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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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Amendments to the Federal Rules of Practice and Procedure 2015—Civil Rules Redline

Amendments to the following Federal Rules of Civil Procedure became effective on December 1, 2015: 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55. Rule 84 and the Appendix of Forms were abrogated.

Additional information about these amendments is available at FJC.gov:

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

Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 30, Fed. R. Civil P. 31, Fed. R. Civil P. 33, Fed. R. Civil P. 34, Fed. R. Civil P. 37, Fed. R. Civil P. 4, Fed. R. Civil P. 55, Fed. R. Civil P. 84 December 1, 2015
Amendments to the Federal Rules of Civil Procedure 2015—PowerPoint Presentation

Judge Paul W. Grimm, District of Maryland, developed the attached PowerPoint presentation describing the 2015 amendments to the Federal Rules of Civil Procedure. The amendments reformed discovery rules to maximize efficiency, including cost containment, and were not intended to deprive parties in civil litigation of proof or defense.

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

Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 34 January 29, 2016
Advisory Committee Notes to the Federal Rules of Evidence That May Require Clarification

At the request of the Advisory Committee on Evidence Rules, Professor Daniel Capra, committee reporter, listed instances where Congress either rejected or substantially changed rules before passage, thus rendering advisory committee notes possibly confusing. He provides an introduction and a rule-by-rule commentary on these discrepancies.

Federal Rules of Practice and Procedure, Federal Rules of Evidence July 21, 1998
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
A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules - Appendices

The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to amend Rule 16 to incorporate the government's constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure obligation. The Center conducted a national survey, which included an online survey of all federal district and magistrate judges, U.S. Attorneys' Offices, federal defenders, and a sample of defense attorneys in criminal cases that terminated during calendar year 2009.

 

Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16 February 1, 2011
A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules

The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to amend Rule 16 to incorporate the government's constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure obligation. The Center conducted a national survey, which included an online survey of all federal district and magistrate judges, U.S. Attorneys' Offices, federal defenders, and a sample of defense attorneys in criminal cases that terminated during calendar year 2009.

Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16 February 1, 2011
A Study of the Role and Impact of Special Masters in Patent Cases

Report of a study of the use of special masters in patent litigation.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 53 March 25, 2009
A Quarter-Century of Summary Judgment Practice in Six Federal District Courts

Report of a Federal Judicial Center study of summary judgment practice in six federal district courts during six time periods over twenty-five years (1975-2000), to determine whether summary judgment activity has increased over time and to what extent changes in summary judgment practice are due to the 1986 Supreme Court trilogy of summary judgment cases. From 4 Journal of Empirical Legal Studies 861-907 (2007).

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 56 December 1, 2007
40.29 Deposition Guidelines Federal Rules of Civil Procedure, Fed. R. Civil P. 26, Fed. R. Civil P. 28, Fed. R. Civil P. 30 January 1, 2004
40.25 Preservation of Documents, Data, and Tangible Thing Fed. R. Civil P. 26, Fed. R. Civil P. 45, Fed. R. Civil P. 56 January 1, 2004

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