Toolkit For Backlog Reduction

Toolkit for Backlog Reduction
Justice Delayed A Guideline1 for 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.
This Guideline is designed as a working document 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.
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 delay
through effective, continuous caseflow 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-today 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 total number of pending cases (filed and
still awaiting disposition) is synonymous with the term backlog. By
dividing 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.
Caseflow 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.
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 cases
that 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 approaching those standards. 3
Caseflow 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.
For ease of use, this Guideline is divided into three major sections:
SECTION I
Implementing a Backlog
Reduction Programme
SECTION 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
If you want something you never had, you have to do

something you never did. Author Unknown4
SECTION I IMPLEMENTING A BACKLOG
REDUCTION 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 to
reduce 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 implementing
an 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 what it 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.
The 7 Habits of Highly Effective People, Stephen R. Covey, A Fireside Book, 1990
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 Plan is 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 the
Dhaka District Courts Backlog Reduction Programme. The participating judges
efforts must be focused solely on 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 courtwide policy, and promptly enforced by the court or the Dhaka Bar
Association;
6
2.
3.
4.
5.
Failure to appear Advocates, litigants, witnesses or expert witnesses who

fail to appear at a previously scheduled hearing or in response to a
properly served summons should be sanctioned accordingly;
Lack of preparation Private advocates, as well as advocates who
represent municipalities, government organizations or public
corporations, and who appear as scheduled but who are unprepared or
unauthorized to engage in meaningful settlement discussions should be
sanctioned accordingly;
Solemnity of the court Advocates who disrespect the solemnity of the
court by inappropriate dress, duplicity, or confrontational or threatening
behavior toward a judge or disregard of a promulgated policy or lawful
order of the court should be sanctioned accordingly; and
Failure to adhere to established deadlines Advocates, litigants, witnesses
or expert witnesses who fail to adhere to deadlines established by a judge
in writing or in open court should be sanctioned accordingly.
B. Adjournments
1.
2.
3.
Policy considerations The court should adopt and promulgate a firm

adjournment policy coupled with the judges demand that advocates be
fully prepared, and enforce that policy with substantial monetary
sanctions, e.g., 10,000 BDT. As discussed, infra, the immediacy of the trial
is conducive to settlement. Judges who routinely grant adjournments
greater than ten business days contribute to the growth of the courts
backlog. To be effective, such policy must be uniformly enforced by all of
the judges, without exception;
Restrict adjournments In no event, should a judge adjourn a case on
calendar for trial more than once and substantial good cause should be
required before such request for adjournment is granted; and
Limit time between hearings to ensure compliance and to continue
pressure The elapsed time between a pretrial or preparatory hearing
and the trial in the same case should never exceed ten business days.
Litigants and their advocates should be expected to pursue vigorously the
prompt resolution of their respective disputes.
C. Communication with the Public
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 and
deadlines, 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.
2.
3.
4.
5.
6.
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;
Plaintiffs advocates should be required to provide service of process to
defendants and their advocates, as well as to plaintiffs witnesses and
expert witnesses;
Personal service during late afternoon, early evening hours or weekends,
when the parties are more likely to be at home, should be attempted;
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 must be assured that litigants
and witnesses have been properly served, that discovery has been
completed and that the case is genuinely ready to proceed;
Before any judicial involvement, the case should be at-issue or, in other
words, ready to be heard;
Once at-issue, the case should become the property of the court and
subject to its total control. 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;
7.
8.
9.
10.
11.
12.
Early and firm hearing dates are associated with more prompt disposition
of cases. Every case should be on schedule for a date certain and a purpose
certain;
The age of the respective case should be a significant factor in all aspects of
the system, particularly when scheduling cases for hearing. Without
exception, older cases should be heard first. The oldest pending cases
should be designated as a class of cases deserving priority in the work of
the court;
A pretrial or preparatory hearing should be scheduled as soon as possible,
e.g., not more than ten business days after the case is at-issue. At the
pretrial hearing, all litigants and their advocates should be required to
appear. In the undesirable event that an advocate who represents a
litigant appears in his/her clients place and stead, he/she must have full
authority to settle the case on behalf of his/her client(s);
In a court that schedules firm hearing dates and restricts adjournments,
advocates know there will be a judge available on the scheduled hearing
date, leading them to complete investigative work, discovery 6 and
preparation for settlement or trial. If this does not result in a successful
settlement conference, the trial can begin immediately thereafter, as
scheduled;
The pace of litigation is more the result of local legal culture than court
structure, policies, processes, procedures, caseload or backlog. The local
legal culture can be changed to improve the pace of litigation but judges
must be uniformly dedicated to reducing unacceptable delay. This is
required at the commencement of the case and at every step along the way;
The District Judge of the Dhaka District Court, as well as all judges,
peshkars and sheristadars, should be fully committed to reducing delay in
their court. There should be a common willingness to alter existing
relationships among judges, advocates and court personnel, and adequate
time and resources to effect change while closely monitoring advocates
and judges compliance. Those courts, judges and staffs who achieve
success should be formally recognized by the Chief Justice and provided
with monetary performance awards, certificates, Judge of the Year, et
cetera, in recognition of their efforts;
Discovery is defined as compulsory disclosure, or inquiry into, any information that reveals facts
and develops evidence relevant to the subject matter of the action. Blacks Law Dictionary, Seventh
Edition, 1999.
6
13.
14.
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
A pilot court 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 may be 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 approval
of 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
The 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.
10
The peshkars and sheristadars should begin by reviewing the various registries, as
well as active case files, to identify all civil 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 cases
should 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 any advocate
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 all
advocates who routinely practice in his court to inform them about the impending
11
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 court
should 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 and which
have been inactive for 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 immediately scheduled 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 days prior 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
12
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 all litigants, 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 immediately to 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, and
municipal and public or private corporate representatives;
All advocates representing municipalities, public corporations or
governmental institutions must be 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
14
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 summons
have 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 support
services 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 contact
information, 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, the procedural correctness 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
15
substantive correctness 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/her
attention 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 key to the courts successful management
of the case. There should be no delay 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 not
more 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 Conference 9
An 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 issues
are 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 se parties 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.
8
It 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 not assigned 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 the
proper 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
immediately upon 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 required
to ensure a meaningful settlement conference.
17
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.
18
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 must be 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 Backlog
Reduction 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 its
success.
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
19
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 or compiled weekly by 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, shorter adjournments 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;
20
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.
21
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
clearly place 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 jointly sign 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 delivered
by 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
10
See attached flowcharts for illustration of suggested legislative changes.
22
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 the
defendants 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 a
courts 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 numbers of 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.

No case 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 dismissed
forthwith.
23
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 frighten
potential 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:
24
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 Court
Executed on (date) at (jurisdiction), Bangladesh
11
Judicial Council of California, Administrative Office of the Courts, State of California, United States of America.
25
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
by Albert Venn Dicey in his Law of the Constitution in 1895. 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. [Appointed
government officials and politicians, alike] ...and all subordinates, though
26
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 Code appears 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.
12
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.
Law of the Constitution, Albert Venn Dicey, 1895
27
Preserving Institutional Awareness The court is an institution, a pillar of

Bangladeshi society. The District Judge, the judges, the peshkars and
sheristadars are the caretakers of that institution. As such, they have a
sacred obligation to leave the court in better shape than they found it and
uphold that awareness.
As George Bernard Shaw 13 said, Progress is impossible without change, and

those who cannot change their minds cannot change anything.
George Bernard Shaw (26 July 1856 2 November 1950) was an Irish playwright and a co-founder
of the London School of Economics. Although his first profitable writing was music and literary
criticism, in which capacity he wrote many highly articulate pieces of journalism, his main talent was
for drama, and he wrote more than 60 plays. He was also an essayist, novelist and short story writer.
Nearly all his writings address prevailing social problems, but have a vein of comedy which makes
their stark themes more palatable. Issues which engaged Shaw's attention included education,
marriage, religion, government, health care, and class privilege.
13
He was most angered by what he perceived as the exploitation of the working class. An ardent
socialist, Shaw wrote many brochures and speeches for the Fabian Society. He became an
accomplished orator in the furtherance of its causes, which included gaining equal rights for men and
women, alleviating abuses of the working class, rescinding private ownership of productive land, and
promoting healthy lifestyles. For a short time he was active in local politics, serving on the London
County Council.
28
EXHIBIT A
Desired Outcome
Activities
Responsible and
Accountable
Person(s)
Tentative Start
Date
Tentative Finish
Date
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 the

Dhaka District Court to discuss the
civil caseload backlog and secure
their support to implement a
Backlog Reduction Programme in
their court.
Prior to the scheduled meeting, provide

the judges with a copy of the court's
pending civil caseload statistics, listed
chronologically by case age, for their
review. At the scheduled meeting,
discuss the court's backlog and answer
any questions the judges may have.
Request the judges' support and
assistance in implementing a Backlog
Reduction Plan in the Dhaka District
Court.
The District Judge of

the Dhaka District
Court.
Objective b: Orient the Chief Justice and Obtain his Support
To Be Determined
(TBD)
TBD
A meeting with the Chief Justice to

discuss the caseload backlog in the
Dhaka District Court, and secure the
Chief Justice's support to implement
a Backlog Reduction Programme
there. Such support includes the
"relaxation" of any "norm," quota or
credit requirements for those judges
who participate in the Backlog
Reduction Programme.
At the scheduled meeting, tell the Chief

Justice about the extent of the backlog,
providing him with supporting statistical
documentation, and answer any
questions he may have. Request the
Chief Justice's support to implement a
Backlog Reduction Plan in the Dhaka
District Court, including the "relaxation"
of the productivity "norm," quota or credit
requirements for those judges who
participate in the Backlog Reduction
Programme.

the Dhaka District
Court.
TBD
TBD
Objective c: Communicate with the President and members of the Dhaka Bar Association
A Bench-Bar Committee, so that

judges and advocates can work
together to reduce the court's
backlog and resolve other common
problems.
Schedule frequent and regular meetings

with members of the local Bench-Bar
Committee to keep them apprised of the
court's efforts to implement a Backlog
Reduction Programme, as well as a
caseflow management improvement
plan, and strive for a common
understanding of case management
problems and a collective response of all
involved to solve them.

the Dhaka District
Court, a senior
sheristadar and
peshkar, and the
President of the Dhaka
Bar Association.
TBD
TBD
Objective d: Inventory Pending Civil Cases
30
A comprehensive inventory of
pending civil cases listed
chronologically by year.
Count the pending civil cases, sort by

year filed and record the case numbers.
Also identify the judge assigned to the
respective case.
A senior sheristadar,
acting under the
direction of the District
Judge, Dhaka District
Court
TBD
TBD
Objective e: Establish a Disposition Time Standard for Processing Civil Cases
Written time standard in which a

civil case should be disposed of by
the Dhaka District Court.
Discuss with the District Judge of the

Dhaka District Court, and arrive at a
mutually acceptable disposition time
standard, e.g., 24 months, for the
processing of all civil cases from filing to
disposition.
The civil judges, acting

in 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 civil

cases that fall outside of the
established disposition time
standard.
Review the case files of those cases that

fall outside of the established disposition
time standard, chronologically list the
case numbers and discuss with the
District Judge of the Dhaka District
Court.
The judges, acting in

concert with, and under
the direction of, the
District Judge of the
TBD
TBD
Objective g: Screen Subject Cases in Chronological Order Using the District Judge, Two or More Experienced Civil Judges Temporarily
Assigned by the District Judge together with their Respective Peshkars and Sheristadars
31
An awareness of the extent of the

backlog and the probable amount of
work required to dispose of it.
Review subject cases in chronological

order (oldest case first) to determine
status and to become familiar with the
respective issues.
District Judge and two

or more experienced
civil judges assigned
temporarily by the
District Judge together
with their respective
peshkars and
sheristadars.
TBD
TBD
Objective h: Notice Litigants and/or their Advocate of Record, Requiring them to Inform the Court Why Those Cases that Have Been
Inactive for Six Months or Longer Should Not be Dismissed for Lack of Prosecution
A form letter is sent to litigants and

their advocates requiring them to
inform the court why those cases
that have been inactive for six
months or longer should not be
dismissed for lack of prosecution.
With the assistance of the District Judge

of the Dhaka District Court, draft and
mail by registered mail a form letter to
litigants or their advocates requiring
them to inform the court why those
cases that have been inactive for six
months or longer should not be
dismissed for lack of prosecution.
The respective
peshkars and
sheristadars
TBD
TBD
Objective i: Schedule a Mandatory Settlement Conference with Litigants and their Advocates to Determine the Status of their Respective
Cases; Conduct Meaningful Settlement Negotiations
32
Specially set calendar call or

scheduled status conference for
every 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 of
all pending civil cases older than 24
months that have already undergone a
pretrial or preparatory hearing and are
presumed to be ready for trial.
The District Judge and

at least two teams of
three judges each,
together with their
respective peshkars
and sheristadars.
TBD
TBD
Objective j: Regularly Monitor and Evaluate Progress, Continuing the Backlog Reduction Programme Until the Desired Results Have Been
Achieved
Comprehensive weekly statistical
reports showing the number of
cases scheduled and the number
and percentage of those disposed
of.
Carefully track the progress of the court's

efforts counting the number of cases
scheduled, the number settled and the
number heard. Report regularly to the
Chief Justice and the media.

three judges each,
together with their
respective peshkars
and sheristadars.
TBD
TBD
Objective k: Impose Monetary Sanctions on Advocates, Expert Witnesses, Witnesses and Litigants Who Fail to Appear, Appear
Unprepared to Proceed or Fail to Comply with the Court's Orders, Policies, Directives or Deadlines
Substantial monetary sanctions

imposed on advocates, expert
witnesses, witnesses and litigants
who fail to appear, appear but are
unprepared to proceed, or fail to
comply with the court's orders,
policies, directives or deadlines.
Promptly impose significant monetary

sanctions on advocates, expert
witnesses, witnesses and litigants who
fail to appear, appear but are
unprepared to proceed, or fail to comply
with the court's orders, policies,
directives or deadlines. Ensure that
such sanctions are timely enforced.
The District Judge,

working together with
the judge teams.
As necessary
Ongoing as a
matter of court
policy
33
Objective l: Involve the Local Print and Electronic Media to Ensure the Public's Awareness of the Court's Efforts to Reduce the Civil
Backlog
Newspaper articles and local news

broadcasts that draw the public's
attention to the court's efforts to
reduce the civil backlog.
Communicate with the local print and

electronic media to identify primary
contacts who would be interested in the
court's efforts to reduce the civil backlog
and report their findings to the public on
a regular basis.
The District Judge,

Dhaka District Court,
and the Registrar.
TBD
TBD
Goal 2 - Implement a Caseflow Management Improvement Plan in the Dhaka District Court
Objective a: Pay Strict Attention to Principles of Total Case Management
Schedule of frequent, regular

meetings of the judge teams
together with their respective
peshkars and sheristadars, to
discuss case management issues
and formulate court policy.
For example: (1) Regularly review,

discuss, debate and experiment with
principles of total case management. (2)
Ensure that every case, without
exception, is scheduled for a date certain
and a purpose certain. (3) Require
judges to dispose of oldest assigned
cases first. (4) Impose substantial
monetary sanctions on litigants or their
advocates who are not prepared or who
fail to appear. (5) Adopt and enforce a
strict court policy governing
adjournments. (6) Require payment of a
filing fee from those who can afford to
pay to ensure that they are serious about
invoking the courts jurisdiction. (7)
Schedule firm hearing dates.

three judges each,
together with their
respective peshkars
and sheristadars.
TBD
TBD
34
Objective b: Adhere Strictly to Rules of Court, Standard Case Processing Time Frames, Deadlines and Other Requirements.
Review and discuss the pertinent articles

of the Code of Civil Procedure that
directly impact the court's ability to
manage its caseload.

three judges each,
together with their
respective peshkars
and sheristadars.
TBD
TBD
Ongoing
Ongoing
Objective c: Strive to Continuously Improve Service of Process

In collaboration with the Postal Service,
continuously review and evaluate the
quality of the service of process provided
by the Postal Service; alter work
schedules for the court's couriers so that
they may deliver or serve process every
day from 0700 to 2000, especially during
the hours when parties are most likely to
be at home and/or require delivery by
the parties.

three judges each,
together with their
respective peshkars
and sheristadars.
Objective d: Improve the Use of Pretrial to Ensure Readiness and Facilitate Settlement
Take full advantage of the pretrial or

preparatory hearing to share evidence
and witnesses, ensure readiness and
assertively push for settlement of the
subject dispute.

three judges each,
together with their
respective peshkars
and sheristadars.
Ongoing
Ongoing
35
Objective e: Continuously 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 and
hold frequent, regular meetings with his
judges their respective peshkars and
sheristadars to keep them apprised of
problems encountered and successes
achieved.

three judges each,
together with their
respective peshkars
and sheristadars.
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 local

television news broadcasts intended
to inform and educate the public
regarding the court's progress in
reducing the civil backlog.
Regularly communicate with local print

and electronic media representatives to
keep them apprised of the court's efforts
to reduce the civil backlog so that they,
in turn, can inform the public on an
ongoing basis.

the Dhaka District
Court.
TBD
Ongoing
36
EXHIBIT B
ACTIVE CASE COUNT
YEAR FIRST
FILED
1985 AND
BEFORE
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
NUMBER OF PENDING
CIVIL CASES
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 (PER
DAY)
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 immediately to hearing.
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 by
the 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)
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 Court
and 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.
Respectfully,
Md. Abdul Majid

(Date)
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.
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 each
element.
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 immediately to 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 of

this 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.
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)
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
immediately to 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 settlement
conference 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 the
hearing.
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 ground
rules, 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.
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 FTA 1) Advocates
___
Unprepared (or FTA) Expert Witnesses
___
FTA Witnesses
___
Parties Lack of Authority to Settle
___
Other
___
Monetary Sanctions Imposed

1
Failure to Appear
Advocates
___
Expert Witnesses
___
Witnesses
___
Litigants
___
EXHIBIT H1
BRP Team Report for the Week Ending: ___
_______
Team I
Cases Assigned
to
Judge:
Judge
Judge
Judge
TOTAL
Number of Cases
Closed through
Judicial Settlement
Number of Cases Heard

following an unsuccessful
Settlement Conference
Cases Adjourned by the

Assigned Judge after the
Total Number of
Cases Closed this
Week
EXHIBIT H2
BRP Team Report for the Week Ending: ___
_______
Team II
Cases Assigned to
Judge:
Judge
Judge
Judge
TOTAL
Number of Cases
Closed through
Judicial Settlement
Number of Cases Heard

following an unsuccessful
Cases Adjourned by the

Assigned Judge after the
Total Number of
Cases Closed this
Week
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.
All pleadings with regard to this case must be identified by the case number.
5.
A comprehensive settlement proposal that proposes to resolve all disputes

between the parties.
______________________________________
Judges Signature
Copies to:
Sheristadar
Advocate for the Plaintiff
Advocate for the Defendant
______
Date
EXHIBIT J
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
EXHIBIT K
Plaintiff(s):
Defendant(s):
Case Number: _______________ 17
PARTIES REQUEST TO SCHEDULE THE ABOVE ENTITLED CASE

FOR 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
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.
EXHIBIT L
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 after consultation with the parties and
considering the nature of the dispute to be resolved, the Court will decide
whether further compliance with the Code of Civil Procedure is necessary or
appropriate in this case. If further compliance is excused, limited or
conditioned, the Court will enter such further scheduling orders at the
Pretrial Hearing as may be appropriate under the circumstances.
4. Parties compliance with the deadlines established for exchanging
information and for filing separate settlement proposals and trial time
estimates will be discussed at the Pretrial Hearing.
18
5. Advocates are to have access to such information as they deem necessary to

advise the Court of the reasonableness and convenience of the scheduling of
the trial. The court may set the matter for a settlement conference and trial at
the Pretrial Hearing.
6. Any witnesses or exhibits not timely disclosed will not be heard or admitted
into evidence. The failure of any party to cooperate in and/or timely comply
with these procedures may result in the imposition of monetary sanctions
against such party and/or the advocate for such party.
7. The Court must be notified of any settlement in this case not later than 1200
on the Friday preceding the date scheduled for the trial.
8. The parties are directed to consult with all witnesses forthwith regarding
availability for hearing. Any requests for adjournment of the trial based upon
the unavailability of a party, advocate, expert witness or witness must be filed
within _____ days of the date of this order. No adjournments shall be granted
after this deadline except upon a showing of exceptional circumstances
therefore.
9. Not later than _____ days prior to the date scheduled for the pretrial hearing,
advocates for all parties shall meet together pursuant to arrangements to be
made by the advocate for the Plaintiff in a good faith effort to prepare a
JOINT SETTLEMENT PROPOSAL.
10. The joint settlement proposal shall be filed at least _____ days prior to the
date scheduled for the pretrial hearing.
11. In order that the intended purposes of the pretrial hearing are accomplished,
all meetings of advocates, including the pretrial hearing, shall be attended by
advocates who will participate in the hearing of the case, and who are vested
with full authority to make, solicit or negotiate disclosures, agreements or
settlements touching all matters pertaining to the trial.
12. The parties and their advocates are ordered to COMPLETE THE
EXCHANGE OF INFORMATION and share their PROPOSALS FOR
SETTLEMENT at least ____ days prior to the date scheduled for the pretrial
hearing below.
13. A PRETRIAL HEARING will be held on __________ at ________, before
Judge ______________.
14. A SETTLEMENT CONFERENCE will be held on __________ at ________,
before Judges ______________ and _______________.
15. In the event that this case does not settle, the witnesses, parties, and their
advocates and witnesses will proceed immediately to the office of Judge
_______________ for the TRIAL.
______________________________________________
Judges Signature
_____________________________________________________
Date

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Toolkit for Backlog Reduction

Justice Delayed A Guideline1 for the Implementation

United Nations Development Programme

Properly understood, caseflow management is the absolute heart of court

Using Statistical Data to Monitor the

Law Reform: Total Case Management

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

Policy considerations Monetary sanctions or costs to compel

Failure to appear Advocates, litigants, witnesses or expert witnesses who

Policy considerations The court should adopt and promulgate a firm

C. Communication with the Public

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

Accurate, current advocate and party address and mobile telephone

The most important element in implementing a successful Backlog

Step 4 Selecting and Orienting the Participating Judges

Litigants and their advocates should be expected to:

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

Their own factual statements, including proposals for evidence

All hearing dates are firm;

Step 13 Determining the Roles of Peshkars and Sheristadars

substantive correctness should be the responsibility of the defendant or his advocate,

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

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

Continuing the Settlement Conference On their own motion, the settlement

SECTION II MONITORING THE PROGRESS OF A

Frequent, regular meetings of the participating judges The judges who

Statistical Data Collection, Analysis and Distribution

Frequent, regular collection of meaningful data elements by the respective

Progress Monitoring Tools

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

All three monitoring tools should be completed or compiled weekly by the

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

SECTION III PROSPECTS FOR LEGISLATIVE

Should JUSTs Backlog Reduction Programme prove successful, the Ministry of

Discovery (exchanging information as a prerequisite to the first pretrial

See attached flowcharts for illustration of suggested legislative changes.

Case Management Statutes should be enacted, amended or modified to

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

Consistently Applying the Courts Total Case Management Policies To be

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

Law of the Constitution, Albert Venn Dicey, 1895

Preserving Institutional Awareness The court is an institution, a pillar of

As George Bernard Shaw 13 said, Progress is impossible without change, and

A meeting with the judges of the

Prior to the scheduled meeting, provide

The District Judge of

Objective b: Orient the Chief Justice and Obtain his Support

A meeting with the Chief Justice to

At the scheduled meeting, tell the Chief

The District Judge of

A Bench-Bar Committee, so that

Schedule frequent and regular meetings

The District Judge of

Objective d: Inventory Pending Civil Cases

Count the pending civil cases, sort by

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

Written time standard in which a

Discuss with the District Judge of the

The civil judges, acting

Chronological list of pending civil

Review the case files of those cases that

The judges, acting in

An awareness of the extent of the