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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 171 - 180 of 196
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Title Rule(s) Datesort ascending
Rule 11 Sanctioning Process: Highlights and Summary

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Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1988
The Rule 11 Sanctioning Process

A report that discusses the possible chilling effects and potential for creating satellite litigation of Federal Rule of Civil Procedure 11 (before the 1993 amendment that increased judges' discretion as to imposing sanctions). It also discusses the nature and adequacy of procedures used to implement the rule. The report is based on interviews with judges and lawyers in eight districts. The author describes his methodology and reports his empirical findings.

Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1988
Achieving Balance in the Developing Law of Sanctions

A paper that examines the application of the sanctions provisions of Federal Rule of Civil Procedure 11 during the first few years after the 1983 amendments to the rule, with emphasis on appellate cases. The paper describes emerging patterns, identifying situations in which the appellate courts have found sanctions to be clearly applicable and situations in which appellate courts have demonstrated restraint in applying the rule to certain litigation practices.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1987
Summary Judgment Practice in Three District Courts

A review of data indicating a decline in the percentage of cases disposed of by summary judgment from 1975 to 1986. The report also notes, however, a renewed interest in the use of this procedure, the standards for which have been clarified by several Supreme Court decisions.

Federal Rules of Civil Procedure, Fed. R. Civil P. 56 January 1, 1987
An Empirical Study of Rule 11 Sanctions

The results of a survey of 292 federal district judges concerning how they interpret and apply the 1983 amendments to Federal Rule of Civil Procedure 11 (before the 1993 amendments). Based on the judges' hypothetical reactions to actual cases in which Rule 11 sanctions were requested, the study outlines the judges' standards and rationales for imposing sanctions, the kinds of sanctions imposed, and the relationship between the judges' opinions and their expectations of how their colleagues would rule on the same issues.

Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1985
The August 1983 Amendments to the Federal Rules of Civil Procedure: Promoting Effective Case Management and Lawyer Responsibility

An informal discussion, adapted from a lecture at a Center workshop, of the amendments to Federal Rules of Civil Procedure 7, 11, 16, and 26. The author, then a member of the Judicial Conference Advisory Committee on Civil Rules, explains the reasons for the changes and the responsibilities the amendments impose on both lawyers and judges.

Federal Rules of Civil Procedure, Fed. R. Civil P. 11, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 7 January 1, 1984
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
Federal Rulemaking: Problems and Possibilities

An examination of the federal rulemaking process, with particular attention to those parts of the process that were eliciting criticism or suggestions for change. After providing a detailed description of the rulemaking process, the author offers an assessment of benefits and problems that might result from implementation of various possible changes.

Federal Rules of Practice and Procedure January 1, 1981
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
Sanctions Imposable for Violations of the Federal Rules of Civil Procedure

A survey of the current state of the law with respect to sanctions for violations of the Federal Rules of Civil Procedure, as reported in both the case law and the secondary literature. The report examines sanctions under Rules 47, 41(b), 55, 36, 11, and 16; several local rules; and rules permitting sanctions against attorneys rather than clients. The authors conclude that there is considerable laxity in the imposition of sanctions for violation of the rules, and they suggest several amendments to the rules.

Federal Rules of Civil Procedure, Fed. R. Civil P. 11, Fed. R. Civil P. 16, Fed. R. Civil P. 37 January 1, 1981

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