Case management in the civil trial courts of Bangladesh: scope for thinking

Most developed countries have already turned towards a ‘second generation’ case management system, but it has only recently even been thought about in Bangladesh where it is greatly needed. There are 2.1 million cases pending in the Subordinate Courts of Bangladesh. During my five years’ experience as a judge in Bangladesh, I found some cases had lasted through three generations of the same family. The object of Case Management is to ensure fair, speedy and cost-effective case disposal, which is a pre-condition of ensuring ‘Justice;’ Success in application of case management in reducing case backlog has already been proved. Case management is involved from the commencement of the dispute in the court till it is finally resolved; it is acknowledged that not all cases are suited to a case management regime. The primary responsibility for the case management should be upon the judges, who have the necessary attributes and interest in case management, with the help of lawyers, court staff and parties to the case. An effective case management will identify the issues in dispute at an early stage, reduce the delay and expenses, limit the interlocutory dealings and also firm a date for final hearing within a reasonable time after the suit is first filed. In this paper, I will explain the urgent necessity and scope for case management for the civil trial courts of Bangladesh, and how it can be a successful method in reducing backlogs.