Civil Justice Reform

This executive order establishes internal guidelines for federal civil litigation to promote settlement, alternative dispute resolution, and efficient case management. It also requires agencies to draft clearer legislation and regulations to minimize litigation, and directs improvements in administrative adjudication processes. The order explicitly creates no private enforceable rights and applies only to civil matters commenced after its effective date.

Federal Register Open PDF 61 FR 4729

Impact dates

May 5, 1996
EO becomes effective; applies to litigation commenced on or after this date

Key directives

Litigation counsel must attempt pre-filing notice and settlement before filing complaints
Litigation counsel shall evaluate and pursue settlement throughout litigation, including Rule 16 conferences
Agencies shall establish coordinated procedures for review of document discovery requests by senior lawyers
Sanctions motions must be reviewed by agency sanctions officer (senior supervising attorney) before filing
Agencies shall review proposed legislation and regulations to eliminate ambiguity, minimize litigation, and provide clear legal standards
Agencies shall implement Administrative Conference recommendations on case management in administrative adjudication
Agencies shall review administrative adjudicatory processes to reduce delay, facilitate self-representation, expand non-lawyer counseling, and address decision-maker bias
Attorney General shall coordinate implementation of sections 1, 2, and 4 and issue model guidelines for DOJ
All Federal agencies should develop pro bono and volunteer service programs for government employees

Who is ordered

Timeline

Immediate

EO signed February 5, 1996

Near term (90d)

EO becomes effective May 5, 1996 (90 days after signing)
agencies must begin implementing civil litigation guidelines
agencies to establish coordinated document discovery review procedures

Long term

ongoing adherence to litigation guidelines for all new civil cases
continuous agency review of administrative adjudicatory processes
ongoing review of legislation and regulations for clarity and litigation minimization

Risks & tensions

Section 7 explicitly disclaims any private right of action, limiting external enforceability
Section 3 requirements for legislation/regulation review are constrained by 'within current budgetary constraints' and existing OMB mechanisms, potentially weakening implementation
Section 1(c)(3) ADR training mandate lacks specific deadline or funding mechanism
Section 4(b)-(d) use 'should' rather than 'shall', creating softer obligations for administrative adjudication reforms
Attorney General has authority to issue further scope guidance except for section 3, creating potential uneven implementation across order provisions