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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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Resource Guide for Managing Prisoner Civil Rights Litigation with Special Emphasis on the Prison Litigation Reform Act

A resource for federal judges, pro se law clerks, and others in the courts who manage prisoner pro se litigation. The guide builds on an earlier Center report, Recommended Procedures for Handling Prisoner Civil Rights Cases in the Federal Courts (rev. 1980), while reflecting statutory changes and federal court experience in the sixteen years since that report was published. The guide describes provisions of the Prison Litigation Reform Act, enacted in April 1996, and how they are likely to affect widespread practices. Illustrative case-management forms are included in the appendix.

January 1, 1996
Results of a Survey of U.S. District and Magistrate Judges: Use of Virtual Technology to Hold Court Proceedings

This report summarizes the responses to a survey conducted by the Federal Judicial Center in July 2021 to collect the experiences and insights of U.S. district and magistrate judges across the country regarding their use of virtual technology (videoconferencing and teleconferencing) before, during, and after the pandemic.

May 31, 2022
Review of Scientific Literature on the Reliability of Present Sense Impressions and Excited Utterances

This review of scientific literature regarding the reliability of present sense impressions and excited utterances as it pertains to the Federal Rules of Evidence was presented as a memorandum to the Advisory Committee on Rules of Evidence.

March 5, 2016
Role of the Judge in the Settlement Process

An analysis of some judicial techniques that help maximize the possibility of freely negotiated settlements. Reprinted in 75 Federal Rules Decisions 203

January 1, 1977
Roundtable on the Use of Technology to Facilitate Appearances in Bankruptcy Proceedings

In August 2005, the Federal Judicial Center, at the request of and with assistance from the Subcommittee on Automation of the Judicial Conference Committee on the Administration of the Bankruptcy System, held a program at which bankruptcy judges discussed the use of distance participation technology to conduct bankruptcy proceedings. At the request of the Committee, the Center prepared this report to summarize the discussions at that program.

A subsequent guide was published: Remote Participation in Bankruptcy Court Proceedings (2017).

January 1, 2006
Rule 1006: Paying Filing Fee Installments through the Chapter 13 Trustee

Survey results regarding suggested changes to Fed. R. Bankr. P. 1006 are presented in this memo.

February 21, 1994
Rule 11: Final Report to the Advisory Committee on Civil Rules of the Judicial Conference of the United States

Report on an empirical study of Federal Rule of Civil Procedure 11. The Research Division of the FJC undertook the study to assist the Advisory Committee on Civil Rules in its evaluation of the rule. The study has three major components: (1) a survey of all federal district judges about their experiences with Rule 11; (2) an analysis of all district and appellate opinions published between 1984 and 1989 that address Rules 11 issues; and (3) a study of Rule 11 activity in five district courts. The district court study includes a separate analysis of the application of Rule 11 to civil rights cases in these five courts.

January 1, 1991
Rule 2004 Examinations—Survey Results

Memorandum to the Judicial Conference Advisory Committee on Bankruptcy Rules responding to request for an estimate of the number of motions and other requests for Rule 2004 examinations and information about current practices related to Rule 2004 examinations.

September 20, 1996
Sealed Cases in Federal Courts

An analysis of all cases filed in federal district courts, bankruptcy courts, and courts of appeals in 2006 revealed that 0.2% of civil cases, 1.6% of criminal cases, 16% of magistrate judge cases, 34% of miscellaneous cases, and 0.1% of appeals were sealed approximately two years after filing. Cases filed in bankruptcy courts are virtually never sealed. This report, prepared for a sealed case subcommittee of the Judicial Conference's standing Committee on Rules of Practice and Procedure, describes why and how cases were sealed.

October 23, 2009
Sealed Settlement Agreements in Federal District Court

An examination of 288,846 federal district court cases revealed 1,270 cases that appeared to have sealed settlement agreements, for a sealed settlement rate of less than one half of one percent. In 97% of the cases with sealed settlements the complaint was not under seal. This research was conducted at the request of the Judicial Conference's Advisory Committee on Civil Rules. Although the practice of confidential settlement agreements is common, the question was how often and under what circumstances are such agreements filed under seal.

The report's appendices include a compilation of federal district court rules concerning sealed court documents and descriptions of the cases that appeared to have sealed settlement agreements.

For earlier unpublished research which included a compilation of both federal and state rules concerning sealed court documents, see Sealed Settlement Agreements in Federal District Court - May 2003 Progress Report.

May 19, 2004

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