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Discovery & Disclosure

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January 1, 2013

A joint project by the National Center for State Courts, the United States Judicial Panel on Multidistrict Litigation, and the Federal Judicial Center, this pocket guide provides information on the coordination and management of related cases that are pending simultaneously in both state and federal courts. The guide provides useful tips for initiating contact with judges in other jurisdictions regarding related cases, for coordinating discovery across jurisdictional lines, and for managing attorney disputes.

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July 8, 2012
Robert Timothy Reagan

Among the reasons that courts issue protective orders in both civil and criminal cases is to keep discovery confidential on a showing of good cause. Experience has proved confidentiality protective orders to grease the wheels of discovery in many cases. The protective orders discussed in this pocket guide are different from sealing orders that protect the courts' own records and protective orders that protect information from discovery. Among the topics addressed here are blanket orders, stipulated orders, and designating discovery for attorney eyes only.

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May 21, 2012
Barbara J. Rothstein, Ronald J. Hedges, Elizabeth C. Wiggins

This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI).

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November 1, 2011
Employment Protocols Committee

The Initial Discovery Protocols for Employment Cases Alleging Adverse Action provide a new pretrial procedure for certain types of federal employment cases. As described in the Protocols, their intent is to "encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery." Individual judges throughout the United States District Courts will pilot test the Protocols and the Federal Judicial Center will evaluate their effects.

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October 1, 2011
Emery G. Lee

The Judicial Conference Advisory Committee on Civil Rules asked the Federal Judicial Center to study the operation of Rules 16 and 26(f) in the district courts. This report summarizes findings of part of that study. Specifically, this report examines the timing of Rule 16 scheduling orders in civil cases and, drawing from those scheduling orders, also examines the timing of the first discovery cut-off date imposed, without regard to any extension. The data analyzed in this report were drawn from court records in 11 districts.

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June 6, 2011
Emery G. Lee

In 2010, the Judicial Conference Advisory Committee on Civil Rules requested a study of motions for sanctions based on an allegation that the nonmoving party had destroyed evidence, especially electronically stored information (ESI). The study examined the electronic docket records of civil cases filed in 2007–2008 in 19 districts, including at least one district in every circuit except the District of Columbia Circuit. This report summarizes the findings of that study and, where appropriate, compares those findings to other studies.

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February 1, 2011
Laural L. Hooper, David E. Rauma, Marie Leary, Shelia Thorpe

The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to amend Rule 16 to incorporate the government's constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure obligation. The Center conducted a national survey, which included an online survey of all federal district and magistrate judges, U.S.

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April 16, 2010
Michael Robert Hogan

United States v. Sedaghaty (D. Or. 6:05-cr-60008).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

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