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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 121 - 130 of 235
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FJC Research Brief, No. 1: The Impact of the Class Action Fairness Act of 2005: Third Interim Report to the Judicial Conference Advisory Committee on Civil Rules

The Impact of the Class Action Fairness Act of 2005: Third Interim Report to the Judicial Conference Advisory Committee on Civil Rules.

 Federal Rules of Practice and Procedure April 1, 2007
FJC Directions, No. 4

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

  • New Developments in Court Education: Taking It to the People, by Emily Z. Huebner, page 1
  • Defining a Role for Court-Appointed Experts, by Joe S. Cecil and Thomas E. Willging, page 6
 Federal Rules of Evidence, Fed. R. Evid. 706 August 1, 1992
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
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
Federal Rulemaking: Problems and Possibilities

An examination of the federal rulemaking process, with particular attention to those parts of the process that were eliciting criticism or suggestions for change. After providing a detailed description of the rulemaking process, the author offers an assessment of benefits and problems that might result from implementation of various possible changes.

 Federal Rules of Practice and Procedure January 1, 1981
Federal Rule of Civil Procedure 42(a) Consolidation, Appellate Finality, and Hall v. Hall

This study examines the incidence of consolidated cases in the district courts with a focus on how often “original action final judgments” (OAFJs) create scenarios in which litigants may lose their appeal rights because of confusion about when to file a notice of appeal.

 Federal Rules of Practice and Procedure, Fed. R. Civil P. 42 May 12, 2022
Federal Judicial Center Staff Paper: District Court Implementation of Amended Civil Rule 16: A Report of New Local Rules

Research on the local impacts of Federal Civil Rule 16(b)

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 16 April 1, 1984
Federal Judicial Center National, Case-Based Civil Rules Survey: Preliminary Report to the Judicial Conference Advisory Committee on Civil Rules

This report presents preliminary findings from a survey of attorneys in recently closed civil cases which the Federal Judicial Center conducted in May and June 2009. Nearly half of the attorneys invited to participate responded. The report covers discovery activities and case management in the closed cases; electronic discovery activities in the closed cases; attorney evaluations of discovery in the closed cases; the costs of litigation and discovery; and attitudes toward specific reform proposals and, more generally, the Federal Rules of Civil Procedure.

 Federal Rules of Civil Procedure October 1, 2009
Federal Judicial Center Exploratory Study of the Appellate Cost Bond Provisions of Rule 7 of the Federal Rules of Appellate Procedure

At its Fall 2007 meeting, the Appellate Rules Advisory Committee discussed the current circuit split over whether Federal Rule of Appellate Procedure 7 authorizes the inclusion of attorney fees in a bond for costs on appeal. This item has been brought back before the Committee as it determines whether, in light of recent case law developments, to proceed with a proposed amendment approved by the Committee in 2003 which made clear that FRAP 7 bond "costs" do not include attorney fees. This report describes an exploratory study undertaken by the FJC of FRAP 7 bond activity in three federal district courts: the Southern District of New York, the Central District of California, and the Eastern District of Michigan. These districts are in circuits that permit attorney fees to be included in FRAP 7 cost bonds.

 Federal Rules of Appellate Procedure, Fed. R. App. P. 7 April 1, 2008
Federal Courts’ Electronic Filing by Pro Se Litigants

We learned from several dozen federal clerks of court and members of their staffs that pro se litigants are sometimes able to file electronically using the federal courts’ Case Management/Electronic Case Files (CM/ECF) system, but many courts are hesitant to allow pro se filing in CM/ECF. Prisoners do not have access to the Internet, so it is not feasible for them to use CM/ECF.

We conducted this research at the request of the federal rules committees’ working group on pro se electronic filing. The most salient rules-related lessons of this research are (1) perhaps paper filers should not be required to serve their filings on parties already receiving electronic service; and (2) because electronic filing is sometimes understood to mean filing using CM/ECF and sometimes understood to mean submitting filings electronically, such as by email, perhaps the rules should clarify their references to electronic filing.

 Federal Rules of Practice and Procedure, Federal Rules of Criminal Procedure, Federal Rules of Appellate Procedure, Federal Rules of Civil Procedure, Federal Rules of Bankruptcy Procedure May 10, 2022

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