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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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Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Failure to Preserve Electronically Stored Information

Amendments to Federal Rule of Civil Procedure 37(e), which became effective on December 1, 2015, specify that sanctions for failure to preserve electronically stored information (ESI) require findings that (1) the ESI should have been preserved in the anticipation of litigation, (2) the party failed to take reasonable steps to preserve it, and (3) it cannot be restored or replaced through additional discovery. The rule does not create a duty to preserve ESI. Instead, it leaves in place the common-law duty.

The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:

Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 37 December 1, 2015
Amendments to the Federal Rules of Practice and Procedure 2015—Civil Rules Redline

Amendments to the following Federal Rules of Civil Procedure became effective on December 1, 2015: 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55. Rule 84 and the Appendix of Forms were abrogated.

Additional information about these amendments is available at FJC.gov:

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 30, Fed. R. Civil P. 31, Fed. R. Civil P. 33, Fed. R. Civil P. 34, Fed. R. Civil P. 37, Fed. R. Civil P. 4, Fed. R. Civil P. 55, Fed. R. Civil P. 84 December 1, 2015
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Early and Active Case Management

Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, respond to findings that early intervention by judges helps to narrow issues and reduce discovery. Litigation results are more satisfactory when a judge actively manages a case from the beginning and stays involved. The amendments do not break new ground; they emphasize the importance of early, hands-on, and continuing case management. The times for service of a complaint and the time for holding an initial case-management conference are reduced. The rules now recognize that live conferences are almost always the most effective way to identify the needs of a case and issue orders tailored to efficient resolution. Discovery disputes should be addressed by discussion before motion. The amendments also concern preservation of electronically stored information (ESI) and Federal Rule of Evidence 502's protections against inadvertent waiver of the attorney–client privilege and work-product protections.

The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:

Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure.

Federal Rules of Practice and Procedure, Federal Rules of Evidence, Fed. R. Evid. 502 December 1, 2015
Amendments to the Federal Rules of Practice and Procedure 2016—Supplemental Transmittal to the Supreme Court

This supplemental package of materials was transmitted to the Supreme Court on October 29, 2015, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2016.

Proposed are amendments to Federal Rules of Bankruptcy Procedure 7008, 7012, 7016, 9027, and 9033, which are known as the "Stern Amendments."

Additional information about these amendments is available on the Federal Judicial Center’s website:

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 7008, Fed. R. Bankr. P. 7012, Fed. R. Bankr. P. 7016, Fed. R. Bankr. P. 9027, Fed. R. Bankr. P. 9033 October 29, 2015
Amendments to the Federal Rules of Practice and Procedure 2016—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 9, 2015, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2016.

Proposed are amendments to Federal Rules of Appellate Procedure 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, Forms 1, 5, and 6, and new Form 7; amendments to Federal Rules of Bankruptcy Procedure 1010, 1011, 2002, 3002.1, and 9006(f), and new Rule 1012; amendments to Federal Rules of Civil Procedure 4, 6, and 82; and amendments to Federal Rules of Criminal Procedure 4, 41, and 45.

Additional information about these amendments is available on the Federal Judicial Center’s website:

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 27, Fed. R. App. P. 28, Fed. R. App. P. 28.1, Fed. R. App. P. 29, Fed. R. App. P. 32, Fed. R. App. P. 35, Fed. R. App. P. 4, Fed. R. App. P. 40, Fed. R. App. P. 5, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1010, Fed. R. Bankr. P. 1011, Fed. R. Bankr. P. 1012, Fed. R. Bankr. P. 2002, Fed. R. Bankr. P. 3002, Fed. R. Bankr. P. 9006, Federal Rules of Civil Procedure, Fed. R. Civil P. 4, Fed. R. Civil P. 6, Fed. R. Civil P. 82, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 4, Fed. R. Crim. P. 41, Fed. R. Crim. P. 45 October 9, 2015
Amendments to the Federal Rules of Practice and Procedure 2015—Transmittal to Congress

This package of materials was transmitted to Congress on April 29, 2015, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2015.

Amended were Federal Rule of Bankruptcy Procedure 1007 and Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55. Federal Rule of Civil Procedure 84 and the Appendix of Forms were abrogated.

Additional information about these amendments is available on the Federal Judicial Center’s website:

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 30, Fed. R. Civil P. 31, Fed. R. Civil P. 33, Fed. R. Civil P. 34, Fed. R. Civil P. 37, Fed. R. Civil P. 4, Fed. R. Civil P. 55, Fed. R. Civil P. 84 April 29, 2015
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.

Federal Rules of Practice and Procedure, Federal Rules of Appellate 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 Federal Rules of Practice and Procedure 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.

Federal Rules of Practice and Procedure 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).

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

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