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Materials About the Federal Rules

The materials listed below, produced or made available by the Center, are related to the Federal Rules of Procedure (civil, criminal, evidence, appellate, and bankruptcy).

For a list of projects or other reports of FJC research that the Center has published, click on Research Projects or Reports and Studies.

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Northern District of Illinois Mandatory Initial Discovery Pilot Project Standing Order

Beginning on June 1, 2017, the Northern District of Illinois is participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery reduces the cost and delay of civil litigation. In this pilot project, when making mandatory initial discovery responses parties are required to disclose both favorable and unfavorable information that is relevant to their claims or defenses regardless of whether they intend to use the information in their cases.

General Order 17-0005 specifies that a Standing Order will be entered in all covered cases. The Standing Order, In re Mandatory Initial Discovery Pilot Program in the Northern District of Illinois, explains the parties’ obligations under the pilot project and sets forth the initial discovery requests to which the parties must respond. All civil cases assigned to participating judges, except those categories of cases exempted by the Standing Order, are included in the pilot program and subject to the Standing Order.

A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project in the Northern District of Illinois.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure December 1, 2018
Mandatory Initial Discovery Pilot Project Model Standing Order

Beginning as early as May 1, 2017, some district courts are participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery reduces the cost and delay of civil litigation. In this pilot project, when making mandatory initial discovery responses parties are required to disclose both favorable and unfavorable information that is relevant to their claims or defenses regardless of whether they intend to use the information in their cases.

Participating district courts have adopted a Standing Order explaining the parties’ obligations under the pilot project and setting forth the initial discovery requests to which the parties must respond. All civil cases, except those categories of cases exempted by the Standing Order, are included in the pilot program and subject to the Standing Order.

These are some of the key requirements under the Standing Order:

  • At the Rule 26(f) conference, parties must discuss the mandatory initial discovery listed in the Standing Order and describe their discussions (including limitations invoked and disputes) in their Rule 26(f) report.
  • Parties must provide the requested information as to facts that are relevant to the parties’ claims and defenses, whether favorable or unfavorable, and regardless of whether they intend to use the information in presenting their claims and defenses. 
  • Parties must file answers, counterclaims, cross-claims, and replies within the set in Rule 12(a)(1)–(3), even if they have filed or intend to file a motion to dismiss or other preliminary motion. 
  • Parties must serve their initial discovery responses by the deadlines described in the Standing Order unless modified by the court.
  • Parties must address certain issues relating to electronically stored information (ESI) and produce ESI by the deadline set in the Standing Order.
  • Pilot judges should hold initial case-management conferences within the time set in Rule 16(b)(2) and discuss the parties’ compliance with the mandatory discovery obligations.

 
Currently there are two courts participating in this pilot project:

 
A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure December 1, 2018
Mandatory Initial Discovery Pilot Project Model Checklist

A checklist itemizing the procedural requirements of the Mandatory Initial Discovery Pilot Project. The checklist is designed to be helpful to judges presiding over pilot cases and to attorneys participating in pilot cases as pilot requirements apply to the initial stages of discovery. The pilot project is scheduled to begin in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

 
A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure November 1, 2018
Mandatory Initial Discovery Pilot Project Model Users' Manual

A detailed description of the Mandatory Initial Discovery Pilot Project, which began in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

 
A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure November 1, 2018
Amendments to the Federal Rules of Practice and Procedure 2018—Transmittal to Congress

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.

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 11, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 28, Fed. R. App. P. 28.1, Fed. R. App. P. 29, Fed. R. App. P. 31, Fed. R. App. P. 39, Fed. R. App. P. 41, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 3002.1, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 7062, Fed. R. Bankr. P. 8002, Fed. R. Bankr. P. 8006, Fed. R. Bankr. P. 8007, Fed. R. Bankr. P. 8010, Fed. R. Bankr. P. 8011, Fed. R. Bankr. P. 8013, Fed. R. Bankr. P. 8015, Fed. R. Bankr. P. 8016, Fed. R. Bankr. P. 8017, Fed. R. Bankr. P. 8018.1, Fed. R. Bankr. P. 8021, Fed. R. Bankr. P. 8022, Fed. R. Bankr. P. 9025, Federal Rules of Civil Procedure, Fed. R. Civil P. 23, Fed. R. Civil P. 5, Fed. R. Civil P. 62, Fed. R. Civil P. 65.1, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 12.4, Fed. R. Crim. P. 45, Fed. R. Crim. P. 49 April 26, 2018
Amendments to the Federal Rules of Practice and Procedure 2018—Transmittal to the Supreme Court

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.

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 11, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 28.1, Fed. R. App. P. 29, Fed. R. App. P. 31, Fed. R. App. P. 39, Fed. R. App. P. 41, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 3002.1, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 7062, Fed. R. Bankr. P. 8002, Fed. R. Bankr. P. 8006, Fed. R. Bankr. P. 8007, Fed. R. Bankr. P. 8010, Fed. R. Bankr. P. 8011, Fed. R. Bankr. P. 8013, Fed. R. Bankr. P. 8015, Fed. R. Bankr. P. 8016, Fed. R. Bankr. P. 8017, Fed. R. Bankr. P. 9025, Federal Rules of Civil Procedure, Fed. R. Civil P. 23, Fed. R. Civil P. 5, Fed. R. Civil P. 62, Fed. R. Civil P. 65.1, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 12.4, Fed. R. Crim. P. 45, Fed. R. Crim. P. 49 December 5, 2017
Amendments to the Federal Rules of Practice and Procedure: Evidence 2017—Self-Authenticating Electronic Evidence

Federal Rules of Evidence 902(13) and 902(14), which became effective on December 1, 2017, provide for the self-authentication of electronic evidence. Under these rules, electronic evidence can be authenticated by certification instead of by testimony. Rule 902(13) applies to electronic evidence such as computer files, social media posts, and smart device data. Rule 902(14) applies to electronic copies.

Federal Rules of Practice and Procedure, Federal Rules of Evidence, Fed. R. Evid. 902 December 1, 2017
Remote Participation in Bankruptcy Court Proceedings

This guide on the use of distance participation (DP) technology to conduct bankruptcy hear­ings and trials provides an overview of general considerations, ranging from philo­sophical to practical, and then examines separately the use of the teleconferencing and videoconferencing. Each district, and indeed each judge, must decide whether to use DP technology, and if so, how to use it. The goals of this guide are to aid in making those decisions, and to encourage the use of DP technology so as to promote access to the courts, make the best use of existing judicial re­sources, and contain costs while maintaining the quality of court pro­ceedings and compliance with the Federal Rules of Bankruptcy Proce­dure, the Federal Rules of Evidence, and other legal authority. Its suggestions are based on the varied experiences of bankruptcy judges and clerks of court around the country.

This guide was prepared at the request of the Judicial Conference of the United States Committee on the Admin­istration of the Bankruptcy System. The guide builds on a 2005 FJC Roundtable and Report and reflects technological ad­vances and the courts’ increased ex­perience with DP technology.

PDFs of the guide and appendices are below. Appendix B: Sample Case-Management Orders is a separate webpage.

Federal Rules of Bankruptcy Procedure, Federal Rules of Evidence November 15, 2017
Chapter 9 Online Resource Repository

This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases. Documents are included from cases filed by variety of debtors: cities, townships, and counties; medical-related entities, such as county hospitals and authorities; and political subdivisions, such as sanitary and improvement districts, water districts, and off-track betting authorities.

The materials have been placed into the following categories. Some documents relating to multiple categories have been placed in the most relevant categories and cross-references are made between the categories. Some significant documents have been put into more than one category.

We welcome suggestions about other materials that may be helpful to courts for inclusion in the Chapter 9 repository. Please send your ideas and materials to Beth Wiggins at ch9bankr_repository@fjc.gov.

Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2004, Fed. R. Bankr. P. 9019 November 7, 2017
Chapter 9 Online Repository: Rule 9019 Applicability to Settlement Agreements

This page includes a motion, objections thereto, related briefs, and an order/opinion regarding the applicability of Bankruptcy Rule 9019 to settlements in the Chapter 9 case. Rule 9019 provides, “[o]n motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement.” This court determined that a Chapter 9 debtor does not need to seek approval of settlements reached during the Chapter 9 case.

Rule 9019 Applicability to Settlement Agreements is one of several Chapter 9 Online Repository categories.

Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 9019 October 24, 2017

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