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Discovery & Disclosure

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October 19, 2018
Jason A. Cantone, Emery G. Lee

This report is a study of a discovery pilot testing pattern initial disclosures in adverse action employment cases. Compared to a sample of similar cases, pilot cases did not have shorter disposition times but did have fewer discovery motions.

September 12, 2018

This guide provides information for judges about organizing, managing, and storing physical documents and electronic materials in chambers. It discusses the importance of federal judges' papers as a documentary record of judges' careers and the work of the federal courts. The guide describes how students of the federal courts use judges' papers and offers guidelines for judges' selection of a repository to house a collection.

January 8, 2018

The Initial Discovery Protocols for Fair Labor Standards Act Cases Not Pleaded as Collective Actions (Initial Discovery Protocols) provide a new pretrial procedure for certain types of Fair Labor Standards Act (FLSA) cases. These protocols, developed by a committee of attorneys experienced with FLSA matters, are meant to “encourage the parties and their counsel to exchange information and documents early in the case, help frame the issues to be resolved, and plan for more efficient and targeted discovery.” 

December 1, 2017

Federal Rules of Evidence 902(13) and 902(14), which became effective on December 1, 2017, provide for the self-authentication of electronic evidence. Under these rules, electronic evidence can be authenticated by certification instead of by testimony. Rule 902(13) applies to electronic evidence such as computer files, social media posts, and smart device data. Rule 902(14) applies to electronic copies.

Downloadable file:
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November 7, 2017
Elizabeth C. Wiggins

This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases.

October 24, 2017

This page includes documents related to the use of discovery and the Rule 2004 examination and production process. A Chapter 9 debtor is obligated to provide only limited financial and operational information with its petition. Because of a Chapter 9 debtor’s limited disclosure obligations, creditors may request additional information through discovery or Rule 2004 examination process.

Rule 2004 Examinations and Discovery is one of several Chapter 9 Online Repository categories.

September 20, 2017
Ronald J. Hedges, Barbara J. Rothstein, Elizabeth C. Wiggins

This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) covers the December 1, 2015, amendments to the Federal Rules of Civil Procedure and reflects the rise of new sources of ESI, particularly social media, and updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits.

July 27, 2017

The Advisory Group to the New York State–Federal Judicial Council analyzed New York State and federal courts’ treatment of prelitigation conduct involving the creation, retention, and destruction of electronically stored information (ESI) to determine whether the courts were consistent and harmonious when addressing these issues.

July 4, 2017

A detailed description of the Mandatory Initial Discovery Pilot Project, which begins for participating judges in the Northern District of Illinois, Eastern Division, on June 1, 2017.

A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project in the Northern District of Illinois.

July 4, 2017

A detailed description of the Mandatory Initial Discovery Pilot Project, which began in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

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