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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 71 - 80 of 235
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Trends in Summary Judgment Practice: A Preliminary Analysis

The drop in trial rate in civil cases over the past three decades prompts many hypotheses about the cause. One possible explanation is an increase in dispositive motions, especially motions for summary judgment. The Center has collected information on dispositive motions in cases terminated in six federal district courts during 1975, 1985, 1988, 1990, 1995 and 2000. This preliminary analysis examines changes in summary judgment practice.

Federal Rules of Civil Procedure, Fed. R. Civil P. 56 November 1, 2001
Defining the "Majority" Vote Requirement in Federal Rule of Appellate Procedure 35(a) for Rehearings En Banc in the United States Courts of Appeals

This report was prepared at the request of the Committee on Appellate Rules as they consider proposing a uniform rule on en banc voting procedures for the courts of appeals.

Federal Rules of Appellate Procedure, Fed. R. App. P. 35 February 1, 2002
Past and Potential Uses of Empirical Research in Civil Rulemaking

This article describes some of the advantages, disadvantages, potential benefits, and limitations of conducting empirical research to inform the civil rulemaking process. The article documents and analyzes the impact of fourteen Center studies during the last fourteen years in response to specific requests from rulemakers who wished to examine empirical data relevant to contemplated changes in the Federal Rules of Civil Procedure. From 77 Notre Dame Law Review 1121 (April 2002).

Federal Rules of Civil Procedure April 1, 2002
Products Liability Class Action Certification and Settlement: Language for Envelope for Construction Workers Federal Rules of Civil Procedure, Fed. R. Civil P. 23 May 10, 2002
Products Liability Class Action Certification and Settlement: Publication Notice for Construction Workers Federal Rules of Civil Procedure, Fed. R. Civil P. 23 May 10, 2002
Products Liability Class Action Certification and Settlement: Full Notice Federal Rules of Civil Procedure, Fed. R. Civil P. 23 May 10, 2002
Products Liability Class Action Certification and Settlement: Full Notice [Spanish-language version] Federal Rules of Civil Procedure, Fed. R. Civil P. 23 May 10, 2002
Products Liability Class Action Certification and Settlement: Language for Envelope for Homeowners Federal Rules of Civil Procedure, Fed. R. Civil P. 23 May 10, 2002
Products Liability Class Action Certification and Settlement: Publication Notice for Homeowners Federal Rules of Civil Procedure, Fed. R. Civil P. 23 May 10, 2002
Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules

The Advisory Committee on Civil Rules has been considering a proposal to revise Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions. The Committee sought empirical research from the Center to help it decide how to proceed. The Center conducted the research in two phases during 2002-2004. This report is the first phase. For the second phase see Attorney Reports on the Impact of Amchem and Ortiz on Choice of a Federal or State Forum in Class Action Litigation: A Report to the Advisory Committee on Civil Rules Regarding a Case-based Survey of Attorneys (2004).

The Class Action Subcommittee of the Advisory Committee on Civil Rules asked the Federal Judicial Center to examine the impact, if any, of the Supreme Court decisions in Amchem and Ortiz on the rate at which plaintiffs file class actions in federal courts. The resulting report describes trends in federal class action filings, removals, settlements, and dismissals during the period from January 1994 through June 2001 and identifies certain discernible changes after the two decisions. The report discusses the results of a time-series analysis that tested whether there were any statistically significant relationships between the two decisions and the filing/disposition patterns found. Certain of the changes observed were not likely to have occurred by chance; however, many factors might have affected filings.

Fed. R. Civil P. 23 September 9, 2002

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