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Fed. R. Civil P. 23

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This package of materials was transmitted to Congress on April 26, 2018, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

Amendments to the Federal Rules of Practice and Procedure are as follows:

  • Amendments to Federal Rules of Appellate Procedure 8, 11, 25, 26, 28.1, 29, 31, 39, and 41, and Forms 4 and 7.
  • Amendments to Federal Rules of Bankruptcy Procedure 3002.1, 5005, 7004, 7062, 8002, 8006, 8007, 8010, 8011, 8013, 8015, 8016, 8017, 8021, 8022, and 9025, new Rule 8018.1, and new Part VIII Appendix.
  • Amendments to Federal Rules of Civil Procedure 5, 23, 62, and 65.1.
  • Amendments to Federal Rules of Criminal Procedure 12.4, 45, and 49.

Additional information about these amendments is available on the Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

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This package of materials was transmitted to the U.S. Supreme Court on October 4, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

This contains proposed amendments to Federal Rules of Appellate Procedure 8, 11, 25, 26, 28.1, 29, 31, 39, and 41, and Forms 4 and 7; Federal Rules of Bankruptcy Procedure 3002.1, 5005, 7004, 7062, 8002, 8006, 8007, 8010, 8011, 8013, 8015, 8016, 8017, 8021, 8022, 9025, new Rule 8018.1, new Part VIII Appendix, and Forms 417A and 417C; Federal Rules of Civil Procedure 5, 23, 62, and 65.1; and Federal Rules of Criminal Procedure 12.4, 45, and 49.

Additional information about these amendments is available at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Available Online Only

This report to the Judicial Conference’s Advisory Committee on Appellate Rules focused on class action objector appeals filed in the Second, Seventh, and Ninth Circuits from settlements approved by the district courts in class actions filed after January 1, 2008. The objector appeals studied were filed from January 1, 2008, through March 1, 2013, in the Seventh Circuit, through June 1, 2013, in the Second Circuit, and through July 1, 2013, in the Ninth Circuit. The study focused on the overall frequency of class action objector appeals during the study period, the final disposition of the class action objector appeals filed and no longer pending, and the prevalence of Appellate Rule 7 cost bonds imposed on the objector appeals identified.

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The checklist provides overall guidance on notice and notice plan development and provides guidance for improving class actions claims processes. A graphical plain language notice guide explains and highlights the important features of the illustrative notices. For more on class action notices, see: Illustrative Forms of Class Action Notices.

This checklist is referenced in the Managing Class Action Litigation: A Pocket Guide for Judges, Third Edition, p. 11 as Notice Checklist and Plain Language Guide.

In Print: Available for Distribution

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.

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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.

Superseded by Managing Class Action Litigation: A Pocket Guide for Judges, Third Edition (2010).

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The preliminary findings presented in this report suggest that, in diversity class actions, there is less to class allegations than one would expect. There was relatively little motions activity in the typical case, and the majority of cases not remanded to state court were voluntarily dismissed. Most plaintiffs did not move to certify a class. But all class actions in which a class was certified, whether for litigation or settlement purposes, ended with class settlements.

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The Class Action Fairness Act of 2005 (CAFA) (Pub. L. No. 109-2, 119 Stat. 4 (2005)) expanded the federal courts' diversity of citizenship jurisdiction over class action litigation. Congress's intent was, in part, to shift some class action litigation from the state courts to the federal courts. Passage of the Act sparked concerns about the impact of these additional class actions on the federal courts' rocedures and workload. In light of these concerns, the Judicial Conference's Advisory Committee on Civil Rules (Advisory Committee)1 asked the Federal Judicial Center (FJC) to study the impact of CAFA on the federal courts. This report marks the end of the first phase of the FJC study on the impact of CAFA on the number of class actions initiated in the federal courts. This report presents interim findings on class actions filings and removals in the federal courts from July 1, 2001, through June 30, 2007. These findings are consistent with the hypothesis that CAFA has caused an increased number of class actions based on diversity of citizenship jurisdiction to be filed in the federal courts.

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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 November 8, 2007. The report presents an account of the progress of this long-term study as well as new information on class action activity in California and new data on consumer protection class actions and remand rates for removed cases.

Available Online Only

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. The third interim report was delivered to the committee on April 16, 2007 for discussion at its April 19 meeting and reports on the results of statistical tests of the impact of CAFA on federal courts across the country.

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