How are cases to be differentiated?
Different variants of differentiated case management exist. The most formal, comprehensive, and structured form of differentiated case management puts cases into different tracks based on objective characteristics. For example, a trial court calendar might be designed for all contract cases in which the amount in controversy is under $50,000. Those cases might be limited in the time for discovery and as well in the number and kinds of discovery vehicles available. After the deadline for discovery, the cases might be set for a settlement conference rather than a trial. At the appellate level, cases might be screened shortly after they are filed and graded according to their degree of complexity. This information is the basis for a scheduling order that sets the deadlines for the submission of the record and briefs. A second form of differentiated case management is more like procedural differentiation. Cases might not be screened on their varying objective characteristics. Instead, the
