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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.

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An Empirical Examination of Attorneys' Choice of Forum in Class Action Litigation

This article presents attorney responses to a national random survey of 728 attorneys who represented plaintiffs and defendants in 621 recently closed class action cases. Those cases had been filed in or removed to federal courts, and the article focuses on attorneys' reasons for choosing a state or federal forum. The article also tracks the differences in rulings in state and federal courts on class certification, motions to dismiss, settlement review, and attorney fee awards in a subset of the 621 cases.

Note that this article draws on the same data examined in Attorney Reports on the Impact of Amchem and Ortiz on Choice of a Federal or State Forum in Class Action Litigation (2004).

A post-Class Action Fairness Act (CAFA) article on the same data Attorney Choice of Forum in Class Action Litigation: What Difference Does it Make? (2006) is also available.

Federal Rules of Civil Procedure, Fed. R. Civil P. 23 December 17, 2005
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
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
Appendix E-4: Middle District of Florida — General Procedure Order Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 56 March 1, 2010
Appendixes B-G, Index [Superseded]

Appendix B: Court Administration and Case Management Committee, Guidelines for Ensuring Fair and Effective Court-Annexed ADR

Appendix C: Differentiated Case Management System: Local Rules and Forms

Appendix D: Sample Statistical Reports

Appendix E: Bibliography

Appendix F: Table of Statutes

Appendix G: Table of Rules

Index

Federal Rules of Practice and Procedure January 1, 2001
Attorney Choice of Forum in Class Action Litigation: What Difference Does It Make?

This article presents a post-Class Action Fairness Act of 2005 (CAFA) discussion and analysis of data presented previously in An Empirical Examination of Attorneys' Choice of Forum in Class Action Litigation (FJC 2005). Data originated from a national random survey of 728 attorneys who represented plaintiffs and defendants in 621 closed class action cases. New discussion centers on the assumptions underlying CAFA about differences in federal and state court treatment of class actions. New data are presented on the types of cases (nature of suit) and the state of filing for survey cases that were originally filed in state court. From 81 Notre Dame Law Review 591 (January 2006).

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 23 January 1, 2006
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
Attorney Satisfaction with the Federal Rules of Civil Procedure—Report to the Judicial Conference Advisory Committee on Civil Rules

This report compares selected questions from opinion surveys regarding civil litigation completed by members of the American College of Trail Lawyers, ABA Section of Litigation, and National Employment Lawyers Association (NELA).

Federal Rules of Civil Procedure March 1, 2010
Attorneys' Fees in Class Actions

A circuit-by-circuit review of case law governing award of attorneys' fees in class actions and an examination of abuses in fee requests. The report also includes a discussion of judges' and attorneys' attitudes toward fee computation. Recommendations focus on procedures, implemented early in litigation, designed to avoid problems when fee requests are submitted.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 23 January 1, 1980
Auctioning the Role of Class Counsel in Class Action Cases: A Descriptive Study

A study conducted by the Center to provide the Third Circuit Task Force on Selection of Class Counsel information on judges who have employed an auction or bidding method to select class counsel. The report describes in detail the auctioning procedures used by the judges, including the process of evaluating bids and selecting the winning bidder. This report is also reprinted at 209 Federal Rules Decisions 519 (2002).

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 23 August 29, 2001

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