This topic is much too complicated for a simple blog entry, but just to give some perspective regarding the relative delay experienced by litigants in modern-day SCOTX as compared to what it has been historically, see below.


A recent Houston Chronicle story laments a maximum delay of 24 or more months (some 730 days). However, in 1913, the average pendency per case was approximately 1,800 days, which dropped to around 1,600 days in 1915, and had dropped further to around 900 days by 1933. In fact, the average pendency of a case at SCOTX from 1906 to 1953 was 738 days (some 8 days worse than the worst modern delay).

So before you get too righteous about the current delays at SCOTX, keep in mind it is much, much better than it has been historically.

Thx to Stayton & Eubank, A Study of Pendency in Texas Civil Litigation, 33 TEX. L. REV. 70, 81 (1954)