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Research Supporting the Federal Rules

Below is a list of recent, completed/published studies conducted by the Research Division on the Federal Rules of Procedure (civil, criminal, evidence, appellate and bankruptcy).

For a list of projects or other reports of FJC research that the Center has published, click on Research Projects or Reports and Studies.

Displaying 1 - 10 of 172
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Technology-Assisted Review for Discovery Requests: A Pocket Guide for Judges

This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.

Discovery & Disclosure, Electronic Discovery, Federal Rules of Civil Procedure, Fed. R. Civil P. 26, Information Technology March 28, 2017
Amendments to the Federal Rules of Practice and Procedure 2017—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on September 28, 2016, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

Proposed are amendments to Federal Rules of Bankruptcy Procedure 1001, 1006(b), and 1015(b) and amendments to Federal Rules of Evidence 803(16) and 902.

Additional information about these amendments is available on FJC.dcn at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice & Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1001, Fed. R. Bankr. P. 1006, Fed. R. Bankr. P. 1015, Federal Rules of Evidence, Fed. R. Evid. 803, Fed. R. Evid. 902 December 8, 2016
Pro Se Case Management for Nonprisoner Civil Litigation

This manual provides a practical guide to steps that courts can take before and during litigation to manage nonprisoner pro se litigation more efficiently, steps that may also help pro se litigants better navigate the complexities of federal civil litigation. Part I discusses the concept of procedural fairness and the goal of increasing access to justice; it also addresses some of the potential ethical concerns about providing assistance to pro se litigants. Part II examines specific case-management techniques that federal courts have applied or that have been recommended as potentially useful in pro se cases. Part III provides a more in-depth look at many of the legal issues that can arise during pro se litigation, focusing on the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and case law, in order to give judges a better understanding of the scope of their authority and discretion in pro se matters.

Case Management, Civil Litigation & Procedure, Ethics & Codes of Conduct, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure, Federal Rules of Evidence, Pro Se Litigation, Access to Legal Materials September 28, 2016
Amendments to the Federal Rules of Practice and Procedure 2017—Transmittal to the Judicial Conference

These packages of materials was transmitted to the Judicial Conference, and they include proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

Proposed amendments to the Federal Rules of Practice and Procedure in a September 2016 transmittal are as follows:

  • Amendments to Federal Rules of Bankruptcy Procedure 1001, 1006(b), and 1015(b).
  • Amendments to Federal Rules of Evidence 803(16) and 902.

Proposed amendments to the Federal Rules of Practice and Procedure in a March 2017 transmittal are as follows:

  • Amendment to Federal Rules of Appellate Procedure 4(a)(4)(B).
  • Amendments to Federal Rules of Bankruptcy Procedure 2002, 3002, 3007, 3012, 3015, 4003, 5009, 7001, and 9009, new Rule 3015.1, and new Form 113.
  • Amendment to Federal Rules of Civil Procedure 4(m).

Additional information about these amendments is available on FJC.dcn at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice & Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1001, Fed. R. Bankr. P. 1006, Fed. R. Bankr. P. 1015, Federal Rules of Evidence, Fed. R. Evid. 803, Fed. R. Evid. 902 June 27, 2016
Amendments to the Federal Rules of Practice and Procedure 2016—Transmittal to Congress

This package of materials was transmitted to Congress on April 28, 2016, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2016.

Amendments to the Federal Rules of Practice and Procedure are as follows:

  • Amendments to Federal Rules of Appellate Procedure 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, and Forms 1, 5, and 6, and adoption of new Form 7 and a new Appendix.
  • Amendments to Federal Rules of Bankruptcy Procedure 1010, 1011, 2002, 3002.1, 7008, 7012, 7016, 9006, 9027, and 9033, and adoption of new Rule 1012.
  • Amendments to Federal Rules of Civil Procedure 4, 6, and 82.
  • Amendments to Federal Rules of Criminal Procedure 4, 41, and 45.

Additional information about these amendments is available on FJC.dcn at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice & Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 1, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 27, Fed. R. App. P. 28, Fed. R. App. P. 28.1, Fed. R. App. P. 29, Fed. R. App. P. 32, Fed. R. App. P. 35, Fed. R. App. P. 4, Fed. R. App. P. 40, Fed. R. App. P. 5, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1010, Fed. R. Bankr. P. 1011, Fed. R. Bankr. P. 1012, Fed. R. Bankr. P. 2002, Fed. R. Bankr. P. 3002.1, Fed. R. Bankr. P. 7008, Fed. R. Bankr. P. 7012, Fed. R. Bankr. P. 7016, Fed. R. Bankr. P. 9006, Fed. R. Bankr. P. 9012, Fed. R. Bankr. P. 9027, Fed. R. Bankr. P. 9033, Federal Rules of Civil Procedure, Fed. R. Civil P. 4, Fed. R. Civil P. 6, Fed. R. Civil P. 82, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 4, Fed. R. Crim. P. 41, Fed. R. Crim. P. 45 April 28, 2016
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.

Hearsay (801-807), Scientific Evidence, Federal Rules of Practice & Procedure, Federal Rules of Evidence, Fed. R. Evid. 803 March 5, 2016
Amendments to the Federal Rules of Civil Procedure 2015—PowerPoint Presentation

Judge Paul W. Grimm, District of Maryland, developed the attached PowerPoint presentation describing the 2015 amendments to the Federal Rules of Civil Procedure. The amendments reformed discovery rules to maximize efficiency, including cost containment, and were not intended to deprive parties in civil litigation of proof or defense.

Additional information is available on FJC.dcn at Amendments to the Federal Rules of Practice and Procedure (webpage).

Costs of Litigation, Discovery & Disclosure, Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 34 January 29, 2016
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Failure to Preserve Electronically Stored Information

Amendments to Federal Rule of Civil Procedure 37(e), which became effective on December 1, 2015, specify that sanctions for failure to preserve electronically stored information (ESI) require findings that (1) the ESI should have been preserved in the anticipation of litigation, (2) the party failed to take reasonable steps to preserve it, and (3) it cannot be restored or replaced through additional discovery. The rule does not create a duty to preserve ESI. Instead, it leaves in place the common-law duty.

Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure December 1, 2015
Civil Rules Amendments 2015 Comparison Chart Prepared by the District of Maryland

This comparison chart was prepared by the District of Maryland to show 2015 amendments to the Federal Rules of Civil Procedure.

Additional information about rules amendments is available on FJC.dcn at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure December 1, 2015
Amendments to the Federal Rules of Practice and Procedure 2015—Civil Rules Redline

Amendments to the following Federal Rules of Civil Procedure became effective on December 1, 2015: 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55. Rule 84 and the Appendix of Forms were abrogated.

Additional information about these amendments is available at FJC.gov:

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 30, Fed. R. Civil P. 31, Fed. R. Civil P. 33, Fed. R. Civil P. 34, Fed. R. Civil P. 37, Fed. R. Civil P. 4, Fed. R. Civil P. 55, Fed. R. Civil P. 84 December 1, 2015

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