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A joint project by the National Center for State Courts, the United States Judicial Panel on Multidistrict Litigation, and the Federal Judicial Center, this pocket guide provides information on the coordination and management of related cases that are pending simultaneously in both state and federal courts. The guide provides useful tips for initiating contact with judges in other jurisdictions regarding related cases, for coordinating discovery across jurisdictional lines, and for managing attorney disputes.
This document is part of Federal and State Court Cooperation, a Special Topics Webpage.
For additional information, including examples and model orders, visit the Multijurisdiction Litigation website.
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 pocket guide are different from sealing orders that protect the courts' own records and protective orders that protect information from discovery. Among the topics addressed here are blanket orders, stipulated orders, and designating discovery for attorney eyes only.
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 conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctions—to facilitate cooperation among opposing lawyers and to ensure that discovery is fair, reasonable, and proportional to each case. 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, and the preservation of data and spoliation.
This pocket guide provides a basic overview of the issues judges can expect to face when assigned a capital habeas case. It begins with appointment of counsel, budgeting concerns, and stays of execution. It then summarizes the primary procedural considerations that affect habeas cases - successive petitions, petition timeliness, state remedies exhaustion, procedural default, and amending a petition. The guide also addresses substantive considerations for case resolution, evidentiary development, and briefing procedures. Finally, the guide highlights some of the issues that often arise prior to an execution.
Increasing globalization and cross-border interdependence of business enterprises increase the likelihood that bankruptcy judges will see the occasional chapter 15 case filed in their jurisdiction. In this concise guide, Judge Louise DeCarl Adler (Bankr. S.D. Cal.) gives judges who may be unfamiliar with chapter 15 cases a quick understanding of the case-management issues that may arise and offers possible solutions. She includes a selected list of further resources where additional information and guidance can be found.
This guide is intended to help judges who receive multidistrict litigation (MDL) products liability assignments to manage MDL cases and to introduce some of the procedures that transferee judges have developed over the years.
A guide for trial judges to consult when deciding issues of compensatory damages in patent infringement cases, prepared by a national committee of experts from the bench, bar, in-house counsel, and academia formed at the request of the chief judge of the U.S. Court of Appeals for the Federal Circuit.
Court case records and proceedings are presumptively public, but occasionally there are compelling reasons for keeping all or parts of them confidential, sometimes permanently but often only temporarily. This pocket guide summarizes the case law on sealing records and proceedings and presents a useful procedural checklist of seven principles to follow when denying public access.
This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). It includes a section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA. It also includes suggestions for judicial review and administration of class settlements, especially regarding the disclosure of claims rates and actual payments to class members. This third edition includes an expanded treatment of the notice and claims processes. Revisions are concentrated in parts III and IV.
This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). This second edition includes a new section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA. This edition also includes suggestions for judicial review and administration of class settlements, especially regarding the disclosure of claims rates and actual payments to class members.