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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 Procedure (civil, criminal, evidence, appellate, and bankruptcy).

For a list of projects or other reports of FJC research that the Center has published, click on Research Projects or Reports and Studies.

Displaying 211 - 214 of 214
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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
Unsuccessful Attempt at Federal Mandamus Relief Against State Election Officials

Fox v. Detzner (Mark E. Walker, N.D. Fla. 4:18-cv-529)
A district judge denied as beyond the court’s jurisdiction a federal mandamus action seeking an order requiring state election officials to follow the law. The judge also denied a request for a temporary restraining order because the plaintiffs did not comply with the notice requirements of Federal Rule of Civil Procedure 65.
Subject: Voting procedures. Topics: Voting technology; matters for state courts; case assignment.

One of many Case Studies in Emergency Election Litigation.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 65 April 3, 2019
Update on Resolution of Rule 12(b)(6) Motions Granted with Leave to Amend: Report to the Judicial Conference Advisory Committee on Civil Rules

In our March 2011 report, we indicated that following the Supreme Court decision in Ashcroft v. Iqbal (2009), Federal Rule of Civil Procedure 12(b)(6) motions to dismiss for failure to state a claim were granted more frequently with leave to amend the complaint. We also noted that the opportunity to amend the complaint may cure the defect and change the findings of the study. The Advisory Committee asked that we follow the events in the study cases, determine the extent to which the respondents submitted amended complaints, and report the outcome of any subsequent motions to dismiss.

Federal Rules of Civil Procedure, Fed. R. Civil P. 12 November 1, 2011
Use of Rule 12(b)(6) in Two Federal District Courts

Federal Rule of Civil Procedure 12(b)(6) allows the defense of "failure [of a complaint] to state a claim upon which relief can be granted." The Center conducted the study at the request of the Advisory Committee on Civil Rules of the Judicial Conference of the United States and its reporter, Professor Paul Carrington. After considering the data in the paper at its April 1989 meeting, the Advisory Committee decided not to change Rule 12(b)(6).

Federal Rules of Civil Procedure, Fed. R. Civil P. 12 January 1, 1989