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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 61 - 70 of 212
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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.

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
Discovery and Disclosure Practice, Problems, and Proposals for Change: A Case-based National Survey of Counsel in Closed Federal Civil Cases

At the request of the Judicial Conference Advisory Committee on Civil Rules, the Center conducted a study of the discovery process, examining the extent to which discovery is used, the frequency and nature of problems in discovery, the impact of the 1993 amendments, and whether additional rule changes are needed. This is the report of that study. Submitted to the Judicial Conference Advisory Committee on Civil Rules, for Consideration at its Meeting September 4-5, 1997.

Note: A revised version of this study is published at 39 Boston College Law Review 525 (May 1998) under the title An Empirical Study of Discovery and Disclosure Practice Under the 1993 Federal Rule Amendements.

Federal Rules of Civil Procedure January 1, 1997
Disqualification of Federal Judges by Peremptory Challenge

An analysis of statutory procedures proposed in the early 1980s, and which continue to arise, that would allow federal litigants to challenge, on a peremptory basis, the federal judge or magistrate judge assigned to their case. Prepared at the request of the Judicial Conference Advisory Committee on Criminal Rules, the report discusses the proposals that have been offered on the federal level, analyzes the procedures then in effect in seventeen state court systems, and considers the possible administrative consequences of a federal peremptory challenge procedure.

Federal Rules of Criminal Procedure January 1, 1981
District Court Implementation of Amended Federal Civil Rule 16: A Report on New Local Rules

An examination of the local rules federal district courts have developed in response to the 1983 amendment to Federal Rule of Civil Procedure 16, which calls for increased use of scheduling orders in managing caseloads. An appendix contains sample local rules from fifteen districts.

Federal Rules of Civil Procedure, Fed. R. Civil P. 16 January 1, 1984