The San Francisco Superior Court has announced that due to
severe budget constraints, the court will implement a 40% reduction
in staff, including eliminating 11 of the court's 12
commissioners. On October 3, 2011, the court will also close 25
courtrooms indefinitely, including 12 civil trial departments, both
of its complex litigation departments, one law and motion/discovery
department and one case management department.
Parties with civil litigation pending in San Francisco Superior
Court are likely to experience significant delays in the processing
of their cases. Because criminal cases are subject to speedy trial
laws, all San Francisco court closures will occur in the civil
division, which will be left with only three courtrooms to conduct
trials. It is estimated that it will now take up to five years for
newly filed civil cases to proceed to trial. Long delays can also
be expected in the scheduling and hearing of motions and other
pretrial procedures.
Budget cuts and resulting layoffs are also affecting other Bay Area
counties, including Santa Clara, San Mateo, Alameda and Contra
Costa. Some delay in the processing of cases is expected to occur
in these counties. The situation is expected to get worse before it
gets better, and civil cases in Bay Area counties will likely face
substantial delays for the foreseeable future.
Possible Solutions for Bay Area Litigants
Careful consideration needs to be given to choice of venue. For example, Santa Clara County is currently a faster alternative than San Francisco County for a party initiating litigation in the Bay Area, assuming the party has a viable basis for that choice. To date, Santa Clara County has no plans to close courthouses. In addition, where applicable and putting aside other considerations, federal court is likely to result in faster and more efficient processing of civil cases than many Bay Area county courts. Finally, private arbitration should also be considered as a means of avoiding the potential gridlock facing civil litigation in Bay Area county courts.
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