Disposition Method

We use the variable DISPTYPE to classify the procedural method of disposition.

Here are the related codes and coding instructions:

DISPTYPE DISPOSITION TYPE 32 33 F2
1 JURY TRIAL VERDICT 
2 BENCH TRIAL VERDICT 
3 SET AFT JT STRT 
4 SET AFT BT STRT 
5 SUMMARY JUDGMENT 
6 DEFAULT JUDGMENT 
7 ARBITRATION AWARD
8 AGREED JUDGMENT 
9 STIPULATED DISMISSAL 
10 DISMISS FOR LACK OF 
11 TRANSFER 
12 DISMISS FOR NO SERVI 
13 OTHER DISMISSAL 
15 DIRECTED VERDICT 
18 SETTLED AFTER JURY V 
19 OTHER DISPOSITION 
28 SETTLED AFTER BENCH 
99 M DON'T KNOW

NOTE: We define a jury trial as starting when the jury is impaneled. A bench trial starts when the
first witness is sworn.

Second, for determining the disposition type between a plaintiff and a defendant (when there is a
claim and a counter-claim between them), code the disposition type that represents that greatest
court involvement. For example, if the counter-claim is dismissed, but the original claim goes to
jury trial, code the jury trial as the disposition between the parties. In general, the disposition
types are already numbered in the order of greatest court involvement (1 [jury trial]=most
involvement; 12 [dismiss: no service]= least involvement). In the great majority of these cases,
however, the parties will settle (dispo type 8) both the claim and counter-claim; both claims will
be dismissed (dispo type 9) at the same time; or both the claim and counter-claim will be resolved
by a trial.

Were There Any Cross, Counter or Third-party Claims Filed? Automated case records often provide some indication of whether there were claims like these. A cross-claim is an action between parties on the same side of the primary litigation (e.g., a plaintiff makes a claim against another plaintiff; a defendant makes a claim against another defendant). A counterclaim is a claim by a defendant against the plaintiff. A third party claim is an attempt by a defendant to bring a third party into a case on the grounds that the third party is liable to him (the defendant)(e.g., the retailer might bring a third party claim against the manufacturer in a case involving a defective product). If you must go to a manual file, look for documents labeled "Counterclaim" or "Crossclaim" (or "Cross Complaint"), etc. There are likely to be only a few cases with such claims.


Cases that go to a jury (or bench) trial verdict, but are settled after the verdict is entered:  Code
these cases as being disposed by jury (or bench) trial, but note the settlement in the
Comments.

Disposition type #9 (Stipulated/voluntary) was created to cover the possibility that some courts
do not retain or require information on whether the case was settled; they might only note that the
dismissal was stipulated or voluntary (at the request of one or more of the parties). Dispo type #9
should be used when the dismissal was at the request of a party or parties. #13 (other dismissal)
should be used for dismissals due to lack of personal or subject matter jurisdiction or for failure to
file within the statute of limitations. Unfortunately, in some cases the reason for the dismissal
might not be clear. In these cases, the disposition will also be coded as an other dismissal. The
dismissal types on the coding form are all quite specific (for no service; or for lack of
prosecution). They should not be confused with disposition type #13 (other dismissal).

You should code a case as settled (dispo type #8) any time you have a reasonable basis for coding
the case as settled. For example, if the disposition is called "Settled / dismissed, " code it as settled
(not as "dismissed").

CIVIL TRIAL COURT NETWORK PROJECT--
DISPOSITION TYPE CODES
1 Jury trial
2 Bench trial
3 Settled after jury trial started
4 Settled after bench trial started
5 Summary judgment
6 Default judgment
7 Arbitration award
8 Settlement
9 Dismissal - stipulated/voluntary
10 Dismissal - lack of prosecution
11 Transfer
12 Dismissal - no service
13 Dismissal - other nonvoluntary
15 Directed verdict after jury trial started
18 Settled after a jury verdict was entered
19 Other (explain on the coding form)
28 Settled after a bench trial verdict was entered