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Reports and 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.

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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
ADR in the Federal District Courts: An Initial Report

This report provides a brief history of alternative dispute resolution, or ADR, in the federal district courts, touching on the statutes that have prompted ADR developments and noting policy guidance and support to assist courts in establishing ADR programs. The report then provides a summary of ADR procedures authorized in the district courts as of late 2011.

November 16, 2011
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
Survey of Federal Transferee Judges in MDL Proceedings Regarding Coordination with Parallel State Proceedings: Report to the Judicial Panel on Multidistrict Litigation and the Judicial Conference Committee on Federal-State Jurisdiction

The Judicial Conference Committee on Federal-State Jurisdiction and the Judicial Panel on Multidistrict Litigation ("JPML") asked the Federal Judicial Center to survey transferee judges in multidistrict litigation proceedings about their experiences in coordinating with state judges. The purpose of the survey was to provide the committee and the JPML with information to assist in the development of practical resources to facilitate coordination between federal and state parallel proceedings in complex litigation.

December 1, 2011
Early Stages of Litigation Attorney Survey: Report to the Judicial Conference Advisory Committee on Civil Rules

This report summarizes the findings of a study of the operation of Federal Rules of Civil Procedure 26(f) and 16(b) in a nationwide sample of recently terminated civil cases.

March 1, 2012
Survey of District Court Judges on a Proposed Amendment to Federal Rule of Evidence 801(d)(1)(B) Concerning Prior Consistent Statements

This report was prepared for the Advisory Committee on the Federal Rules of Evidence. Under the current version of Fed. R. Evid. 801(d)(1)(B), prior consistent statements are admissible for their substance as well as for their rehabilitation only if they rebut recent fabrication because they occurred before the fabrication motive. If a prior consistent statement is admissible for credibility but not admissible for substance, the opposing party is entitled to a jury instruction. Because of perceived difficulties with such an instruction, an amendment to Rule 801(d)(1)(B) was proposed to the Evidence Rules Committee. This paper reports the results of an FJC survey of district judges on matters related to the proposed amendment.

March 2, 2012
Second Report Pursuant to Section 202(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act Pub. L. No. 111-203 (2010)

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“the Act”) introduced a broad array of regulatory reforms in the financial sector. Among those reforms is Title II of the Act, which provides a process for the identification and orderly liquidation of distressed, systemically important financial institutions. Title II also directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of distressed financial institutions under Title 11 of the United States Code (the Bankruptcy Code). The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (“First Report”). The AOUSC now submits this second report in compliance with section 202(e)’s instruction that it summarize the results of its study in a report “[n]ot later than 1 year after the date of enactment of th[e] Act [and] in each successive year until the third year.” This report to Congress was prepared with the assistance of the Federal Judicial Center.

July 27, 2012
Process-Descriptive Study of Judge-Involved Supervision Programs in the Federal System

This report presents the results of the Federal Judicial Center's retrospective process-descriptive study of judge-involved supervision programs for offenders in the federal courts. It is part of a larger research effort to investigate how programs modeled on state and local drug and reentry court programs operate in the federal system. This report does not evaluate these programs, but describes the population served, the services provided, and, through official data, how the participants fared when compared with a group of similar offenders who were not in a program.

February 1, 2013
Bankruptcy Court Rules and Procedures Regarding Electronic Signatures of Persons Other than Filing Attorneys

At the request of the Advisory Committee on Rules of Bankruptcy Procedure, the Center collected and reviewed local bankruptcy rules regarding signatures of non-registrants of CM/ECF (e.g., debtors) and requirements for retention of documents bearing original handwritten signatures of non-registrants. Staff also reviewed district court rules regarding signatures and retention, reviewed an OMB document on the use of electronic signatures in federal transactions, and solicited the views of interested parties regarding potential rules changes in these areas.

 
February 22, 2013
Third Report Pursuant to Section 202(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act Pub. L. No. 111-203 (2010)

In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (First Report), and its second report on July 17, 2012 (Second Report). The AOUSC now submits this third report in compliance with section 202(e). This report to Congress was prepared with the assistance of the Federal Judicial Center.

July 1, 2013

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