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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 Practice and Procedure (appellate, bankruptcy, civil, criminal, and evidence).

Click here for curated content on Rules of Practice and Procedure.

Reports and Studies.

Displaying 201 - 210 of 235
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FJC Directions, No. 2: Special Issue on Rule 11

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
 Federal Rules of Civil Procedure, Fed. R. Civil P. 11 November 1, 1991
Form 51: Order of General Reference to Magistrate Judges Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 72, Fed. R. Civil P. 73 September 27, 1991
FJC Directions, No. 1

A magazine that reported Center research and education activities in a concise format. In this issue of FJC Directions:

  • Observations from the Pilot Sentencing Institute for the Fifth and Eleventh Circuits, by Barbara S. Meierhoefer, page 3
  • Trends in Summary Judgment Practice: A Summary of Findings, by Joe S. Cecil, page 11. A second assessment of changes in summary judgment practice (see Summary Judgment Practice in Three District Courts). This study, examining practices in six federal district courts across a 14-year period, found that the percentage of cases with motions for summary judgment varies greatly by district and type of case. In torts and civil rights cases, motions for summary judgment have increased since 1975, whereas in prisoner cases they have dropped sharply. No increases in such motions were found since a series of decisions by the Supreme Court in 1986 clarifying the standards for summary judgment. Summary judgments are reversed at a rate that is similar to that of other civil appeals, and usually on an interpretation of substantive law rather than an overlooked material fact.
 Federal Rules of Civil Procedure, Fed. R. Civil P. 56 April 1, 1991
The Analysis and Decision of Summary Judgment Motions: A Monograph on Rule 56 of the Federal Rules of Civil Procedure

The authors suggest ways of thinking about summary judgment that can help judges and lawyers make more effective use of the rule as a vehicle to reach the objectives of Federal Rule of Civil Procedure 1: the just, speedy, and inexpensive resolution of litigation. (Also see the authors' Summary Judgment After Eastman Kodak, 45 Hastings Law Journal 1 (1993), which is reprinted at 154 F.R.D. 311 (1994)).

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 56 January 1, 1991
Rule 11: Final Report to the Advisory Committee on Civil Rules of the Judicial Conference of the United States

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.

 Fed. R. Civil P. 11 January 1, 1991
Use of Rule 12(b)(6) in Two Federal District Courts

Federal Rule of Civil Procedure 12(b)(6) allows the defense of "failure [of a complaint] to state a claim upon which relief can be granted." The Center conducted the study at the request of the Advisory Committee on Civil Rules of the Judicial Conference of the United States and its reporter, Professor Paul Carrington. After considering the data in the paper at its April 1989 meeting, the Advisory Committee decided not to change Rule 12(b)(6).

 Federal Rules of Civil Procedure, Fed. R. Civil P. 12 January 1, 1989
The Rule 11 Sanctioning Process

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.

 Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1988
Rule 11 Sanctioning Process: Highlights and Summary

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 Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1988
Summary Judgment Practice in Three District Courts

A review of data indicating a decline in the percentage of cases disposed of by summary judgment from 1975 to 1986. The report also notes, however, a renewed interest in the use of this procedure, the standards for which have been clarified by several Supreme Court decisions.

 Federal Rules of Civil Procedure, Fed. R. Civil P. 56 January 1, 1987
Achieving Balance in the Developing Law of Sanctions

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.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1987

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