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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 21 - 30 of 199
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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
Federal Judicial Center Staff Paper: District Court Implementation of Amended Civil Rule 16: A Report of New Local Rules

Research on the local impacts of Federal Civil Rule 16(b)

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 16 April 1, 1984
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
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
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
Rule 11 Sanctioning Process: Highlights and Summary

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Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1988
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
The Analysis and Decision of Summary Judgment Motions: A Monograph on Rule 56 of the Federal Rules of Civil Procedure

The authors suggest ways of thinking about summary judgment that can help judges and lawyers make more effective use of the rule as a vehicle to reach the objectives of Federal Rule of Civil Procedure 1: the just, speedy, and inexpensive resolution of litigation. (Also see the authors' Summary Judgment After Eastman Kodak, 45 Hastings Law Journal 1 (1993), which is reprinted at 154 F.R.D. 311 (1994)).

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 56 January 1, 1991
Rule 11: Final Report to the Advisory Committee on Civil Rules of the Judicial Conference of the United States

Report on an empirical study of Federal Rule of Civil Procedure 11. The Research Division of the FJC undertook the study to assist the Advisory Committee on Civil Rules in its evaluation of the rule. The study has three major components: (1) a survey of all federal district judges about their experiences with Rule 11; (2) an analysis of all district and appellate opinions published between 1984 and 1989 that address Rules 11 issues; and (3) a study of Rule 11 activity in five district courts. The district court study includes a separate analysis of the application of Rule 11 to civil rights cases in these five courts.

Federal Rules of Civil Procedure, Fed. R. Civil P. 11 January 1, 1991

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