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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 Practice and Procedure (appellate, bankruptcy, civil, criminal, and evidence).

Click here for curated content on Rules of Practice and Procedure.

Reports and Studies.

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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: Civil Rules 2015—Proportional Discovery

This video describes amendments to Federal Rules of Civil Procedure 26(b)(1), 26(c)(1)(B), 26(d), and 34 that became effective on December 1.

Amendments to Rule 26(b)(1) are designed to promote proportional discovery: discovery tailored by the judge and the parties to meet the reasonable needs of the case. Proportional discovery provides the information needed by the litigants to prove their cases, but avoids excess and waste. Judges are encouraged to engage in a dialogue with the parties regarding the amount of discovery reasonably needed to resolve the litigation.

This video also describes amended Rule 26(c)(1)(B) on cost shifting, an amendment to Rule 26(d) on document production, and changes to Rule 34 on objections to document production requests.

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. 26, Fed. R. Civil P. 34 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
Unredacted Social Security Numbers in Federal Court PACER Documents

This report summarizes a Center study of instances of individuals’ unredacted Social Security numbers appearing in documents filed in federal district and bankruptcy courts in November 2013 and available through the Public Access to Court Electronic Records (PACER) service. The presence of Social Security numbers for approximately 75% of these individuals appears to violate rules adopted by the Judicial Conference of the United States. 

 

Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 25, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 9037, Federal Rules of Civil Procedure, Fed. R. Civil P. 5.2, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 49.1 October 25, 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. 3002.1, 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
Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action

A brief report on case-processing times, case outcomes, and motions practice in employment discrimination cases included in a pattern discovery pilot, compared with a nationwide random sample of similar cases. The report finds that case-processing times did not differ between the pilot and comparison cases, but that motions practice was greater in the comparison cases.

For a subsequent study, see Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (October 2018). For earlier work by the Employment Protocols Committee, see Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (November 2011).

Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure October 1, 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
Bankruptcy Court Rules and Procedures Regarding Electronic Signatures of Persons Other than Filing Attorneys

At the request of the Advisory Committee on Rules of Bankruptcy Procedure, the Center collected and reviewed local bankruptcy rules regarding signatures of non-registrants of CM/ECF (e.g., debtors) and requirements for retention of documents bearing original handwritten signatures of non-registrants. Staff also reviewed district court rules regarding signatures and retention, reviewed an OMB document on the use of electronic signatures in federal transactions, and solicited the views of interested parties regarding potential rules changes in these areas.

 
Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure February 22, 2013

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