You are here

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 81 - 90 of 205
Will return exact match for word(s) entered
Title Rule(s) Datesort descending
40.25 Preservation of Documents, Data, and Tangible Thing Fed. R. Civil P. 26, Fed. R. Civil P. 45, Fed. R. Civil P. 56 January 1, 2004
40.1 Order Setting Initial Conference

Manual for Complex Litigation, Fourth, page  730

Federal Rules of Civil Procedure, Fed. R. Civil P. 11, Fed. R. Civil P. 16, Fed. R. Civil P. 26 January 1, 2004
Survey of Bankruptcy Judges Regarding Use of Rule 7026 Mandatory Disclosure in Adversary Proceedings

Rule 26 of the Federal Rules of Civil Procedure requires each party to disclose to the other, at specified time intervals, a variety of information about their case. These mandatory disclosures are covered by Rule 26: (a)(1) initial disclosure, (a)(2) expert testimony disclosure, and (a)(3) pretrial disclosure. Civil Rule 26 is made applicable to adversary proceedings (APs) in bankruptcy by Rule 7026 of the Federal Rules of Bankruptcy Procedure. Rule 26 is Appendix 1. The Advisory Committee on Bankruptcy Rules asked the Federal Judicial Center to survey bankruptcy judges about whether the Committee should recommend an amendment to Bankr. Rule 7026 to exempt certain categories of APs from the mandatory disclosure requirements of Rule 26. These survey results were submitted to the Judicial Conference Advisory Committee on Bankruptcy Rules in March 2004.

Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 7026, Federal Rules of Civil Procedure, Fed. R. Civil P. 26 March 22, 2004
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

While considering a proposal to amend Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions, the Advisory Committee on Civil Rules sought this empirical research from the Center to help it decide how to proceed. This report is the second phase. For the first phase see Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules (2002).

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 23 April 1, 2004
Sealed Settlement Agreements in Federal District Court

An examination of 288,846 federal district court cases revealed 1,270 cases that appeared to have sealed settlement agreements, for a sealed settlement rate of less than one half of one percent. In 97% of the cases with sealed settlements the complaint was not under seal. This research was conducted at the request of the Judicial Conference's Advisory Committee on Civil Rules. Although the practice of confidential settlement agreements is common, the question was how often and under what circumstances are such agreements filed under seal.

The report's appendices include a compilation of federal district court rules concerning sealed court documents and descriptions of the cases that appeared to have sealed settlement agreements.

For earlier unpublished research which included a compilation of both federal and state rules concerning sealed court documents, see Sealed Settlement Agreements in Federal District Court - May 2003 Progress Report.

Federal Rules of Practice and Procedure May 19, 2004
Treatment of Brady v. Maryland Material in United States District and State Courts' Rules, Orders, and Policies

The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to propose amendments to Rules 11 and 16 to codify the disclosure requirements in Brady v. Maryland. The committee wanted to know whether federal district courts and state courts have adopted formal rules or standards that provide prosecutors with specific guidance on discharging their Brady obligations. This report describes the federal district court local rules, orders, and policies that address Brady material, and the treatment of Brady material in state statutes and in court rules and policies. For an update to this report see Brady v. Maryland Material in the United States District Courts: Rules, Orders, and Policies (2007).

Federal Rules of Criminal Procedure, Fed. R. Crim. P. 11, Fed. R. Crim. P. 16 October 1, 2004
Analysis of Briefing Requirements in the United States Courts of Appeals

The Federal Judicial Center prepared this report to assist the Judicial Conference Advisory Committee on the Federal Rules of Appellate Procedure to evaluate reported problems with and potential amendments to Rules 28 and 32 on the content and cover of briefs. The report presents information received from the thirteen courts of appeals on every local rule or practice that imposes upon briefs and brief covers requirements that are not in the national rules. The report also describes the history behind the adoption of the local requirements, the extent to which courts enforce them, as well as the courts' plans to adopt more briefing requirements, problems courts have experienced under the current rules, and whether Rule 28 should be amended to prohibit further variations or to include additional or different briefing requirements.

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 28, Fed. R. App. P. 32 November 30, 2004
Managing Class Action Litigation: A Pocket Guide for Judges [superseded]

This guide is designed to help federal judges manage the increased number of class actions expected as a result of the Class Action Fairness Act of 2005. As called for in that legislation, the guide is part of a continuing effort of the federal judiciary to identify "best practices" for managing class actions and ensuring that class action settlements primarily benefit class members.

Superseded by Managing Class Action Litigation: A Pocket Guide for Judges, Second Edition (2009).

Federal Rules of Civil Procedure, Fed. R. Civil P. 23 January 1, 2005
Report of a Survey of United States District Judges' Experiences and Views Concerning Rule 11, Federal Rules of Civil Procedure

A report of the results of a survey completed by 278 of 400 (70%) federal district judges in the winter of 2004-05. The Center conducted the study at the request of the Judicial Conference's Advisory Committee on Civil Rules. A questionnaire elicited the judges' experiences and opinions about the merits of past and current versions of Federal Rule of Civil Procedure 11 and about a legislative proposal to modify Rule 11. The judges expressed a strong preference for Rule 11 in its current form.

Federal Rules of Civil Procedure, Fed. R. Civil P. 11 February 24, 2005
Citations to Unpublished Opinions in the Federal Courts of Appeals: Preliminary Report

The Appellate Rules Advisory Committee has proposed a new Rule 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite unpublished opinions. At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would yield results helpful to the Standing Committee's consideration of the proposed rule.

The Center's research effort consists of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files. This preliminary report, which includes analyses of all responses in the survey of judges, almost all of the responses in the survey of attorneys, and a majority of cases in the survey of case files (9 out of 13 circuits), was presented to the Appellate Rules Advisory Committee on April 18, 2005. The authors expect to have all data analyzed and a complete report for the Standing Committee on Rules meeting on June 15-16, 2005.

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 32.1 April 14, 2005

Pages