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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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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.

Civil Litigation & Procedure, Discovery & Disclosure, Managing Discovery, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure July 4, 2017
Mandatory Initial Discovery Pilot Project Users' Manual for the Northern District of Illinois

A detailed description of the Mandatory Initial Discovery Pilot Project, which begins for participating judges in the Northern District of Illinois, Eastern Division, on June 1, 2017.

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

Civil Litigation & Procedure, Discovery & Disclosure, Managing Discovery, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure July 4, 2017
The Elements of Case Management, Third Edition

A primer for judges on techniques and methods of case management.

Case Management, Federal Rules of Civil Procedure June 19, 2017
Mandatory Initial Discovery Pilot Project Checklist for the Northern District of Illinois

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 begins in the Northern District of Illinois, Eastern Division, on June 1, 2017.

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

Civil Litigation & Procedure, Discovery & Disclosure, Managing Discovery, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure May 20, 2017
Mandatory Initial Discovery Pilot Project Electronic Filing Guide for the Northern District of Illinois

The Northern District of Illinois has created a specific list of events dedicated to the filing of pleadings under the Mandatory Initial Discovery Pilot Project. The complete list of pilot events are:

   Joint Certification to Defer Initial Discovery Deadline (Settlement)(MIDP)
   Motion to Defer Initial Discovery Response Deadline (MIDP)
   Motion to Defer Responsive Pleading Deadline (MIDP)
   Notice of Service of Responses to Mandatory Initial Discovery (MIDP)
   Notice of Service of Supplemental Mandatory Initial Discovery Responses (MIDP)
   Rule 26(f) Report re MIDP
   Stipulation re No Discovery Will Be Conducted (MIDP)

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

Civil Litigation & Procedure, Pleadings, Discovery & Disclosure, Managing Discovery, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 26 May 18, 2017
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.

Civil Litigation & Procedure, Discovery & Disclosure, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure May 12, 2017
Amendments to the Federal Rules of Practice and Procedure 2017—Transmittal to Congress

This package of materials was transmitted to Congress on April 27, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

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

  • Amendments to Federal Rule of Appellate Procedure 4.
  • Amendments to Federal Rules of Bankruptcy Procedure 1001, 1006, 1015, 2002, 3002, 3007, 3012, 3015, 4003, 7001, and 9009 and adoption of new Rule 3015.1.
  • Amendments to Federal Rule of Civil Procedure 4.
  • Amendments to Federal Rules of Evidence 803 and 902(13) and (14).

Additional information about these amendments is available on FJC.dcn 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 & Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 4, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1001, Fed. R. Bankr. P. 1006, Fed. R. Bankr. P. 1015, Fed. R. Bankr. P. 2002, Fed. R. Bankr. P. 3002, Fed. R. Bankr. P. 3007, Fed. R. Bankr. P. 3012, Fed. R. Bankr. P. 3015, Fed. R. Bankr. P. 4003, Fed. R. Bankr. P. 7001, Fed. R. Bankr. P. 9009, Federal Rules of Civil Procedure, Fed. R. Civil P. 4, Federal Rules of Evidence, Fed. R. Evid. 803, Fed. R. Evid. 902 April 27, 2017
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.

Civil Litigation & Procedure, Discovery & Disclosure, Managing Discovery, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure April 21, 2017
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.

Civil Litigation & Procedure, Discovery & Disclosure, Managing Discovery, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure April 6, 2017
Technology-Assisted Review for Discovery Requests: A Pocket Guide for Judges

This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.

Discovery & Disclosure, Electronic Discovery, Federal Rules of Civil Procedure, Fed. R. Civil P. 26, Information Technology March 28, 2017

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