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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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Mass Tort Settlement Class Actions: Five Case Studies

This report by Professor Jay Tidmarsh of Notre Dame Law School examines five cases in which Rule 23 of the Federal Rules of Civil Procedure has been used to achieve a settlement of a mass tort controversy. The reason for studying mass tort settlement class actions is simple: Using class actions for this purpose has been, and is, controversial. The mass tort settlement class action was the subject of a significant decision in the last term of the Supreme Court, and it is also the subject of a proposed amendment to Rule 23 that has been under consideration by the Advisory Committee on the Federal Rules of Civil Procedure. There has been considerable debate both about the idea of settlement class actions in general and about the proposed amendment in particular. There have also been a number of case studies or anecdotal descriptions about mass torts in which settlement classes have been used. Thus far, however, the studies and descriptions have been narrowly focused on only one case or on only some of the issues relevant to the propriety of settlement class actions.

January 1, 1998
Mandatory Initial Discovery Pilot (MIDP) − Final Report

This study presents findings related to the Mandatory Initial Discovery Pilot (MIDP) project in new civil cases initiated in district courts. The Center conducted the study at the request of the Advisory Committee on Civil Rules.

During the pilot project, the Center posted program resources.

November 1, 2022
Managing Appeals in Federal Courts

An anthology of Center reports on handling appeals. The editors selected writings from the twenty-five published and unpublished reports on the topic the Center has supported in the last fifteen years. Eighteen of these reports are reprinted in whole or in part. The editors' introductions to each of the book's five parts provide descriptions or summaries of the reports not reprinted.

Introduction: Robert A. Katzman and Michael Tonry

Part One: Case Management, 13

  • Introduction, by Robert A. Katzman and Michael Tonry, 15
  • An An Evaluation of the Civil Appeals Management Plan: An Experiment in Judicial Administration , by Jerry Goldman, 21
  • A Reevaluation of the Civil Appeals Management Plan, by Anthony Partridge and Allan Lind, 89
  • The Seventh Circuit Preappeal Program: An Evaluation, by Jerry Goldman, 171
  • Administration of Justice in a Large Appellate Court: The Ninth Circuit Innovations Project, by Joe S. Cecil, 207

Part Two: Case Weighting, 293

  • Introduction, Michael Tonry, 295
  • A Summary of the Third Circuit Time Study, by Division of Research, Federal Judicial Center, 299
  • Appellate Court Caseweights, by Division of Research, Federal Judicial Center, 309
  • The Cases of the United States Court of Appeals for the District of Columbia Circuit, by Gordon Bermant, Patricia A. Lombard, and Carroll Seron, 337

Part Three: Oral Arguments, Briefs, and Opinions, 389

  • Introduction, by Robert A. Katzman and Michael Tonry, 391
  • Deciding Cases Without Argument: An Examination of Four Courts of Appeals, by Joe S. Cecil and Donna Stienstra, 397
  • Appeals Without Briefs: Evaluation of an Appeals Expediting Program in the Ninth Circuit, by John E. Shapard, 441
  • An Evaluation of Limited Publication in the United States Courts of Appeals: The Price of Reform, by William L. Reynolds and William M. Richman, 455
  • Unpublished Dispositions: Problems of Access and Use in the Courts of Appeals, by Donna Stienstra, 497

Part Four: Administration, 535

  • Introduction, by Robert A. Katzman and Michael Tonry, 537 
  • The Impact of the Circuit Executive Act, by John T. McDermott and Steven Flanders, 543
  • The First Decade of the Circuit Executive Act: An Evaluation, by John W. Macy, Jr., 629
  • Screening Practices and the Use of Para-Judicial Personnel in the U.S. Courts of Appeal: A Study in the Fourth Circuit, by Steven Flanders and Jerry Goldman, 641
  • Operation of the Federal Judicial Councils, by Steven Flanders and John T. McDermott, 657
  • Administering the Federal Judicial Circuits: A Survey of Chief Judges' Approaches and Procedures, by Russell R. Wheeler and Charles W. Nihan, 691

Part Five: Technology, 743

  • Introduction, Michael Tonry, 745
  • The Impact of Word Processing and Electronic Mail on United States Courts of Appeals, by Larry Farmer and J. Michael Greenwood, 749
  • Follow-Up Study of Word Processing and Electronic Mail in the Third Circuit Court of Appeals, by J. Michael Greenwood, 801
January 1, 1988
Local-Counsel Requirements for Practice in Federal District Courts

This report, which was prepared for the standing Committee on Rules of Practice and Procedure’s subcommittee on attorney admissions, summarizes when and where federal district courts require local counsel to participate in litigation and attorney admissions to the district courts’ bars.

April 24, 2024
Litigation Costs in Civil Cases: Multivariate Analysis - Report to the Judicial Conference Advisory Committee on Civil Rules

This report presents a mutlivariate analysis of factors associated with litigation costs in a sample of recently closed civil cases. It uses data first presented in the Center's October 2009 Preliminary Report to the Advisory Committee on Civil Rules and is based on a national case-based survey on the costs of litigation under the Federal Rules of Civil Procedure.

March 1, 2010
Likely Consequences of Amendments to Rule 68, Federal Rules of Civil Procedure

A report that uses trial attorneys' responses to a Center survey concerning 800 federal civil cases in assessing proposed amendments to Fed. R. Civ. P. 68 to make it more effective in encouraging settlement and reducing litigation. The results indicate that a more effective Rule 68 would be well received by most attorneys and would likely influence litigation in about 50% of civil cases, resulting in more and earlier settlements at reduced expense and with limited effects for litigants of modest means.

January 1, 1995
Jury-Trial Demands in Terminated Civil Cases, Fiscal Years 2010–2019

This report summarizes findings on jury-trial demands from court electronic records for civil cases terminated in fiscal years 2010–2019.

June 15, 2022
Jurors’ and Attorneys’ Use of Social Media During Voir Dire, Trials, and Deliberations: A Report to the Judicial Conference Committee on Court Administration and Case Management

This report summarizes the results of a Center survey of district court judges to assess the frequency with which jurors used social media to communicate during trials and deliberations in the past two years, and to identify strategies for curbing this behavior. The survey was conducted at the request of the Judicial Conference Committee on Court Administration and Case Management. The survey also assessed the frequency with which attorneys use social media to conduct research on potential jurors during voir dire. The survey is a follow-up to one conducted in 2011 on jurors’ use of social media; attorneys’ use of social media was not addressed in the original survey.

January 1, 2014
Jurors' Use of Social Media During Trials and Deliberations: A Report to the Judicial Conference Committee on Court Administration and Case Management

The Judicial Conference Committee on Court Administration and Case Management (CACM) asked the Federal Judicial Center to develop and administer a short survey of district court judges to assess the frequency with which jurors use social media to communicate about cases during trial and deliberation. The survey also sought to identify strategies judges have found to be effective and appropriate in curbing this behavior. This report presents the findings from the survey. A subsequent survey in 2014 also considered attorneys' use of social media.

November 22, 2011
Jurisdictions with a High Number of Civil Jury Trials

This report fulfills the Center’s requirement under the Consolidated Appropriations Act, 2022 (Pub. L. No. 117-103), to submit a report to the House and Senate Committees on Appropriations “identifying jurisdictions that have a high number of civil jury trials and analyze whether the litigation practices, local court rules, or other factors in those jurisdictions may contribute to a higher incidence of civil jury trials.”

March 8, 2023

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