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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 41 - 50 of 198
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Study of Class Action Objector Appeals in the Second, Seventh, and Ninth Circuit Courts of Appeals: Report to the Advisory Committee on Appellate Rules of the Judicial Conference of the United States

This report to the Judicial Conference’s Advisory Committee on Appellate Rules focused on class action objector appeals filed in the Second, Seventh, and Ninth Circuits from settlements approved by the district courts in class actions filed after January 1, 2008. The objector appeals studied were filed from January 1, 2008, through March 1, 2013, in the Seventh Circuit, through June 1, 2013, in the Second Circuit, and through July 1, 2013, in the Ninth Circuit. The study focused on the overall frequency of class action objector appeals during the study period, the final disposition of the class action objector appeals filed and no longer pending, and the prevalence of Appellate Rule 7 cost bonds imposed on the objector appeals identified.

Class Actions, Federal Rules of Practice & Procedure, Fed. R. App. P. 7, Federal Rules of Civil Procedure, Fed. R. Civil P. 23, Fed. R. Civil P. 7 October 1, 2013
Letter from FISA Court Presiding Judge Walton to Senate Judiciary Committee Electronically Stored Information (ESI), Business Records, Federal Rules of Practice & Procedure, National Security, Foreign Intelligence Surveillance Act (FISA) July 29, 2013
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.

Discovery & Disclosure, Federal Rules of Practice & Procedure, Protective Orders July 8, 2012
Managing Discovery of Electronic Information: A Pocket Guide for Judges, Second Edition [Superseded]

This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage cases that involve ESI through early intervention and sustained supervision and to use the many tools available to themcase-management conferences and orders, limits on discovery, tiered or phased discovery, sampling, cost shifting, and, if necessary, sanctionsto facilitate cooperation among opposing lawyers and to ensure that discovery is fair, reasonable, and proportional to each case. It covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work product protection, and the preservation of data and spoliation.

Superseded by Managing Discovery of Electronic Information, Third Edition (2017).

Discovery & Disclosure, Electronic Discovery, Electronically Stored Information (ESI), Managing Discovery, Federal Rules of Civil Procedure, Fed. R. Civil P. 26, Fed. R. Civil P. 45, Federal Rules of Evidence, Fed. R. Evid. 502 May 21, 2012
Survey of District Court Judges on a Proposed Amendment to Federal Rule of Evidence 801(d)(1)(B) Concerning Prior Consistent Statements

This report was prepared for the Advisory Committee on the Federal Rules of Evidence. Under the current version of Fed. R. Evid. 801(d)(1)(B), prior consistent statements are admissible for their substance as well as for their rehabilitation only if they rebut recent fabrication because they occurred before the fabrication motive. If a prior consistent statement is admissible for credibility but not admissible for substance, the opposing party is entitled to a jury instruction. Because of perceived difficulties with such an instruction, an amendment to Rule 801(d)(1)(B) was proposed to the Evidence Rules Committee. This paper reports the results of an FJC survey of district judges on matters related to the proposed amendment.

Evidence, Hearsay (801-807), Federal Rules of Practice & Procedure, Federal Rules of Evidence, Fed. R. Evid. 801 March 2, 2012
Early Stages of Litigation Attorney Survey: Report to the Judicial Conference Advisory Committee on Civil Rules

This report summarizes the findings of a study of the operation of Federal Rules of Civil Procedure 26(f) and 16(b) in a nationwide sample of recently terminated civil cases.

Attorneys, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 16, Fed. R. Civil P. 26 March 1, 2012
Update on Resolution of Rule 12(b)(6) Motions Granted with Leave to Amend: Report to the Judicial Conference Advisory Committee on Civil Rules

In our March 2011 report, we indicated that following the Supreme Court decision in Ashcroft v. Iqbal (2009), Federal Rule of Civil Procedure 12(b)(6) motions to dismiss for failure to state a claim were granted more frequently with leave to amend the complaint. We also noted that the opportunity to amend the complaint may cure the defect and change the findings of the study. The Advisory Committee asked that we follow the events in the study cases, determine the extent to which the respondents submitted amended complaints, and report the outcome of any subsequent motions to dismiss.

Dismissal, Pleadings, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 12, Motions, Dispositive November 1, 2011
The Timing of Scheduling Orders and Discovery Cut-Off Dates

The Judicial Conference Advisory Committee on Civil Rules asked the Federal Judicial Center to study the operation of Rules 16 and 26(f) in the district courts. This report summarizes findings of part of that study. Specifically, this report examines the timing of Rule 16 scheduling orders in civil cases and, drawing from those scheduling orders, also examines the timing of the first discovery cut-off date imposed, without regard to any extension. The data analyzed in this report were drawn from court records in 11 districts.

Calendaring & Scheduling, Discovery & Disclosure, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 16, Fed. R. Civil P. 26 October 1, 2011
Motions for Sanctions Based Upon Spoliation of Evidence in Civil Cases: Report to the Judicial Conference Advisory Committee on Civil Rules

In 2010, the Judicial Conference Advisory Committee on Civil Rules requested a study of motions for sanctions based on an allegation that the nonmoving party had destroyed evidence, especially electronically stored information (ESI). The study examined the electronic docket records of civil cases filed in 2007–2008 in 19 districts, including at least one district in every circuit except the District of Columbia Circuit. This report summarizes the findings of that study and, where appropriate, compares those findings to other studies.

Electronically Stored Information (ESI), Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 37, Sanctions June 6, 2011
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.

Appeals, Courts of Appeal, Costs of Litigation, Federal Rules of Practice & Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 39 April 1, 2011

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