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Costs of Litigation

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December 29, 2017
Jayme J. Herschkopf

This guide summarizes issues related to third-party financing of civil litigation. It discusses how judges might manage cases involving litigation financing, including ethical issues, legal issues raised by financing agreements, and discovery issues related to such agreements. 

For more information on third-party litigation financing, visit the Third Party Litigation Financing Special Topics Page.

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January 29, 2016
Paul W. Grimm

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 the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

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April 1, 2011
Marie Leary

The Judicial Conference Advisory Committee on Appellate Rules requested this report on circuit practices for awarding costs under Rule 39 of the Federal Rules of Appellate Procedure. The report describes the variations among the circuits' rules and procedures, compares how the circuits have implemented Fed. R. App. P 39, and presents a comparative analysis of costs awards. It also offers some procedural and conclusory observations from the research.

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March 1, 2010
Emery G. Lee, Thomas E. Willging

This report presents the results of interviews of a small group of attorneys who had completed the Center's case-based survey on the costs of litigation under the Federal Rules of Civil Procedure. The attorneys discuss the principal factors associated with higher litigation costs, particularly discovery, and they also discuss pleading standards, summary judgment, and other procedural matters.

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March 1, 2010
Emery G. Lee, Thomas E. Willging

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.

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January 1, 2010
Judicial Conference of the United States, Committee on Court Administration and Case Management

This manual provides trial judges a handbook on managing civil cases. It sets out a wide array of case-management techniques, beginning with early case screening and concluding with steps for streamlining trials and final disposition. It also discusses a number of special topics, including pro se and high visibility cases, the role of staff, and automated programs that supports case management. This new edition incorporates statutory and rules changes and contains updated advice on electronic case management, electronic discovery, and ways of containing costs and expediting cases.

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October 1, 2009
Emery G. Lee, Thomas E. Willging

This report presents preliminary findings from a survey of attorneys in recently closed civil cases which the Federal Judicial Center conducted in May and June 2009. Nearly half of the attorneys invited to participate responded. The report covers discovery activities and case management in the closed cases; electronic discovery activities in the closed cases; attorney evaluations of discovery in the closed cases; the costs of litigation and discovery; and attitudes toward specific reform proposals and, more generally, the Federal Rules of Civil Procedure.

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