Subject: Discovery and Disclosure
Total Documents: 32
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Two documents Icon_Confidential Discovery: A Pocket Guide on Protective Orders
Robert Timothy Reagan,
2012 (Publication) 21 pages
Among the reasons that courts issue protective orders in both civil and criminal cases is to keep discovery confidential on a showing of good cause. Experience has proved confidentiality protective orders to grease the wheels of discovery in many cases. The protective orders discussed in this ...(Read more)
Two documents Icon_Early Stages of Litigation Attorney Survey: Report to the Judicial Conference Advisory Committee on Civil Rules
Emery G. Lee III,
March 2012 (Publication) 18 pages
This report summarizes the findings of a study of the operation of Federal Rules of Civil Procedure 26(f) and 16(b) in a nationwide sample of recently terminated civil cases.
Two documents Icon_Managing Discovery of Electronic Information: A Pocket Guide for Judges, Second Edition
Barbara J. Rothstein, Ronald J. Hedges, Elizabeth C. Wiggins,
2012 (Publication) 48 pages
This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage cases that involve ESI through early intervention and sustained supervision and to use the many tools available to them—case-management ...(Read more)
Two documents Icon_Motions for Sanctions Based Upon Spoliation of Evidence in Civil Cases: Report to the Judicial Conference Advisory Committee on Civil Rules
Emery G. Lee III,
2011 (Publication) 11 pages
In 2010, the Judicial Conference Advisory Committee on Civil Rules requested a study of motions for sanctions based on an allegation that the nonmoving party had destroyed evidence, especially electronically stored information (ESI). The study examined the electronic docket records of civil cases ...(Read more)
Two documents Icon_Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action
Employment Protocols Committee,
November 2011 (Publication) 17 pages
The Initial Discovery Protocols for Employment Cases Alleging Adverse Action provide a new pretrial procedure for certain types of federal employment cases. As described in the Protocols, their intent is to “encourage parties and their counsel to exchange the most relevant information and documents ...(Read more)
Two documents Icon_A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules
Laural Hooper, David Rauma, Marie Leary, Shelia Thorpe,
April 2011 (Publication)
The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to amend Rule 16 to incorporate the government's constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure ...(Read more)
Two documents Icon_The Timing of Scheduling Orders and Discovery Cut-Off Dates
Emery G. Lee III,
October 2011 (Publication) 13 pages
The Judicial Conference Advisory Committee on Civil Rules asked the Federal Judicial Center to study the operation of Rules 16 and 26(f) in the district courts. This report summarizes findings of part of that study. Specifically, this report examines the timing of Rule 16 scheduling orders in civil ...(Read more)
Two documents Icon_Federal Judicial Center National, Case-Based Civil Rules Survey: Preliminary Report to the Judicial Conference Advisory Committee on Civil Rules
Emery G. Lee III, Thomas E. Willging,
2009 (Publication) 191 pages
This report presents preliminary findings from a survey of attorneys in recently closed civil cases which the Federal Judicial Center conducted in May and June 2009. Nearly half of the attorneys invited to participate responded. The report covers discovery activities and case management in the ...(Read more)
Two documents Icon_Brady v. Maryland Material in the United States District Courts: Rules, Orders, and Policies
Laural Hooper, Shelia Thorpe,
May 31, 2007 (Publication) 68 pages
An update of the FJC October 2004 report to the Advisory Committee on Criminal Rules as it and the Standing Committee on the Rules of Practice and Procedure consider proposed amendments to Rule 16 of the Federal Rules of Criminal Procedure. This unpublished research document is not restricted and ...(Read more)
Two documents Icon_Managing Discovery of Electronic Information: A Pocket Guide for Judges
Barbara J. Rothstein, Ronald J. Hedges, Elizabeth C. Wiggins,
2007 (Publication) 26 pages
[superseded]
This pocket guide helps federal judges manage the discovery of electronically stored information (ESI). It covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work product protection, ...(Read more)
Two documents Icon_Survey of Bankruptcy Judges Regarding Use of Rule 7026 Mandatory Disclosure in Adversary Proceedings
Robert J. Niemic, Shannon Wheatman,
2004 (Publication) 60 pages
Rule 26 of the Federal Rules of Civil Procedure requires each party to disclose to the other, at specified time intervals, a variety of information about their case. These mandatory disclosures are covered by Rule 26: (a)(1) initial disclosure, (a)(2) expert testimony disclosure, and (a)(3) ...(Read more)
Two documents Icon_Treatment of Brady v. Maryland Material in United States District and State Courts’ Rules, Orders, and Policies
Laural L. Hooper, Jennifer E. Marsh, Brian Yeh,
2004 (Publication) 28 pages
The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to propose amendments to Rules 11 and 16 to codify the disclosure requirements in Brady v. Maryland. The committee wanted to know whether federal district courts and state ...(Read more)
Two documents Icon_Computer-Based Investigation and Discovery in Criminal Cases: A Guide for United States Magistrate Judges
Kenneth J. Withers,
2003 (Publication) 141 pages
This presentation outline with illustrations of slides in PDF format was presented during the National Workshop for U.S. Magistrate Judges, July 8-10, 2003.
Two documents Icon_A Qualitative Study of Issues Raised By the Discovery of Computer-Based Information in Civil Litigation
Molly Treadway Johnson, Kenneth J. Withers, Meghan A. Dunn,
September 13, 2002 (Publication) 67 pages
This study was undertaken to gain a better understanding of the nature of specific issues relating to computer-based discovery, including, but not limited to: the preservation or spoliation of computer-based evidence; costly efforts to retrieve computer-based information for purposes of discovery; ...(Read more)
Two documents Icon_Computer-Based Discovery in Federal Civil Litigation
Kenneth J. Withers,
2000 (Publication) 26 pages
Discovery is changing in response to the pervasive use of computers. More and more cases involve e-mail, word-processed documents, spreadsheets, and records of Internet activity. This article discusses some of the potential for computer-based discovery to reduce overall discovery costs and improve ...(Read more)
Two documents Icon_Implementation of the Disclosure Provisions in the Federal Rule of Civil Procedure 26 by the United States Bankruptcy Courts
Elizabeth C. Wiggins, Shannon Wheatman,
December 2000 (Publication) 45 pages
District-by-district summary and chart of local rules or orders adopted by U.S. Bankruptcy courts responding to 1993 amendments to Federal Rules of Civil Procedure 26. Also summarizes other discovery-related requirements and patterns found in courts' responses to amendments.
Two documents Icon_Data on Discovery Cutoffs (memorandum)
Thomas E. Willging,
February 1998 (Publication) 4 pages
Memorandum to the Advisory Committee on Civil Rules expanding on earlier report on time limits on discovery. Findings are based on data gathered from survey of counsel in 1000 closed civil cases, and differed from findings Rand Corp. presented to committee. The memorandum includes the following two ...(Read more)
Two documents Icon_Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26
Donna Stienstra,
March 30, 1998 (Publication) 30 pages
Updates the March 28, 1997 report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect.
Two documents Icon_Middle Ground Districts (memorandum)
Thomas E. Willging,
February 1998 (Publication) 3 pages
Memorandum to the Judicial Conference Advisory Committee on Civil Rules identifying two districts, the Northern District of Alabama and the Central District of California, as examples of "the 'middle ground' between current requirements and abolition of disclosure requirements."
Two documents Icon_Numerical and Durational Limitations on Discovery Events as Adopted in Federal Local Rules and State Practices
Marie Cordisco Leary, Thomas E. Willging,
February 1998 (Publication) 68 pages
Conducted at the request of Advisory Committee on Civil Rules, the report describes the local rules or practices in all ninety-four federal districts regarding numerical limitations on interrogatories and depositions and durational limits on depositions.
Two documents Icon_Discovery and Disclosure Practice, Problems, and Proposals for Change: A Case-based National Survey of Counsel in Closed Federal Civil Cases
Thomas E. Willging, John Shapard, Donna Stienstra, Dean Miletich,
1997 (Publication) 75 pages
At the request of the Judicial Conference Advisory Committee on Civil Rules, the Center conducted a study of the discovery process, examining the extent to which discovery is used, the frequency and nature of problems in discovery, the impact of the 1993 amendments, and whether additional rule ...(Read more)
Two documents Icon_Durational Limits on Depositions (memorandum)
Thomas E. Willging,
December 1997 (Publication) 3 pages
Memorandum to the Judicial Conference Subcommittee on Discovery of the Advisory Committee on Civil Rules assisting review of proposal to limit length of depositions. Findings were based on data gathered from counsel surveyed on duration of depositions in 1000 closed civil cases. This unpublished ...(Read more)
Two documents Icon_Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26
Donna Stienstra,
March 28, 1997 (Publication)
[superseded]
Updates the March 22, 1996 report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect.
Two documents Icon_Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26
Donna Stienstra,
March 22, 1996 (Publication)
[superseded]
Report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect.

Also reprinted in Federal Practice & Procedure, Vol 8, 1996 ...(Read more)
Two documents Icon_Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26
Donna Stienstra,
March 24, 1995 (Publication)
[superseded]
Report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect.
Two documents Icon_Implementation of Selected Amendments to Federal Rule of Civil Procedure 26 by United States Bankruptcy Courts
Naomi Medvin, F. James Kearney, Elizabeth C. Wiggins,
March 1995 (Publication) 20 pages
[superseded]
District-by-district summary and chart of local rules or orders adopted by U.S. Bankruptcy courts responding to 1993 amendments to Federal Rules of Civil Procedure 26. Also summarizes other discovery-related requirements and patterns found in courts' responses to amendments.
Two documents Icon_Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26
Donna Stienstra,
March 1, 1994 (Publication)
[superseded]
Report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect.
Two documents Icon_Attorneys' Views of Local Rules Limiting Interrogatories
Carroll Seron, John E. Shapard,
1986 (Publication) 31 pages
The results of a survey of practicing attorneys in twelve districts concerning their experience with district court rules that limit the number of interrogatories one party may serve on another without leave of court to serve more.
Two documents Icon_Discovery Problems in Civil Cases
Barlow Burke, Joseph L. Ebersole,
1980 (Publication) 122 pages
A description of responses obtained during interviews with attorneys who had participated in cases believed to have involved discovery problems. The analysis focused on differences between cases involving over-discovery and cases involving resistance to discovery. Factors affecting discovery ...(Read more)
Two documents Icon_Federal Discovery: A Survey of Local Rules and Practices in View of Proposed Changes to the Federal Rules
Sherman L. Cohn,
1979 (Publication) 45 pages
An examination of attempts by courts and individual judges to limit the consumption of judicial resources, expedite the discovery process, curb abuses in the use of discovery methods, and provide for more effective sanctions. Reprint of 63 Minnesota Law Review 253 (1979).
Two documents Icon_Judicial Controls and the Civil Litigative Process: Discovery
Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman,
1978 (Publication) 126 pages
A description of the use of the discovery rules then in effect in a sample of more than 3,000 cases from six district courts. The report provides quantitative information on each discovery device and on discovery motions. The authors evaluate the relationship between the degree of judicial control ...(Read more)
Two documents Icon_Survey of Literature on Discovery from 1970 to the Present: Expressed Dissatisfactions and Proposed Reforms
Daniel Segal,
1978 (Publication) 207 pages
An analysis of a broad range of literature dealing with the discovery provisions of the Federal Rules of Civil Procedure. The author examines how well the rules are functioning and makes suggestions for change and reform.