March 2024 Civil Justice Reform Act

Introduction

The Civil Justice Reform Act of 1990 (CJRA) requires the Director of the Administrative Office of the United States Courts (AO), under 28 U.S.C. § 476, to prepare a semiannual report showing, by U.S. district judge and U.S. magistrate judge, all motions pending more than six months, all bench trials that have remained undecided more than six months, and all civil cases pending more than three years. In accordance with the policy of the Judicial Conference of the United States, this report also presents data on bankruptcy appeals pending more than six months (Rpt. of Proc. of JCUS, Mar. 10, 1998, at 11) and Social Security appeals pending more than six months (Rpt. of Proc. of JCUS, Sept. 15, 1998, at 63). The reporting requirements under the CJRA are designed to help reduce both costs and delays in civil litigation in the district courts. The information also may be used to evaluate demands on the district courts’ resources.

The CJRA report is prepared through the use of the Case Management/Electronic Case Files (CM/ECF) system. As a result, pending motions, bench trials, three-year-old cases, bankruptcy appeals, and Social Security appeals are reported in a standardized and consistent fashion.

Appendix A provides data for each district judge and magistrate judge on motions pending, bench trials submitted, cases pending more than three years, bankruptcy appeals pending, and Social Security appeals pending. The CJRA requires the AO Director to establish uniform standards for determining when a motion, bench trial, case, or bankruptcy appeal is “pending”; Appendix B lists these definitions.

Along with the semiannual consolidated national report, the AO prepares a supplemental report, A Report on Motions Pending for More Than Six Months, Bench Trials Submitted for More Than Six Months, Civil Cases Pending Three Years or More, Bankruptcy Appeals Pending for More Than Six Months, and Social Security Appeals Pending for More Than Six Months, that provides detailed information regarding the individual cases, motions, bench trials, and appeals pending in the district courts. This document is available to the public through the district courts, the executive offices of the U.S. courts of appeals, and the Administrative Office of the U.S. Courts.

Report Findings

The information in this report presents what may best be described as a “snapshot” of motions pending more than six months, bench trials submitted more than six months, civil cases pending more than three years, bankruptcy appeals pending more than six months, and Social Security appeals pending more than six months on March 31, 2024. District judge and magistrate judge caseloads change constantly, so many of the matters pending on March 31, 2024, have since been decided or transferred to other judges. Therefore, persons using reports of this type should take into account the state of change in the district courts’ pending caseloads. Although the information provided in this report pertains to the pending civil caseload of district judges and magistrate judges, readers should take into consideration the overall case processing demands placed on the courts by both civil and criminal matters. An accurate assessment of the demands placed on the district courts also requires consideration of numerous factors, including vacant judgeships and the effects of all cases making up each court’s caseload.

Methodology

This national report is designed to place special emphasis on detailed analyses that are extracted from the national CM/ECF system. Each district court is required to analyze the reasons for delays in disposing of motions, bench trials, three-year-old cases, bankruptcy appeals, and Social Security appeals. Judges use status codes to provide reasons for delays in these matters (see Appendix C). The nature of suit codes for types of civil litigation appear in Appendix D. More specific information about cases pending, motions pending, bench trials submitted, bankruptcy appeals pending, and Social Security appeals pending on September 30, 2023, and March 31, 2024, appears in CJRA Tables 1-4.

Number of Motions Pending on March 31, 2024

Motions. The total number of motions pending more than six months for all district judges and magistrate judges increased by 43 motions (up less than 1 percent) from 9,545 on September 30, 2023, to 9,588 on March 31, 2024. Ninety-four percent of all motions pending were before district judges, and 6 percent were before magistrate judges.

For this CJRA report, nine circuits reported increases in pending motions, and three circuits reported decreases. The largest rises in pending motions occurred in the Fifth Circuit (up 186 motions), Eighth Circuit (up 157 motions), and First Circuit (up 122 motions). Within these circuits, the following districts reported the largest increases in pending motions (in many types of civil cases): the District of Puerto Rico (up 142 motions), Western District of Texas (up 129 motions), and District of North Dakota (up 90 motions).

Primary Reasons for Delays in Pending Motions. District courts provided one or more status codes to indicate primary reasons for delays for each of the 9,588 pending motions reported for March 31, 2024. The status codes cited most often were awaiting materials (2,296 motions), opinion/decision in draft (1,984 motions), heavy criminal and civil caseload (1,854 motions), complexity of case (1,842 motions), voluminous briefs/transcripts to be read (1,078 motions), and demands of criminal docket (778 motions).

Primary Nature of Suit Codes in Pending Motions. The primary nature of suit codes provided most often by district courts for pending motions were other statutory actions (2,316 motions), civil rights (1,970 motions), contract (1,100 motions), prisoner petitions (1,035 motions), intellectual property rights (686 motions), and labor (547 motions).

Number of Bench Trials Submitted Pending on March 31, 2024

Bench Trials. The total number of bench trials pending more than six months for all district judges and magistrate judges decreased by 5 to 66 on March 31, 2024. Ninety-seven percent of all bench trials submitted were before district judges, and 3 percent were before magistrate judges. Seven of the 12 circuits reported reductions in pending bench trials, in 2 circuits the totals remained unchanged, and 3 circuits reported growth.

Primary Reasons for Delays in Pending Bench Trials. District courts provided one or more status codes to indicate the primary reasons for delays for each of the 66 pending bench trials reported for March 31, 2024. The status codes cited most often were opinion/decision in draft (39 trials), voluminous briefs/transcripts to be read (21 trials), complexity of case (17 trials), heavy criminal and civil caseload (14 trials), and parties given additional time to file supplemental briefs (4 trials).

Primary Nature of Suit Codes in Pending Bench Trials. The primary nature of suit codes provided most often for pending bench trials were contract (19 trials), civil rights (12 trials), intellectual property rights (8 trials), labor (4 trials), and real property (4 trials).

Number of Bankruptcy Appeals Pending on March 31, 2024

Bankruptcy Appeals. Bankruptcy appeals pending more than six months increased 22 percent from 103 on September 30, 2023, to 126 on March 31, 2024. All of these pending bankruptcy appeals were reported by district judges. Increases occurred in 7 of the 12 circuits, 2 circuits had decreases, and the totals for 3 circuits remained unchanged. Five circuits accounted for 82 percent of all pending bankruptcy appeals: the Ninth Circuit (27 appeals), Third Circuit (23 appeals), Second Circuit (23 appeals), Fifth Circuit (19 appeals), and Seventh Circuit (11 appeals).

Primary Reasons for Delays in Pending Bankruptcy Appeals. District courts provided one or more status codes to indicate reasons for delays for each of the 126 pending bankruptcy appeals reported for March 31, 2024. The status codes cited most often were heavy criminal and civil caseload (30 appeals), voluminous briefs/transcripts to be read (27 appeals), complexity of case (26 appeals), opinion/decision in draft (22 appeals), awaiting materials (17 appeals), and recently received from the calendar of another judge (10 appeals).

Number of Social Security Appeals Pending on March 31, 2024

Social Security Appeals. Social Security appeals pending more than six months dropped 6 percent from 1,269 on September 30, 2023, to 1,195 on March 31, 2024. District judges reported 54 percent of these appeals; magistrate judges reported 46 percent. Five of the 12 circuits reported decreases, and 7 reported increases. The largest reductions in pending Social Security appeals occurred in the Second Circuit (down 80 appeals), Tenth Circuit (down 38 appeals), Ninth Circuit (down 25 appeals), First Circuit (down 4 appeals), and Eighth Circuit (down 1 appeal).

Primary Reasons for Delays in Pending Social Security Appeals. District courts provided one or more status codes to indicate reasons for delays for all 1,195 pending Social Security appeals reported for March 31, 2024. The status codes cited most often were voluminous briefs/transcripts to be read (547 appeals), heavy criminal and civil caseload (288 appeals), opinion/decision in draft (123 cases), recently received from the calendar of another judge (84 appeals), referred to magistrate judge (64 appeals), and assigned to new judge (39 appeals).

Primary Nature of Suit Codes in Pending Social Security Appeals. Sixty percent of pending Social Security appeals (716 appeals) involved disability insurance, 29 percent (351 appeals) addressed supplemental security income, and 11 percent (126 appeals) were related to retirement and survivors’ benefits.

Number of Civil Cases Pending on March 31, 2024

Civil Cases. The number of civil cases pending more than three years increased 14 percent (10,192 cases) from 71,425 on September 30, 2023, to 81,617 on March 31, 2024. District judges reported 99 percent of all pending three-year-old cases, and magistrate judges reported 1 percent. Three-year-old cases grew in 6 of the 12 circuits and declined in 6 circuits. The largest growth occurred in the Third Circuit, which had 10,842 more pending cases, most of them part of multidistrict litigation consisting of healthcare/pharmaceutical lawsuits addressing Johnson & Johnson talcum powder products. The second-largest growth occurred in the Ninth Circuit, which had 663 more pending cases, most of them part of multidistrict litigation in which plaintiffs accused JUUL, Labs Inc. of failing to provide accurate information about the addictiveness of its products and of unlawfully marketing them to minors.

Primary Reasons for Delays in Pending Civil Cases. District courts provided one or more status codes to indicate reasons for delays for all 81,617 civil cases reported for March 31, 2024. The status codes cited most often were multidistrict litigation (70,351 cases), complexity of case (3,032 cases), awaiting materials (1,995 cases), extensive discovery involved (1,568 cases), referred to magistrate judge (1,408 cases), trial scheduled (1,373 cases), heavy criminal and civil caseload (1,269 cases), opinion/decision in draft (1,032 cases), and settlement pending (1,028 cases).

Primary Nature of Suit Codes in Pending Civil Cases. The primary nature of suit codes given most often by district courts for pending civil cases were health care/pharmaceutical (59,434 cases), personal injury/product liability (5,829 cases), prisoner petitions (2,672 cases), civil rights (2,401 cases), other personal injury (2,142 cases), Racketeer Influenced and Corrupt Organizations (RICO) (1,880 cases), contract (1,505 cases), and labor (810 cases).