth and development, and

the judges will become better at what they do, benefitting the people of

Bangladesh. The courts should not fear change but, in fact, they should

anticipate it, adapt to it quickly and monitor it. One of the certainties of life is

that everything changes. The courts must accept the fact that change happens

and embrace opportunities for change when such opportunities are

presented. They owe that much to the citizens they serve.

12Law of the Constitution, Albert Venn Dicey, 1895

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EXHIBIT A

Desired Outcome Activit iesResponsible and

Acc oun tabl ePerson(s)

Tentative StartDate

Tentative FinishDate

Goal 1 - Develop and Implement a Backlog Reduction Programme in the Dhaka District Court

Objective a: Orient the Judges of the Dhaka District Court and Obtain their Support

A meeting with the judges of theDhaka District Court to discuss thecivil caseload backlog and secure

their support to implement aBacklog Reduction Programme in

their court.

Prior to the scheduled meeting, providethe judges with a copy of the court's

pending civil caseload statistics, listedchronologically by case age, for theirreview. At the scheduled meeting,

discuss the court's backlog and answerany questions the judges may have.

Request the judges' support andassistance in implementing a BacklogReduction Plan in the Dhaka District

Court.

The District Judge ofthe Dhaka District

Court.

To Be Determined(TBD)

TBD

Objective b: Orient the Chief Justice and Obtain his Support


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A meeting with the Chief Justice todiscuss the caseload backlog in theDhaka District Court, and secure theChief Justice's support to implement

a Backlog Reduction Programmethere. Such support includes the

"relaxation" of any "norm," quota orcredit requirements for those judges

who participate in the BacklogReduction Programme.

At the scheduled meeting, tell the ChiefJustice about the extent of the backlog,providing him with supporting statistical

documentation, and answer anyquestions he may have. Request theChief Justice's support to implement aBacklog Reduction Plan in the Dhaka

District Court, including the "relaxation"of the productivity "norm," quota or credit

requirements for those judges whoparticipate in the Backlog Reduction

Programme.


Court.TBD TBD

Objective c: Communicate with the President and members of the Dhaka Bar Association

A Bench-Bar Committee, so thatjudges and advocates can work

together to reduce the court'sbacklog and resolve other common

problems.

Schedule frequent and regular meetingswith members of the local Bench-Bar

Committee to keep them apprised of thecourt's efforts to implement a BacklogReduction Programme, as well as acaseflow management improvement

plan, and strive for a commonunderstanding of case management

problems and a collective response of allinvolved to solve them.


Court, a seniorsheristadar andpeshkar, and the

President of the DhakaBar Association.

TBD TBD

Objective d: Inventory Pending Civil Cases

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A comprehensive inventory ofpending civil cases listedchronologically by year.

Count the pending civil cases, sort byyear filed and record the case numbers.Also identify the judge assigned to the

respective case.

A senior sheristadar,acting under the

direction of the DistrictJudge, Dhaka District

Court

TBD TBD

Objective e: Establish a Disposition Time Standard for Processing Civil Cases

Written time standard in which acivil case should be disposed of by

the Dhaka District Court.

Discuss with the District Judge of theDhaka District Court, and arrive at amutually acceptable disposition timestandard, e.g., 24 months, for the

processing of all civil cases from filing todisposition.

The civil judges, actingin concert with, and

under the direction of,the District Judge of the

Dhaka District Court

TBD TBD

Objective f: Identify Oldest, Pending Civil Cases that Fall Outside of the Established Disposition Time Standard

Chronological list of pending civilcases that fall outside of theestablished disposition time

standard.

Review the case files of those cases thatfall outside of the established disposition

time standard, chronologically list thecase numbers and discuss with theDistrict Judge of the Dhaka District

Court.

The judges, acting inconcert with, and under

the direction of, theDistrict Judge of theDhaka District Court

TBD TBD

Objective g: Screen Subject Cases in Chronological Order Using the District Judg e, Two or More Experienced Civil Jud ges TemporarilyAss ign ed by th e Dist ric t Judg e tog ether wi th t heir Respective Peshkar s and Sheri stadars

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An awareness of the extent of thebacklog and the probable amount of

work required to dispose of it.

Review subject cases in chronologicalorder (oldest case first) to determine

status and to become familiar with therespective issues.

District Judge and twoor more experiencedcivil judges assigned

temporarily by theDistrict Judge together

with their respectivepeshkars andsheristadars.

TBD TBD

Objective h: Notice Litigants and/or their Advo cate of Record, Requiring them to Inform t he Court Why Those Cases that Have Been

Inactive for Six Months or Longer Should Not be Dismissed for L ack of Prosecution

A form letter is sent to litigants andtheir advocates requiring them toinform the court why those cases

that have been inactive for sixmonths or longer should not be

dismissed for lack of prosecution.

With the assistance of the District Judgeof the Dhaka District Court, draft andmailby registered mail a form letter tolitigants or their advocates requiringthem to inform the court why those

cases that have been inactive for sixmonths or longer should not be

dismissed for lack of prosecution.

The respectivepeshkars andsheristadars

TBD TBD

Objective i: Schedule a Mandatory Settlement Conference with Litigants and their Advocates to Determine the Status of their RespectiveCases; Conduct Meaningful Settlement Negotiations

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Specially set calendar call orscheduled status conference forevery case not dismissed under

Objective g, supra.

With the assistance of the District Judge,set aside twelve months exclusively

devoted to the settlement or hearing ofall pending civil cases older than 24

months that have already undergone apretrial or preparatory hearing and are

presumed to be ready for trial.

The District Judge andat least two teams ofthree judges each,together with their

respective peshkarsand sheristadars.

TBD TBD

Objective j: Regularly Monitor and Evaluate Progress, Continui ng the Backlog Reduction Programme Until the Desired Results Have BeenAch ieved

Comprehensive weekly statisticalreports showing the number of

cases scheduled and the numberand percentage of those disposed

of.

Carefully track the progress of the court'sefforts counting the number of cases

scheduled, the number settled and thenumber heard. Report regularly to the

Chief Justice and the media.



TBD TBD

Objective k: Impose Monetary Sanctions on Advo cates, Expert Witnesses, Witnesses and Litigants Who Fail to Appear, AppearUnprepared to Proceed or Fail to Compl y with the Court's Orders, Policies, Directives or Deadlines

Substantial monetary sanctionsimposed on advocates, expert

witnesses, witnesses and litigantswho fail to appear, appear but areunprepared to proceed, or fail tocomply with the court's orders,

policies, directives or deadlines.

Promptly impose significant monetarysanctions on advocates, expert

witnesses, witnesses and litigants whofail to appear, appear but areunprepared to proceed, or fail to comply

with the court's orders, policies,directives or deadlines. Ensure thatsuch sanctions are timely enforced.

The District Judge,working together with

the judge teams.As necessary

Ongoing as amatter of court

policy

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Objective b: Adhere Strictly to Rules of Court, Standard Case Processing Time Frames, Deadlines and Other Requirements.

Review and discuss the pertinent articlesof the Code of Civil Procedure thatdirectly impact the court's ability to

manage its caseload.



TBD TBD

Objective c: Strive to Continuo usly Improve Service of Process

In collaboration with the Postal Service,continuously review and evaluate the

quality of the service of process providedby the Postal Service; alter work

schedules for the court's couriers so thatthey may deliver or serve process everyday from 0700 to 2000, especially duringthe hours when parties are most likely to

be at home and/or require delivery bythe parties.



Ongoing Ongoing

Objective d: Improve the Use of Pretrial to Ensure Readiness and Facilitate Settlement

Take full advantage of the pretrial orpreparatory hearing to share evidenceand witnesses, ensure readiness andassertively push for settlement of the

subject dispute.



Ongoing Ongoing

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Objective e: Continuousl y Monitor the Caseflow to Ensure Improvement of the Caseflow Management Process

The District Judge, Dhaka District Court,must conduct a weekly review of

caseflow management statistics andhold frequent, regular meetings with hisjudges their respective peshkars andsheristadars to keep them apprised ofproblems encountered and successes

achieved.



Ongoing Ongoing

Objective f: Continue to Involve the Local Media to Ensure the Public's Awareness of the Court's Efforts to Reduce the Civil Backlog

Newspaper articles and localtelevision news broadcasts intended

to inform and educate the publicregarding the court's progress in

reducing the civil backlog.

Regularly communicate with local printand electronic media representatives tokeep them apprised of the court's effortsto reduce the civil backlog so that they,

in turn, can inform the public on anongoing basis.


Court.TBD Ongoing

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EXHIBIT B

ACTIVE CASE COUNT

YEAR FIRSTFILED NUMBER OF PENDINGCIVIL CASES

1985 AND

BEFORE

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999


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2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

TOTAL

BY JUDGE

(NUMBER OF

JUDGES)

DISPOSITION

RATE THREE

MONTHS (PER

DAY)

DISPOSITION

RATE SIX

MONTHS (PERDAY)


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EXHIBIT C

Peoples Republic of Bangladesh


Case number: __________

Date: __________

Advocates name and last name

Address

Dear,

The Dhaka District Court has embarked on a special programme to reduce the

backlog of pending civil cases. The programme will focus on active civil cases filed

in 2010 and earlier. The Court has received the support of The Court has received the

support of Chief Justice Md. Muzammel Hossain and Md. Kazi Nazibullah Hiru, the

President of the Dhaka Bar Association, to implement this programme.

Implementation of this programme is scheduled for .

Special emphasis will be placed on reaching a mutually satisfactory settlement

between the parties already at the first hearing, given the fact that it is the most

beneficial dispute resolution method for the litigants, as well as for the Court itself.

Therefore, the Court expects you to come to hearings fully prepared to enhance the

possibility for settlement and to avoid unnecessary delay.

Namely, the Court requires that you fulfill your responsibilities established by the

law in a timely manner, in the manner stipulated by the law. Parties and/or their

advocates who fail to appear as scheduled or who appear unprepared will suffer the

consequences for omission stipulated by the law.

In addition, advocates are hereby informed that the Court will insist on the

following:

All hearing dates are firm.

There shall be no adjournments granted without a showing of exceptional

circumstances therefore.

Cases not resolved through settlement will proceed immediatelyto hearing.


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Parties and their advocates must appear as scheduled and they must be

prepared to discuss the merits of their respective positions and to negotiate a

fair and just settlement of the dispute.

Advocates must be vested with the full authority to make and solicit

disclosures related to, and for the purpose of, reaching agreements touching

all matters pertaining to the hearing, apart from those explicitly prohibited bythe Law.

The settlement conference judge(s) shall have the full authority to confer and

consult with all parties, to conduct private caucuses with advocate,

individual parties, corporate and municipal representatives and insurance

professionals, to suggest alternatives, analyze issues, question perceptions,

use logic, stimulate negotiations and keep order.

Participants shall be prepared to spend as much time as is necessary to settle

the case or until an impasse is declared by the judges involved in the attempt

to settle the case.

We look forward to your full cooperation in resolving as many cases as possible, as

soon as possible.

Thank you for your cooperation.

Respectfully,

Md. Abdul Majid

District and Sessions Judge


(Date)


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EXHIBIT D




Date: __________

Name and last name

Address

Dear,



in 2010 and earlier. The Court has received the support of The Court has received the

support of Chief Justice Md. Muzammel Hossain and Md. Kazi Nazibullah Hiru, the

President of the Dhaka Bar Association, to implement this programme.

Implementation of this programme is scheduled for .

According to the Courts official records, there has been no activity in the above

entitled matter for at least six months.

Within eight business days from the date of receiving this letter, you are required to

state whether you stand by your complaint or you withdraw it, e.g., renounce the

claim, or there are reasons stipulated by the law for the procedure to be discontinued

and abolished.

Your written response must be served in sufficient number of copies on the Courtand on the opposing party (parties), or YOU may serve it on the opposing party

(parties) yourself, e.g., to their advocate (advocates), with the condition to serve the

proof of successful delivery on the Court, and the Court must receive the written

response, e.g., the proof of delivery, within the specified deadline of eight business

days.

If the Court does not receive your written response by the above deadline, it will

consider the complaint withdrawn.



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Respectfully,

Md. Abdul Majid



(Date)


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EXHIBIT E




Date: __________

Name and last name

Address

Dear,

This confirms that a hearing in the above entitled matter is scheduled for (time and

date), before Judge .



in 2010 and earlier. The Court has received the support of Chief Justice Md.

Muzammel Hossain and Md. Kazi Nazibullah Hiru, the President of the Dhaka Bar

Association, to implement this programme.

Litigants and their advocates will hold a conference with a judge/judges

immediately before a scheduled hearing in every case. The purpose of this

conference is to affirm the parties readiness to proceed to hearing and to fully

explore all possibilities for settlement of the dispute with the parties.

To facilitate this and other case management efforts, parties and their advocates are

expected to:

Arrive on time, fully prepared to proceed with the settlement conference and

the trial.

Have fully informed the Court and the opposing parties of their own factual

statements, proposals for evidence presentation, circumstances evidences are

proposed for, specialties, names and last names of expert witnesses, with

specified task of the expert witnesses, names and surnames of witnesses, with

specified circumstances they are proposed for.

Have reached agreement on who the expert witnesses will be.


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Submit immediately to the Court and opposing party, if they have not

already done so, all documents and other exhibits they have proposed for

presentation or intend to propose, otherwise the Court would refuse them to

be introduced during the trial.

In cases in which a party claims money damages, provide a statement of the

elements of each such claim and the amount being sought with respect to eachelement.

Have attempted to communicate with the opposing party and/or his advocate

in an effort to resolve the dispute fully and amicably without the necessity of

a hearing.

In addition, each party is hereby informed that:

All hearing dates are firm.

There shall be no adjournments granted without a showing of exceptional

circumstances therefore.

Cases not resolved through settlement will proceed immediatelyto trial.

Parties or their advocates who fail to appear as scheduled or who appear

unprepared will suffer the consequences for omission stipulated by the law.

Advocates shall be vested with full authority to make and solicit disclosures

related to, and for the purpose of, reaching agreements touching all matters

pertaining to the dispute. The settlement conference judge(s) shall have the full authority to confer and

consult with all parties, to conduct private caucuses with advocate,

individual parties, corporate representatives and insurance professionals, to

suggest alternatives, analyze issues, question perceptions, use logic, stimulate

negotiations and keep order.

Participants shall be prepared to spend as much time as necessary to settle

the case or until an impasse is declared by the settlement judge.

Failure of any advocate, party or representative to comply with the terms ofthis order shall result in the consequences for omission stipulated by the law.

It is the Courts intent to dispose of this dispute in a fair and just manner, either

through settlement or hearing. Every effort will be made to encourage conciliation,

compromise and the ultimate settlement of this case without the necessity of a

hearing. Should a hearing prove necessary, the Court expects the parties to be ready

to proceed immediately following the conclusion of the settlement conference.


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Important note: This summons-order does not allow unlimited and free

presentation of new facts and new proposals for presentation of new evidence if a

pretrial or preparatory hearing has already been held, unless the party shows

exceptional circumstances to the Court that it was not able to do before.


Respectfully,

Md. Abdul Majid



(Date)


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EXHIBIT F

SAMPLE OPENING STATEMENT BY THE DISTRICT JUDGE OF THE

DHAKA DISTRICT COURT AT THE SETTLEMENT CONFERENCE

(Required Attendance by: District Judge of the Dhaka District Court, Settlement

Conference Judges, Advocates, Litigants and Sheristadar)

Good morning. We want to thank you all for being here today.

This matter has been scheduled for a settlement conference as part of this courts

Backlog Reduction Programme. The judge assigned to hear this case will not

participate in our efforts to settle it.

While settlement conference judges hear cases and have heard many as judges of

this court, they are not going to hear this case. We are here today solely to help you

reach a mutually acceptable resolution of this dispute.

If our efforts today are unsuccessful and the case does not settle, it will proceed

immediatelyto the office of the assigned judge who will hear the matter and make a

decision. In that event, one of you will lose and one will win. If you choose to

negotiate a mutually acceptable settlement, both of you win.

Have both sides shared witness lists and evidentiary materials, and prepared

settlement proposals and shared them with each other?

Are your witnesses here or on call, in the event this matter must proceed to hearing

today?

Are you aware of the articles of the Code of Civil Procedure, which provides for

sanctions for failure to appear or failure to adequately prepare for the settlementconference and the trial?

There are a few things we need to agree on right away. The first is confidentiality. To

preserve the impartiality of the assigned judge, nothing that we say here can go

beyond this room. We do not tell the assigned judge anything about our discussions.

We only say if the case settled or did not settle and that everyone either did or did

not appear as summoned. If we do settle the case, the settlement will be placed on

the record, but all our discussions will remain confidential. If we dont settle the case

and the litigation continues, nothing that anyone says can be raised during thehearing.


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Does everyone agree to that?

We will all stay together to talk about the case for as long as we can. If we break up

into groups, we will keep confidential anything that you want us to and share only

what you want shared with the other side.

Is that agreeable with you?

Second, while we may talk about the legal issues in the case, and we will talk about

the strengths and weaknesses of your case, we are not going to decide any legal

issues. The advocates know a great deal about the case certainly more than we do

and we can share our perspective if they ask, but essentially this is your opportunity

to have your day in court. You get to make the decision both of you as to how

we should resolve this dispute. If we dont settle the case, you still have all the fun

parts of litigation remaining for you a hearing, perhaps an appeal, more delay, and

of course, greater expense. If we settle the case today, all those go away and each

side can go on with their respective lives. But if we cannot settle it, then you have

not given anything up by coming here. Alright, usually we begin with the plaintiffs

side because the plaintiff is the one who filed this case, so lets hear from you

(plaintiffs lawyer speaks) and tell us briefly why you filed this case and what it is

about.

(Comments by plaintiffs lawyer)

Judge: Does the Plaintiff have anything to add to these comments? (Yes/No)

Now lets hear from Defendants counsel.

(Defendants lawyer speaks)

Judge: Does the Defendant have anything to add to these comments? (Yes/No)

Judge: Now that we have heard from both sides and have agreed on the groundrules, its time to explore the possibility of settlement. To facilitate our efforts, we

may ask you to take a short break to discuss the dispute among yourselves or hold

our private discussions or caucuses with each side to see if this case can be settled

today.

Let us proceed.


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EXHIBIT G

BACKLOG REDUCTION PROGRAMME DHAKA DISTRICT COURT

Monitoring Data for the Week Ending _______________

Beginning Universe ___

Lack of Prosecution Letters Sent (minus) ___

Cases Closed (equals) ___

By Settlement (minus) ___

By Judgment (minus) ___

Complaint withdrawn (minus) ___

Suspension of procedure (minus) ___

Complaint dismissed (minus) ___

Ending Universe (equals) ___

Adjournments

Unprepared (or FTA1) Advocates ___

Unprepared (or FTA) Expert Witnesses ___

FTA Witnesses ___

Parties Lack of Authority to Settle ___

Other ___

Monetary Sanctions Imposed

1Failure to Appear


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Advocates ___

Expert Witnesses ___

Witnesses ___

Litigants ___


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EXHIBIT H1

BRP Team Report for the Week Ending: ___ _______

Team I

Cases Assigned

to

Judge:

Number of Cases

Closed through

Judicial Settlement

Number of Cases Heard

following an unsuccessful

Settlement Conference

Cases Adjourned by the

Assigned Judge after the

Settlement Conference

Total Number of

Cases Closed this

Week

Judge

Judge

Judge

TOTAL


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EXHIBIT H2

BRP Team Report for the Week Ending: ___ _______

Team II

Cases Assigned toJudge:

Number of Cases

Closed throughJudicial Settlement

Number of Cases Heard

following an unsuccessfulSettlement Conference

Cases Adjourned by the

Assigned Judge after theSettlement Conference

Total Number of

Cases Closed thisWeek

Judge

Judge

Judge

TOTAL


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EXHIBIT I

IN THE DHAKA DISTRICT COURT

Plaintiff(s):

Defendant(s):

Case Number: _______________1

ORDER TO EXCHANGE INFORMATION

In order to facilitate the just, speedy, and inexpensive resolution of this case, the

parties and their advocates in this case are ordered to exchange the following

information within __ days of this order:

1. The name, address and telephone number of each individual likely to have

evidence or information that the disclosing party may use to support its

claims and defenses, identifying the subjects of the information;

2. A copy of, or a description by category and location of, all documents, data

compilations, photographs and tangible things that are in the possession,

custody, or control of the disclosing party and that the disclosing party may

use to support its claims or defenses;

3. A computation of any category of monetary damages claimed by the

disclosing party, making available for inspection and copying the documents

or other evidentiary material on which such computation is based, including

materials bearing on the nature and extent of injuries or damage suffered; and

4. For inspection and copying any insurance agreement under which any person

carrying on an insurance business may be liable to satisfy part or all of a

judgment which may be entered in the action or to indemnify or reimburse

for payments made to satisfy the judgment.

1All pleadings with regard to this case must be identified by the case number.


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5. A comprehensive settlement proposal that proposes to resolve all disputes

between the parties.

______________________________________ ______

Judges Signature Date

Copies to:

Sheristadar

Advocate for the Plaintiff

Advocate for the Defendant


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EXHIBIT JIN THE DHAKA DISTRICT COURT

Plaintiff(s):

Defendant(s):

Case Number: _______________1

CASE PREPARATION ORDER

This case is before this Court for consideration concerning readiness for a pretrial

hearing, a settlement conference and a trial.

It is hereby ORDERED:

The following deadlines shall govern further preparation and readiness of this case,

as more fully set forth hereafter.

Deadline for Disclosure of Plaintiff's Expert Witnesses: __________

Deadline for Disclosure of Defendant's Expert Witnesses: __________

Deadline for Disclosure of Plaintiffs Evidence __________

Deadline for Disclosure of Defendants Evidence: __________

Deadline for Disclosure of Plaintiffs Witnesses __________

Deadline for Disclosure of Defendants Witnesses: __________

Deadline for Submission of Plaintiffs Settlement Proposal: __________

Deadline for Submission of Defendants Settlement Proposal: __________

________________________________ _ ___________

Judges Signature Date

1All pleadings with regard to this case must be identified by the case number.


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EXHIBIT KIN THE DHAKA DISTRICT COURT

Plaintiff(s):

Defendant(s):

Case Number: _______________17

PARTIES REQUEST TO SCHEDULE THE ABOVE ENTITLED CASEFOR PRETRIAL HEARING, SETTLEMENT CONFERENCE AND

TRIAL

All defendants having RESPONDED and any non-answering defendants having

been DEFAULTED,

By their signatures below, the parties (or their advocates) hereby agree that the

above-entitled case is ready to be heard AND request that the matter be scheduled

for a pretrial hearing, a settlement conference and a trial at the Courts earliest

opportunity:

The following information is provided to assist the Court and the parties in

disposing of this dispute (check-off box):

Basis of Court's Jurisdiction:

Summary of the Dispute (attached)

Summary of Each Partys Case (attached) List of Exhibits (attached)

Names, Addresses, E-Mail and Telephone Numbers of Witnesses (attached)

Name, Address, E-Mail and Telephone Number of Expert Witness(s) and

Summary of Findings (attached)

Itemization of Claim(s) for Monetary Damages (attached)

17

All pleadings with regard to this case must be identified by the case number.


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Summary of Admitted Facts (attached)

Issues of Law to be determined by the Court (attached)

Parties Settlement Proposals (attached)

_______________________________ ___________________________________

Advocate for the Plaintiff Advocate for the Defendant

_______________________________ ___________________________________

Date Date

Note: If any party is not represented by an advocate, he/she should sign also.


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EXHIBIT LIN THE DHAKA DISTRICT COURT

Plaintiff(s):

Defendant(s):

Case Number: _______________18

SCHEDULING ORDER

PRETRIAL HEARING, SETTLEMENT CONFERENCE AND TRIAL

1. The parties shall hold an initial meeting to exchange case related information

not later than _____ days prior to the Pretrial Hearing ordered hereby. At the

parties discretion and where appropriate, this meeting may be held

telephonically.

2. The parties shall make and file the initial disclosures required by the Courts

Case Preparation order not later than _____ days following the meeting held

pursuant to paragraph 1 of this Order.

3. At the Pretrial Hearing, and a

Documents

Toolkit for Backlog Reduction