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Fed. R. Civil P. 11
A report of the results of a survey completed by 278 of 400 (70%) federal district judges in the winter of 2004-05. 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.
Manual for Complex Litigation, Fourth, page 730
A report of the results of a Center survey that sought federal trial attorneys' and federal district judges' views of the effects of Rule 11 before 1993, the effects of amendments to Rule 11 that became effective December 1, 1993, and the merits of proposals that would in large measure reverse the 1993 amendments. The results suggest that a majority of respondents generally oppose the proposed changes to Rule 11, with one exception: a majority believe that the purpose of Rule 11 sanctions should encompass compensation of parties injured by violations of Rule 11 as well as deterrence of such violations.
A magazine that reported Center research and education activities in a concise format. Centered around a study undertaken by the Center to assess the operation and impact of Fed. R. Civ. P. 11, this issue of FJC Directions describes Rule 11 activity in the federal courts, answers central questions about use of the rule, reports judges' assessments of the rule, and outlines proposed changes to the rule. Included is the text of an amended Rule 11 proposed by the Judicial Conference's Advisory Committee on Civil Rules. In this issue of FJC Directions:
- The Federal Judicial Center's Study of Rule 11, by Elizabeth C. Wiggins, Thomas E. Willging, and Donna Stienstra, page 3
- Rule 11 Activity in the Federal Courts, by Elizabeth C. Wiggins, Thomas E. Willging, and Donna Stienstra, page 6
- Central Questions about the Use of Rule 11, by Elizabeth C. Wiggins, Thomas E. Willging, and Donna Stienstra, page 10
- Judicial Assessments of Rule 11: Its Effectiveness and Its Impact on Litigation in Federal Court, by Elizabeth C. Wiggins, Thomas E. Willging, and Donna Stienstra, page 28
- Proposed Changes in Rule 11, by Elizabeth C. Wiggins, Thomas E. Willging, and Donna Stienstra, page 35
- Text of Proposed Amended Rule 11, page 40
Report on an empirical study of Federal Rule of Civil Procedure 11. The Research Division of the FJC undertook the study to assist the Advisory Committee on Civil Rules in its evaluation of the rule. The study has three major components: (1) a survey of all federal district judges about their experiences with Rule 11; (2) an analysis of all district and appellate opinions published between 1984 and 1989 that address Rules 11 issues; and (3) a study of Rule 11 activity in five district courts. The district court study includes a separate analysis of the application of Rule 11 to civil rights cases in these five courts.
A report that discusses the possible chilling effects and potential for creating satellite litigation of Federal Rule of Civil Procedure 11 (before the 1993 amendment that increased judges' discretion as to imposing sanctions). It also discusses the nature and adequacy of procedures used to implement the rule. The report is based on interviews with judges and lawyers in eight districts. The author describes his methodology and reports his empirical findings.
A paper that examines the application of the sanctions provisions of Federal Rule of Civil Procedure 11 during the first few years after the 1983 amendments to the rule, with emphasis on appellate cases. The paper describes emerging patterns, identifying situations in which the appellate courts have found sanctions to be clearly applicable and situations in which appellate courts have demonstrated restraint in applying the rule to certain litigation practices.
The results of a survey of 292 federal district judges concerning how they interpret and apply the 1983 amendments to Federal Rule of Civil Procedure 11 (before the 1993 amendments). Based on the judges' hypothetical reactions to actual cases in which Rule 11 sanctions were requested, the study outlines the judges' standards and rationales for imposing sanctions, the kinds of sanctions imposed, and the relationship between the judges' opinions and their expectations of how their colleagues would rule on the same issues.
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 amendments impose on both lawyers and judges.