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Federal Judicial Center Celebrates 50 Years: Research Supporting the Judicial Conference’s Rule-Making Process


The Center’s Research Division has long provided the Judicial Conference’s rules committees with empirical and analytical research reports that inform the committees’ policy considerations.

 

1984

The Influence of Rules Respecting Recovery of Attorneys' Fees on Settlement of Civil Cases

A theoretical economic analysis that compares the influence of five attorney fee rules on litigants' financial incentives: the American rule, the English rule, statutory provisions allowing recovery by prevailing plaintiffs, contingent fee arrangements, and an offer-of-judgment rule.
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1996

Survey on the Federal Rules of Bankruptcy Procedure

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 review of the rules to determine whether they should be modified. After reviewing this report and the survey comments, the subcommittee identified three areas for possible further study: litigation practice, attorney admissions and ethics, and inconsistencies in the hearing requirements of Bankruptcy Code provisions and related Bankruptcy Rules.
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2005

Report of a Survey of United States District Judges' Experiences and Views Concerning Rule 11, Federal Rules of Civil Procedure

A report of the results of a survey completed by federal district judges in the winter of 2004–2005. The Center conducted the study at the request of the Judicial Conference's Advisory Committee on Civil Rules. A questionnaire elicited the judges' experiences and opinions about the merits of past and current versions of Federal Rule of Civil Procedure 11 and about a legislative proposal to modify Rule 11. The judges expressed a strong preference for Rule 11 in its current form.
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2010

Attorney Satisfaction with the Federal Rules of Civil Procedure—Report to the Judicial Conference Advisory Committee on Civil Rules

This report compares selected questions from opinion surveys regarding civil litigation completed by members of the American College of Trial Lawyers, ABA Section of Litigation, and National Employment Lawyers Association (NELA).
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2011

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

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 obligation. The Center conducted a national survey, which included an online survey of all federal district and magistrate judges, U.S. attorneys' offices, federal defenders, and a sample of defense attorneys in criminal cases that terminated during calendar year 2009.
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2015

Recent Research Supporting the Federal Rules

The Center offers many educational resources on the Federal Rules of Practice and Procedure. It also posts selected information on amendments to the Federal Rules. In addition, the Center’s Research Division has long provided the Judicial Conference’s rules committees with empirical and analytical research reports that inform the committees’ policy considerations.
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