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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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Federal Courts’ Electronic Filing by Pro Se Litigants

We learned from several dozen federal clerks of court and members of their staffs that pro se litigants are sometimes able to file electronically using the federal courts’ Case Management/Electronic Case Files (CM/ECF) system, but many courts are hesitant to allow pro se filing in CM/ECF. Prisoners do not have access to the Internet, so it is not feasible for them to use CM/ECF.

We conducted this research at the request of the federal rules committees’ working group on pro se electronic filing. The most salient rules-related lessons of this research are (1) perhaps paper filers should not be required to serve their filings on parties already receiving electronic service; and (2) because electronic filing is sometimes understood to mean filing using CM/ECF and sometimes understood to mean submitting filings electronically, such as by email, perhaps the rules should clarify their references to electronic filing.

May 10, 2022
Electronic Filing Times in Federal Courts

The Judicial Conference’s standing Committee on Rules of Practice and Procedure requested research on electronic filing practices as it considered whether a filing should be made at some hour earlier than midnight on the day that it is due. This report charts the filing times for all docket entries made in 200 federal courts in 2018 by court and filer type, with additional charts on motions and responses. Also described are court hours and drop boxes. A related report describes Electronic Filing in State Courts.

April 25, 2022
Study of the Administrative Office of the U.S. Courts’ Wiretap Report

This report presents the findings from focus groups conducted with judiciary and nonjudiciary stakeholders on the Administrative Office of the U.S. Courts' Wiretap Report.

December 16, 2021
Federal and State Forum Preferences: A Survey of Attorneys in Recently Closed Diversity Jurisdiction Cases

This report discusses findings related to surveyed attorneys in recently closed cases filed in or removed to federal court based on diversity of citizenship jurisdiction.

December 13, 2021
COVID-19 Focus Groups Summary: Themes and Highlights

This report outlines the common themes that emerged in challenges and solutions identified in focus groups with district court judges and clerks of court, bankruptcy court judges and clerks of court, and magistrate judges from November 2020 to February 2021.

December 10, 2021
Patent Pilot Program: Final Report

Final report provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee.

November 5, 2021
How Federal Courts Used Their Public Websites During the COVID-19 Pandemic: An Overview and Some Lessons for the Future

This report provides an overview of the availability of information about court operations during the COVID-19 pandemic, specifically court information on the federal courts’ public websites and how the information is presented to and accessed by website visitors. This overview also describes the differing approaches federal courts have taken for disseminating COVID-19 information on their websites and concludes with suggestions on how courts might enhance the accessibility of that information. 

June 16, 2021
Certified Questions of State Law: An Examination of State and Territorial Authorizing Statutes

This report examines state and territorial statutes that authorize certification of questions of state law. Forty-nine states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and the Mariana Islands all have certified question statutes, which specify from which courts they can accept questions. The report identifies the general trends and considerable variations between the statutes.

June 3, 2020
Certification of Questions of State Law in the U.S. Courts of Appeals for the Third, Sixth, and Ninth Circuits (2010–2018)

This report evaluates the use of certified questions of state law between 2010 and 2018 in three U.S. circuit courts of appeal: the Ninth, Sixth, and Third Circuits. The data shows variation in the rate of certification and timing of certification events between the circuits.

June 3, 2020
Opt-in: Potential Workload Implications for the Federal Judiciary

In late 2017, the Committee on Defender Services (Committee) asked the Federal Judicial Center to generate a white paper on the potential effects on the federal courts and the defender services program of a determination that states have “opted in” to special expedited procedures created by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).

After a brief discussion of some of the changes under “opt-in,” as Chapter 154’s procedures are called, this white paper discusses the potential impact of opt-in for the federal district and appellate courts with jurisdiction in Arizona and Texas, the two states that have applied for opt-in status thus far.

February 6, 2020

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