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Reports & Studies

Below is a list of a number of past published studies conducted by the Research Division. Some Center reports are not published or made publicly available due to restrictions in place from the source of the research request. Most research reports can be downloaded and in some instances, a hardcopy publication can be requested. See also Manuals, Monographs, & Guides.

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Trends in Asbestos Litigation

A report, prepared as asbestos litigation was becoming a growing presence on federal dockets, based on an intensive study of ten federal district courts with heavy asbestos caseloads. The author examines both innovative and traditional methods of handling the asbestos caseload in the federal courts. He makes projections as to the expected future caseload and compares asbestos cases with other types of toxic tort litigation. Major topics include assignment systems, standard pretrial procedures, settlement, consolidation and other trial formats, and special burdens on judges and clerks.

January 1, 1987
Trends in Summary Judgment Practice: 1975-2000

Report of a Federal Judicial Center study of summary judgment practice in six federal district courts during six time periods over twenty-five years (1975-2000), to determine whether summary judgment activity has increased over time and to what extent changes in summary judgment practice are due to the 1986 Supreme Court trilogy of summary judgment cases. For a 2-page summary of this report see FJC Research Brief, No. 2: Trends in Summary Judgment Practice: 1975-2000.

January 1, 2007
Trends in Summary Judgment Practice: A Preliminary Analysis

The drop in trial rate in civil cases over the past three decades prompts many hypotheses about the cause. One possible explanation is an increase in dispositive motions, especially motions for summary judgment. The Center has collected information on dispositive motions in cases terminated in six federal district courts during 1975, 1985, 1988, 1990, 1995 and 2000. This preliminary analysis examines changes in summary judgment practice.

November 1, 2001
United States District Courts’ Local Rules and Procedures on Electronic Filing by Self-Represented Litigants

This report compiles local rules and procedures in the ninety-four district courts on electronic filing by self-represented litigants. More than two thirds of the courts permit self-represented litigants to use the court’s electronic filing system at least on a case-by-case basis. Twenty-nine courts (31%) generally prohibit electronic filing by self-represented litigants. The Northern District of Texas generally requires it. Ten other courts (11%) generally permit it. The remaining fifty-four courts (57%) permit self-represented litigants to request permission to use the electronic filing system.

A 2022 report included a survey of rules and procedures and interviews with court staff in a selection of appellate, district, and bankruptcy courts: Federal Courts’ Electronic Filing by Pro Se Litigants.

February 20, 2025
Unpublished Dispositions: Problems of Access and Use in the Courts of Appeals

A brief analysis of the issue of equitable access to unpublished appellate decisions, based on an examination of the circuit courts' rules and practices regarding distribution and citation of unpublished dispositions. Data on the number and types of unpublished dispositions in statistical years 1981 to 1984 are presented.

January 1, 1985
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. 

 

October 25, 2015
Unredacted Social Security Numbers in Federal Court PACER Documents

This study examines unredacted social security numbers and individual taxpayer identification numbers, collectively referred to as “SSNs,” in federal court documents available in the Public Access to Court Electronic Records (PACER) service. The study was conducted at the request of the Judicial Conference Committee on Court Administration and Case Management (CACM).

May 30, 2024
Unresolved Intercircuit Conflicts: The Nature and Scope of the Problem, Final Report: Phase I

In section 302 of the Judicial Improvements Act of 1990, Congress took steps to address long-felt concerns about the capacity of the federal judicial system to provide, within a reasonable time, a uniform construction of federal law where uniformity is needed. Adopting a recommendation of the Federal Courts Study Committee, Congress asked that the Federal Judicial Center undertake a study to determine "the number and frequency of conflicts among the judicial circuits . . . that remain unresolved because they are not heard by the Supreme Court." The Center asked the author to design and conduct the study. The results of the first phase of the research are presented in this report.

December 1, 1991
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.

November 1, 2011
Use of Expert Testimony, Specialized Decision Makers, and Case-Management Innovations in the National Vaccine Compensation Program

A report on the Center's study of the vaccine injury program. The report examines why the program was created, its implementation, the filing and termination rates over its course, and participants' views of the program. The authors also discuss whether the program structure would be appropriate in other types of cases.

January 1, 1998

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