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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 |
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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 |
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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 The editors selected writings from the twenty-five published and unpublished reports on the topic the Center has supported in the last fifteen years.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
Part Two: Case Weighting, 293
Part Three: Oral Arguments, Briefs, and Opinions, 389
Part Four: Administration, 535
Part Five: Technology, 743
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January 1, 1988 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
