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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.

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Citing Unpublished Federal Appellate Opinions Issued Before 2007

Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of appeals their unpublished opinions issued 2007 or later. Unpublished opinions issued before 2007 may be cited to the courts if permitted by the courts' local rules. This document is a summary table of the federal courts of appeals' local rules on citations to their unpublished opinions issued before 2007. The table is reprinted at 241 F.R.D. 328 (2007).

Federal Rules of Appellate Procedure, Fed. R. App. P. 32.1 March 9, 2007
Citing Unpublished Opinions in Federal Appeals

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 help the Standing Committee in its consideration of a proposed new Federal Rule of Appellate Procedure 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite the court's unpublished opinions. The Center's research effort consisted of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files. The rule, as amended and approved by the Judicial Conference in September 2005 and approved by the Supreme Court in April 2006, applies only to opinions issued in 2007 or later. The rule became effective December 1, 2006.

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 32.1 December 21, 2005
Civil Rules Amendments 2015 Comparison Chart Prepared by the District of Maryland

This comparison chart was prepared by the District of Maryland to show 2015 amendments to the Federal Rules of Civil Procedure.

Additional information about rules amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure December 1, 2015
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
Confidential Discovery: A Pocket Guide on Protective Orders

Among the reasons that courts issue protective orders in both civil and criminal cases is to keep discovery confidential on a showing of good cause. Experience has proved confidentiality protective orders to grease the wheels of discovery in many cases. The protective orders discussed in this pocket guide are different from sealing orders that protect the courts' own records and protective orders that protect information from discovery. Among the topics addressed here are blanket orders, stipulated orders, and designating discovery for attorney eyes only.

Federal Rules of Practice and Procedure July 8, 2012
Court-Appointed Experts

A description of the appointment of expert witnesses under Federal Rule of Evidence 706. The report discusses procedures for appointing an expert and for payment of the costs.

Fed. R. Evid. 706 January 1, 1986
Court-Appointed Experts: Defining the Role of Experts Appointed Under Federal Rule of Evidence 706

A study of why judges rarely appoint experts under Rule 706. In discussing this issue with judges, the authors learned of techniques and procedures that may aid judges when considering whether to appoint an expert or when managing an expert who has been appointed. These suggestions are collected in the final chapter of this report.

Federal Rules of Evidence, Fed. R. Evid. 706 January 1, 1993
Court-Ordered Mental Examinations of Capital Defendants: Procedures in Ten States

Report to the Advisory Committee on Criminal Rules regarding the proposal to amend Rule 12.2. Procedures governing court-ordered mental examinations are presented as they have been implemented in a sample of districts with extensive death penalty experience.

Fed. R. Crim. P. 12.2 March 26, 1999
Data from Middle Ground Districts (Memorandum)

Memorandum to the Judicial Conference Advisory Committee on Civil Rules identifying two districts, the Northern District of Alabama and the Central District of California, as examples of "the 'middle ground' between current requirements and abolition of disclosure requirements."

Fed. R. Crim. P. 26 February 23, 1998
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

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