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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 181 - 190 of 235
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Mass Tort Settlement Class Actions: Five Case Studies This report by Professor Jay Tidmarsh of Notre Dame Law School examines five cases in which Rule 23 of the Federal Rules of Civil Procedure has been used to achieve a settlement of a mass tort controversy. The reason for studying mass tort settlement class actions is simple: Using class actions for this purpose has been, and is, controversial. The mass tort settlement class action was the subject of a significant decision in the last term of the Supreme Court, and it is also the subject of a proposed amendment to Rule 23 that has been under consideration by the Advisory Committee on the Federal Rules of Civil Procedure. There has been considerable debate both about the idea of settlement class actions in general and about the proposed amendment in particular. There have also been a number of case studies or anecdotal descriptions about mass torts in which settlement classes have been used. Thus far, however, the studies and descriptions have been narrowly focused on only one case or on only some of the issues relevant to the propriety of settlement class actions. |
Fed. R. Civil P. 23 | January 1, 1998 |
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Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26 [Superseded] Updates the March 22, 1996 report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect. |
Federal Rules of Practice and Procedure | March 28, 1997 |
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Issues re Proposed Amendments to FRE 706 Letter to Professor Daniel J. Capra, Reporter, Judicial Conference Advisory Committee on Rules of Evidence. |
Federal Rules of Evidence, Fed. R. Evid. 706 | January 27, 1997 |
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Chapter 11 Venue Choice by Large Public Companies: A Report to the Judicial Conference Committee on the Administration of the Bankruptcy System A report that responds to a request by the Judicial Conference Committee on the Administration of the Bankruptcy System for empirical information and analysis on whether the bankruptcy case venue statutes and procedural rule should be amended. The report presents the results of a 1996 survey of federal bankruptcy judges about Chapter 11 venue and judges' views of a proposal to amend 28 U.S.C. Section 1408 to prohibit corporate debtors from filing for relief in a district based solely on the debtor's state of incorporation or based solely on an earlier filing by a subsidiary in the district. The report also presents analyses of administrative and demographic characteristics of large public companies that emerged from Chapter 11 during 1994 and 1995. |
Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure | January 1, 1997 |
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Discovery and Disclosure Practice, Problems, and Proposals for Change: A Case-based National Survey of Counsel in Closed Federal Civil Cases At the request of the Judicial Conference Advisory Committee on Civil Rules, the Center conducted a study of the discovery process, examining the extent to which discovery is used, the frequency and nature of problems in discovery, the impact of the 1993 amendments, and whether additional rule changes are needed. This is the report of that study. Submitted to the Judicial Conference Advisory Committee on Civil Rules, for Consideration at its Meeting September 4-5, 1997. Note: A revised version of this study is published at 39 Boston College Law Review 525 (May 1998) under the title An Empirical Study of Discovery and Disclosure Practice Under the 1993 Federal Rule Amendements. |
Federal Rules of Civil Procedure | January 1, 1997 |
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Rule 2004 Examinations—Survey Results Memorandum to the Judicial Conference Advisory Committee on Bankruptcy Rules responding to request for an estimate of the number of motions and other requests for Rule 2004 examinations and information about current practices related to Rule 2004 examinations. |
Fed. R. Bankr. P. 2004 | September 20, 1996 |
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Protective Order Activity in Three Federal Judicial Districts: Report to the Advisory Committee on Civil Rules This report to the Judicial Conference Advisory Committee on Civil Rules summarized work underway at the Federal Judicial Center concerning protective orders, confidential settlement agreements, and other sealed court records. The general purpose of the work was to provide the information necessary to evaluate the efficacy of Fed. R. Civ. P. 26(c) and to address the potential need for additional provisions in the rules relating to sealed court records and sealed settlement agreements. |
Federal Rules of Civil Procedure, Fed. R. Civil P. 26 | April 16, 1996 |
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Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26 [Superseded] Report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect. |
Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 26 | March 22, 1996 |
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Survey on the Federal Rules of Bankruptcy Procedure A report of the results of a Center survey of participants in the bankruptcy system concerning their views of the Bankruptcy Rules and related forms. The Long-Range Planning Subcommittee of the Judicial Conference's Committee on Bankruptcy Rules requested the survey as part of a comprehensive review of the rules to determine whether they should be modified. After reviewing this report and the survey comments, the subcommittee identified three areas for possible further study: litigation practice, attorney admissions and ethics, and inconsistencies in the hearing requirements of Bankruptcy Code provisions and related Bankruptcy Rules. |
Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure | March 13, 1996 |
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Empirical Study of Class Actions in Four Federal District Courts: Final Report to the Advisory Committee on Civil Rules A study conducted by the Center to provide the Judicial Conference's Advisory Committee on Civil Rules with systematic, empirical information about how Federal Rule of Civil Procedure 23 operates. The study addressed many questions about the day-to-day administration of Rule 23 in the types of class actions that are ordinarily filed in the federal courts. The report presents empirical data on all class actions terminated between July 1, 1992, and June 30, 1994, in four federal district courts, and it discusses many of the issues in the continuing debate about class actions. Note: A version of this report was published at 71 New York University Law Review 74, n. 1-2, April-May 1996, under the title An Empirical Analysis of Rule 23 to Address the Rulemaking Challenges. |
Federal Rules of Civil Procedure, Fed. R. Civil P. 23 | March 13, 1996 |