Federal Courts Corner: When Will The Court Make A Decision About My Motion?

Clients always ask: When will the Court make a decision about my motion? The general rule is that lawyers cannot predict with any certainty when the federal courts will resolve any particular pending motion.

In the federal courts, there is no requirement that judges issue an opinion within any time frame. However, the Civil Justice Reform Act (the "CJRA") provides some guidance.  It encourages judges to resolve matters before them within a certain period of time.

Among other things, the Act periodically requires the District Courts to publish a report, listing the motions that remain unresolved for more than six months, along with the judge to which the motion and matter is assigned. Colloquially, in the District of New Jersey, we refer to this as the "Six Month List."  Similarly, the Act requires publication of all cases, and the judge to which it is assigned, that remain open three years after the filing of the initial complaint.