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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 61 - 70 of 205
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Defining the "Majority" Vote Requirement in Federal Rule of Appellate Procedure 35(a) for Rehearings En Banc in the United States Courts of Appeals

This report was prepared at the request of the Committee on Appellate Rules as they consider proposing a uniform rule on en banc voting procedures for the courts of appeals.

Federal Rules of Appellate Procedure, Fed. R. App. P. 35 February 1, 2002
Discovery and Disclosure Practice, Problems, and Proposals for Change: A Case-based National Survey of Counsel in Closed Federal Civil Cases

At the request of the Judicial Conference Advisory Committee on Civil Rules, the Center conducted a study of the discovery process, examining the extent to which discovery is used, the frequency and nature of problems in discovery, the impact of the 1993 amendments, and whether additional rule changes are needed. This is the report of that study. Submitted to the Judicial Conference Advisory Committee on Civil Rules, for Consideration at its Meeting September 4-5, 1997.

Note: A revised version of this study is published at 39 Boston College Law Review 525 (May 1998) under the title An Empirical Study of Discovery and Disclosure Practice Under the 1993 Federal Rule Amendements.

Federal Rules of Civil Procedure January 1, 1997
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
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
Due Process at Sentencing: An Empirical and Legal Analysis of the Disclosure of Presentence Reports in Federal Courts

A factual and legal review of practices in courts and probation offices concerning the preparation and disclosure of presentence reports. The authors analyze the impact of the disclosure mandated by Federal Rule of Criminal Procedure 32(c)(3) on the federal sentencing process, and they make recommendations for improvements. Reprint of 93 Harvard Law Review 1613 (June 1980).

Federal Rules of Criminal Procedure, Fed. R. Crim. P. 32 June 1, 1980
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.

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 16, Fed. R. Civil P. 26 March 1, 2012
Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules

The Advisory Committee on Civil Rules has been considering a proposal to revise Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions. The Committee sought empirical research from the Center to help it decide how to proceed. The Center conducted the research in two phases during 2002-2004. This report is the first phase. For the second phase see 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 (2004).

The Class Action Subcommittee of the Advisory Committee on Civil Rules asked the Federal Judicial Center to examine the impact, if any, of the Supreme Court decisions in Amchem and Ortiz on the rate at which plaintiffs file class actions in federal courts. The resulting report describes trends in federal class action filings, removals, settlements, and dismissals during the period from January 1994 through June 2001 and identifies certain discernible changes after the two decisions. The report discusses the results of a time-series analysis that tested whether there were any statistically significant relationships between the two decisions and the filing/disposition patterns found. Certain of the changes observed were not likely to have occurred by chance; however, many factors might have affected filings.

Fed. R. Civil P. 23 September 9, 2002
Empirical Study of Class Actions in Four Federal District Courts: Final Report to the Advisory Committee on Civil Rules

A study conducted by the Center to provide the Judicial Conference's Advisory Committee on Civil Rules with systematic, empirical information about how Federal Rule of Civil Procedure 23 operates. The study addressed many questions about the day-to-day administration of Rule 23 in the types of class actions that are ordinarily filed in the federal courts. The report presents empirical data on all class actions terminated between July 1, 1992, and June 30, 1994, in four federal district courts, and it discusses many of the issues in the continuing debate about class actions.

Note: A version of this report was published at 71 New York University Law Review 74, n. 1-2, April-May 1996, under the title An Empirical Analysis of Rule 23 to Address the Rulemaking Challenges.

Federal Rules of Civil Procedure, Fed. R. Civil P. 23 March 13, 1996
Estimates of Summary Judgment Activity in Fiscal Year 2006

The Advisory Committee on Civil Rules asked the Federal Judicial Center to examine summary judgment practice across federal district courts as a means of assessing the potential impact of the proposed amendments to Rule 56. This report examined summary judgment activity in 179,969 cases terminated in the 78 federal district courts that had fully implemented the CM/ECF reporting system in Fiscal Year 2006.

Federal Rules of Civil Procedure, Fed. R. Civil P. 56 June 15, 2007
Exhibit I-2. Local Rule on Joint Administration of Cases Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1015, Fed. R. Bankr. P. 2002 January 1, 2009

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