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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 151 - 160 of 235
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Attorney Satisfaction with the Federal Rules of Civil Procedure—Report to the Judicial Conference Advisory Committee on Civil Rules

This report compares selected questions from opinion surveys regarding civil litigation completed by members of the American College of Trial Lawyers, ABA Section of Litigation, and National Employment Lawyers Association (NELA).

Federal Rules of Civil Procedure March 1, 2010
Appendix E-4: Middle District of Florida — General Procedure Order Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 56 March 1, 2010
Social Security Numbers in Federal Court Documents

Memorandum to the Privacy Subcommittee of the Judicial Conference Committee on Rules of Practice and Procedure, April 5, 2010.

Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 9037, Federal Rules of Civil Procedure, Fed. R. Civil P. 5.2, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 49.1 April 5, 2010
Sealing Court Records and Proceedings: A Pocket Guide

Court case records and proceedings are presumptively public, but occasionally there are compelling reasons for keeping all or parts of them confidential, sometimes permanently but often only temporarily. This pocket guide summarizes the case law on sealing records and proceedings and presents a useful procedural checklist of seven principles to follow when denying public access.

Federal Rules of Practice and Procedure December 15, 2010
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 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
Motions to Dismiss for Failure to State a Claim After Iqbal: Report to the Judicial Conference Advisory Committee on Civil Rules

This report presents the findings of a Federal Judicial Center study on the filing and resolution of motions to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The study was requested by the Judicial Conference Advisory Committee on Civil Rules. This request was prompted by two recent Supreme Court decisions Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009)  that interpreted Rule 8(a) by stating that a plaintiff must present a "plausible" claim for relief.

Federal Rules of Civil Procedure, Fed. R. Civil P. 12, Fed. R. Civil P. 8 March 1, 2011
Comparative Study of the Taxation of Costs in the Circuit Courts of Appeals Under Rule 39 of the Federal Rules of Appellate Procedure: Report to the Advisory Committee on Appellate Rules of the Judicial Conference of the United States

The Judicial Conference Advisory Committee on Appellate Rules requested this report on circuit practices for awarding costs under Rule 39 of the Federal Rules of Appellate Procedure. The report describes the variations among the circuits' rules and procedures, compares how the circuits have implemented Fed. R. App. P 39, and presents a comparative analysis of costs awards. It also offers some procedural and conclusory observations from the research.

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 39 April 1, 2011
Motions for Sanctions Based Upon Spoliation of Evidence in Civil Cases: Report to the Judicial Conference Advisory Committee on Civil Rules

In 2010, the Judicial Conference Advisory Committee on Civil Rules requested a study of motions for sanctions based on an allegation that the nonmoving party had destroyed evidence, especially electronically stored information (ESI). The study examined the electronic docket records of civil cases filed in 2007–2008 in 19 districts, including at least one district in every circuit except the District of Columbia Circuit. This report summarizes the findings of that study and, where appropriate, compares those findings to other studies.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 37 June 6, 2011
The Timing of Scheduling Orders and Discovery Cut-Off Dates

The Judicial Conference Advisory Committee on Civil Rules asked the Federal Judicial Center to study the operation of Rules 16 and 26(f) in the district courts. This report summarizes findings of part of that study. Specifically, this report examines the timing of Rule 16 scheduling orders in civil cases and, drawing from those scheduling orders, also examines the timing of the first discovery cut-off date imposed, without regard to any extension. The data analyzed in this report were drawn from court records in 11 districts.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 16, Fed. R. Civil P. 26 October 1, 2011

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