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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.
Displaying 191 - 200 of 237
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Rule(s) | Date |
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An Empirical Study of Rule 11 Sanctions The results of a survey of 292 federal district judges concerning how they interpret and apply the 1983 amendments to Federal Rule of Civil Procedure 11 (before the 1993 amendments). Based on the judges' hypothetical reactions to actual cases in which Rule 11 sanctions were requested, the study outlines the judges' standards and rationales for imposing sanctions, the kinds of sanctions imposed, and the relationship between the judges' opinions and their expectations of how their colleagues would rule on the same issues. |
Federal Rules of Civil Procedure, Fed. R. Civil P. 11 | January 1, 1985 |
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An Empirical Examination of Attorneys' Choice of Forum in Class Action Litigation This article presents attorney responses to a national random survey of 728 attorneys who represented plaintiffs and defendants in 621 recently closed class action cases. Those cases had been filed in or removed to federal courts, and the article focuses on attorneys' reasons for choosing a state or federal forum. The article also tracks the differences in rulings in state and federal courts on class certification, motions to dismiss, settlement review, and attorney fee awards in a subset of the 621 cases. Note that this article draws on the same data examined in Attorney Reports on the Impact of Amchem and Ortiz on Choice of a Federal or State Forum in Class Action Litigation (2004). A post-Class Action Fairness Act (CAFA) article on the same data Attorney Choice of Forum in Class Action Litigation: What Difference Does it Make? (2006) is also available. |
Federal Rules of Civil Procedure, Fed. R. Civil P. 23 | December 17, 2005 |
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Amendments to the Federal Rules of Practice and Procedure: Evidence 2019—The Residual Hearsay Exception In 2019, the residual hearsay exception, Federal Rules of Evidence 807, was amended to fix a number of problems that courts had encountered applying the rule. Hearsay is generally not admissible evidence because the speaker is not subject to examination or cross-examination to determine accuracy or truthfulness. But there are several enumerated exceptions to the general rule, as well as a residual exception for hearsay that does not satisfy an enumerated exception, but that has "sufficient guarantees of trustworthiness." Amendments include a required consideration of corroboration and changes to the notice requirements. |
Federal Rules of Practice and Procedure, Federal Rules of Evidence, Fed. R. Evid. 607, Fed. R. Evid. 902 | January 7, 2020 |
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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 |
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Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Proportional Discovery This video describes amendments to Federal Rules of Civil Procedure 26(b)(1), 26(c)(1)(B), 26(d), and 34 that became effective on December 1. Amendments to Rule 26(b)(1) are designed to promote proportional discovery: discovery tailored by the judge and the parties to meet the reasonable needs of the case. Proportional discovery provides the information needed by the litigants to prove their cases, but avoids excess and waste. Judges are encouraged to engage in a dialogue with the parties regarding the amount of discovery reasonably needed to resolve the litigation. This video also describes amended Rule 26(c)(1)(B) on cost shifting, an amendment to Rule 26(d) on document production, and changes to Rule 34 on objections to document production requests. The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:
Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure. |
Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 26, Fed. R. Civil P. 34 | December 1, 2015 |
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Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Overview Amendments to the Federal Rules of Civil Procedure, which became effective on December 1, 2015, foster more cost-effective discovery through cooperation, proportionality, early and active case management, and considerations of electronically stored information (ESI). This video is an overview of amendments to Rules 1, 16, 26, 34, and 37. The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:
Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure. |
Federal Rules of Practice and Procedure, 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, Fed. R. Civil P. 37 | December 1, 2015 |
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Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Failure to Preserve Electronically Stored Information Amendments to Federal Rule of Civil Procedure 37(e), which became effective on December 1, 2015, specify that sanctions for failure to preserve electronically stored information (ESI) require findings that (1) the ESI should have been preserved in the anticipation of litigation, (2) the party failed to take reasonable steps to preserve it, and (3) it cannot be restored or replaced through additional discovery. The rule does not create a duty to preserve ESI. Instead, it leaves in place the common-law duty. The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015: Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure. |
Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 37 | December 1, 2015 |
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Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Early and Active Case Management Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, respond to findings that early intervention by judges helps to narrow issues and reduce discovery. Litigation results are more satisfactory when a judge actively manages a case from the beginning and stays involved. The amendments do not break new ground; they emphasize the importance of early, hands-on, and continuing case management. The times for service of a complaint and the time for holding an initial case-management conference are reduced. The rules now recognize that live conferences are almost always the most effective way to identify the needs of a case and issue orders tailored to efficient resolution. Discovery disputes should be addressed by discussion before motion. The amendments also concern preservation of electronically stored information (ESI) and Federal Rule of Evidence 502's protections against inadvertent waiver of the attorney–client privilege and work-product protections. The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015: Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure. |
Federal Rules of Practice and Procedure, Federal Rules of Evidence, Fed. R. Evid. 502 | December 1, 2015 |
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Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Cooperation An amendment to Federal Rule of Civil Procedure 1, which became effective on December 1, 2015, resulted from a finding that civil litigation is resolved more quickly and less expensively when parties and lawyers cooperate. The amendment makes explicit the rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:
Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure. |
Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 1 | December 1, 2015 |
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Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015 Video Series: The amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, reformed discovery rules for the sake of efficiency, including cost containment. The amendments are not intended to deprive parties in civil litigation of proof or defense. The first video in this series of five short videos provides an overview of the amendments. The other four videos address the four primary themes of the amendments. Also posted on this website is text of Amendments to the Federal Rules of Practice and Procedure. Discussion of these amendments is the principal topic of The Chief Justice's 2015 Year-End Report. Overview Cooperation Proportional Discovery Early and Active Case Management Failure to Preserve Electronically Stored Information |
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, Fed. R. Civil P. 37, Fed. R. Evid. 502 | December 1, 2015 |