Subject: Rules--Federal Rulemaking
Total Documents: 34
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Two documents Icon_Sealed Cases in Federal Courts
Tim Reagan, George Cort,
October 23, 2009 (Publication) 36 pages
An analysis of all cases filed in federal district courts, bankruptcy courts, and courts of appeals in 2006 revealed that 0.2% of civil cases, 1.6% of criminal cases, 16% of magistrate judge cases, 34% of miscellaneous cases, and 0.1% of appeals were sealed approximately two years after filing. ...(Read more)
Two documents Icon_Progress Report to the Advisory Committee on Civil Rules on the Impact of CAFA on the Federal Courts
Tom Willging, Emery Lee,
November 8, 2007 (Publication) 8 pages
The Federal Judicial Center has undertaken a long-term study of the impact of the Class Action Fairness Act of 2005 (CAFA) on the resources of the federal courts. This progress report on the impact of the Class Action Fairness Act of 2005 was presented to the Advisory Committee on Civil Rules on ...(Read more)
Two documents Icon_The Hunt for Sealed Settlement Agreements
Robert Timothy Reagan,
2006 (Publication) 24 pages
When a United States senator asked the federal judiciary to look into sealed settlement agreements, the Civil Rules Advisory Committee asked the Federal Judicial Center to undertake a research effort to discover how often settlement agreements are sealed in federal court and under what ...(Read more)
Two documents Icon_Conference on Large Chapter 11 Cases
Judicial Conference Committee on the Administration of the Bankruptcy System and the Federal Judicial Center,
2004 (Publication) 44 pages
The purpose of the conference, held in Washington, D.C. January 30–February 1, 2003, was to identify the factors that influence the selection of venue for Chapter 11 cases of large companies irrespective of the statute; evaluate the effect of venue choice on parties-in-interest and the courts; and ...(Read more)
Two documents Icon_Sealed Settlement Agreements in Federal District Court
Robert Timothy Reagan, Shannon R. Wheatman, Marie Leary, Natacha Blain, Steven S. Gensler, George Cort, Dean Miletich,
2004 (Publication) 165 pages
An examination of 288,846 federal district court cases revealed 1,270 cases that appeared to have sealed settlement agreements, for a sealed settlement rate of less than one half of one percent. In 97% of the cases with sealed settlements the complaint was not under seal. This research was ...(Read more)
Two documents Icon_Sealed Settlement Agreements in Federal District Court – May 2003 Progress Report
Tim Reagan, Marie Leary, Shannon Wheatman, Thomas E. Willging, Natacha Blain, George Cort, Dean Miletich,
2003 (Publication) 119 pages
Case records generally are public records and all documents filed with a court are available to the public for inspection upon request unless a statute, rule, or order provides otherwise. This report summarizes federal and state court rules on sealing documents in trial courts files. It also ...(Read more)
Two documents Icon_Defining the "Majority" Vote Requirement in Federal Rule of Appellate Procedure 35(a) for Rehearings En Banc in the United States Courts of Appeals
Marie Leary,
February 2002 (Publication) 25 pages
This report was prepared at the request of the Judicial Conference Committee on Appellate Rules as they consider proposing a uniform rule on en banc voting procedures for the courts of appeals. Federal Rule of Appellate Procedure 35(a) and 28 U.S.C. §46(c) both require a vote of "[a] majority of ...(Read more)
Two documents Icon_Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules
Robert J. Niemic, Thomas E. Willging,
September 9, 2002 (Publication) 46 pages
The Advisory Committee on Civil Rules has been considering a proposal to revise Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions. The Committee sought empirical research from the Center to help it decide how to proceed. The Center conducted ...(Read more)
Two documents Icon_Past and Potential Uses of Empirical Research in Civil Rulemaking
Thomas E. Willging,
April 2002 (Publication) 84 pages
This article describes some of the advantages, disadvantages, potential benefits, and limitations of conducting empirical research to inform the civil rulemaking process. The article documents and analyzes the impact of fourteen Center studies during the last fourteen years in response to specific ...(Read more)
Two documents Icon_Case Law Divergence from the Federal Rules of Evidence
Daniel J. Capra,
2000 (Publication) 26 pages
This report is an effort to increase the awareness of counsel practicing in federal courts, as well as judges, about the possibility that case law has diverged from the text of some of the Federal Rules of Evidence. At the request of the Judicial Conference Advisory Committee on the Rules of ...(Read more)
Two documents Icon_Case Studies of Mass Tort Limited Fund Class Action Settlements & Bankruptcy Reorganizations
S. Elizabeth Gibson,
2000 (Publication) 244 pages
This is an expanded version of a report that was previously published as Appendix E of the Report of the Advisory Group on Civil Rules and the Working Group on Mass Torts (Report on Mass Tort Litigation) February 15, 1999. In this version, the author expands her analysis by examining publicly ...(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_Individual Characteristics of Mass Torts Case Congregations: A report to the Mass Torts Working Group (Appendix D)
Thomas E. Willging, Rebecca Spiro, Carol Witcher, Philip Egelston, Suzanne Hruby, Melissa Deckman Fallon,
1999 (Publication) 113 pages
This report, done for the Mass Torts Working Group, appointed in 1998 by the Chief Justice, organizes and presents information from published sources on about fifty sets of mass tort litigations involving personal injury and property damage claims. Information presented includes the shape of the ...(Read more)
Two documents Icon_Mass Torts Problems and Proposals: A Report to the Mass Torts Working Group (Appendix C)
Thomas E. Willging,
1999 (Publication) 126 pages
The Mass Torts Working Group, appointed in 1998 by the Chief Justice, asked the Center to conduct a literature review examining problems related to mass torts and to discuss proposals for resolving those problems. This report is the result of that research. It identifies fourteen distinct problems ...(Read more)
Two documents Icon_Advisory Committee Notes to the Federal Rules of Evidence That May Require Clarification
Daniel J. Capra,
1998 (Publication) 48 pages
At the request of the Advisory Committee on Evidence Rules, Professor Daniel Capra, committee reporter, listed instances where Congress either rejected or substantially changed rules before passage, thus rendering advisory committee notes possibly confusing. He provides an introduction and a ...(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_Mediation in Bankruptcy, the Federal Judicial Center Survey of Mediation Participants: Report to the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States
Robert J. Niemic,
1998 (Publication) 63 pages
At its March 1997 meeting, the Advisory Committee on Bankruptcy Rules asked the Federal Judicial Center to undertake this survey to inform the committee’s preliminary look at whether there is a need for national bankruptcy rules to govern mediation. The purpose of the survey is to determine the ...(Read more)
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_Protective Order Activity in Three Federal Judicial Districts: Report to the Advisory Committee on Civil Rules
Elizabeth C. Wiggins, Melissa Pecherski, George Cort,
April 16, 1996 (Publication) 22 pages
This report to the Judicial Conference Advisory Committee on Civil Rules summarized work underway at the Federal Judicial Center concerning protective orders, confidential settlement agreements, and other sealed court records. The general purpose of the work was to provide the information necessary ...(Read more)
Two documents Icon_Rule 2004 Examinations—Survey Results (memorandum)
Elizabeth Wiggins, Naomi Medvin,
September 1996 (Publication) 59 pages
Memorandum to the Judicial Conference Advisory Committee on Bankruptcy Rules responding to request for an estimate of the number of motions and other requests for Rule 2004 examinations and information about current practices related to Rule 2004 examinations.
Two documents Icon_Survey on the Federal Rules of Bankruptcy Procedure
Elizabeth C. Wiggins, Molly Treadway Johnson, Gregory A. Mahin, Robert J. Niemic,
1996 (Publication) 45 pages
A report of the results of a Center survey of participants in the bankruptcy system concerning their views of the Bankruptcy Rules and related forms. The Long-Range Planning Subcommittee of the Judicial Conference's Committee on Bankruptcy Rules requested the survey as part of a comprehensive ...(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_Likely Consequences of Amendments to Rule 68, Federal Rules of Civil Procedure
John E. Shapard,
1995 (Publication) 65 pages
A report that uses trial attorneys' responses to a Center survey concerning 800 federal civil cases in assessing proposed amendments to Fed. R. Civ. P. 68 to make it more effective in encouraging settlement and reducing litigation. The results indicate that a more effective Rule 68 would be well ...(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 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_Protective Order Activity in Three Federal Judicial Districts, Interim Report to the Advisory Committee On Civil Rules
Elizabeth C. Wiggins, Melissa J. Pecherski, George Cort,
October 1994 (Publication)
Interim report to the Judicial Conference Advisory Committee On Civil Rules providing information that was used in evaluating the need for additional provisions in the rules relating to sealed court records and sealed settlement agreements.
Two documents Icon_The August 1983 Amendments to the Federal Rules of Civil Procedure: Promoting Effective Case Management and Lawyer Responsibility
Arthur R. Miller,
1984 (Publication) 41 pages
An informal discussion, adapted from a lecture at a Center workshop, of the amendments to Federal Rules of Civil Procedure 7, 11, 16, and 26. The author, then a member of the Judicial Conference Advisory Committee on Civil Rules, explains the reasons for the changes and the responsibilities the ...(Read more)
Two documents Icon_District Court Implementation of Amended Federal Civil Rule 16: A Report on New Local Rules
Nancy Weeks,
1984 (Publication) 86 pages
An examination of the local rules federal district courts have developed in response to the 1983 amendment to Federal Rule of Civil Procedure 16, which calls for increased use of scheduling orders in managing caseloads. An appendix contains sample local rules from fifteen districts.
Two documents Icon_Disqualification of Federal Judges by Peremptory Challenge
Alan J. Chaset,
1981 (Publication) 82 pages
An analysis of statutory procedures proposed in the early 1980s, and which continue to arise, that would allow federal litigants to challenge, on a peremptory basis, the federal judge or magistrate judge assigned to their case. Prepared at the request of the Judicial Conference Advisory Committee ...(Read more)
Two documents Icon_Federal Rulemaking: Problems and Possibilities
Winifred R. Brown,
1981 (Publication) 143 pages
An examination of the federal rulemaking process, with particular attention to those parts of the process that were eliciting criticism or suggestions for change. After providing a detailed description of the rulemaking process, the author offers an assessment of benefits and problems that might ...(Read more)