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This pocket guide was created to provide transferee judges handling multidistrict litigation (MDL) with an overview of the bellwether trial process. Bellwether trials are one of many case-management tools available to MDL transferee judges. Although bellwether trials are not appropriate for every MDL proceeding, this guide outlines practical considerations for establishing and implementing bellwether protocols in proceedings where a court chooses to utilize them. Examples of past bellwether protocols are provided throughout the guide as potential models for future orders and to demonstrate the flexibility that courts have in designing bellwether trial strategies that are well-suited to the demands of particular MDL proceedings.
This guide on the use of distance participation (DP) technology to conduct bankruptcy hearings and trials provides an overview of general considerations, ranging from philosophical to practical, and then examines separately the use of the teleconferencing and videoconferencing. Each district, and indeed each judge, must decide whether to use DP technology, and if so, how to use it. The goals of this guide are to aid in making those decisions, and to encourage the use of DP technology so as to promote access to the courts, make the best use of existing judicial resources, and contain costs while maintaining the quality of court proceedings and compliance with the Federal Rules of Bankruptcy Procedure, the Federal Rules of Evidence, and other legal authority. Its suggestions are based on the varied experiences of bankruptcy judges and clerks of court around the country.
This guide was prepared at the request of the Judicial Conference of the United States Committee on the Administration of the Bankruptcy System. The guide builds on a 2005 FJC Roundtable and Report and reflects technological advances and the courts’ increased experience with DP technology.
PDFs of the guide and appendices are below. Appendix B: Sample Case-Management Orders is a separate webpage.
This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.
This report summarizes the results of a Center survey of district court judges to assess the frequency with which jurors used social media to communicate during trials and deliberations in the past two years, and to identify strategies for curbing this behavior. The survey was conducted at the request of the Judicial Conference Committee on Court Administration and Case Management. The survey also assessed the frequency with which attorneys use social media to conduct research on potential jurors during voir dire. The survey is a follow-up to one conducted in 2011 on jurors’ use of social media; attorneys’ use of social media was not addressed in the original survey.
The Manual on Recurring Problems in Criminal Trials (6th ed.) outlines the law governing many of the specific issues and procedural matters that arise frequently in criminal trials. The Sixth Edition added new material and revised the organization and format to enhance usability. Among the topics covered are pro se representation, jury-related matters, disclosure, evidentiary issues, contempt, confessions, and multiple defendants. Circuit splits are also noted. The Manual has been updated to include cases decided during the Supreme Court's October 2009 Term, and district and appellate case summaries through July 1, 2010.
The fifth edition of the late Judge Voorhees's guide to the law governing many of the procedural matters that arise in criminal trials. The material, which was originally prepared for Center seminars for newly appointed district judges, has been updated to include cases decided during the Supreme Court's 2000-2001 Term and U.S. Court of Appeals cases reported through 212 F.3d 306. Among the topics covered are jury-related problems, evidentiary issues, civil and criminal contempt, the Fifth Amendment, confessions, and severance of defendants.
Form 1: Initial Case Management Scheduling Order
Form 2: Order for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference
Form 3: Initial Scheduling Order
Form 4: Guidelines for Discovery, Motion Practice and Trial
Form 5: Individual Practices of Judge Miriam Goldman Cedarbaum
Form 6: Recommended Model for Individual Judge’s Practices
Form 7: Standing Order for Matters Before Judge Martin J. Jenkins
Form 8: Instructions Regarding Pretrial Proceedings
Form 9: Standing Pretrial Procedure Order and Forms
Form 10: Report of Parties’ Planning Meeting (Form 35, Fed. R. Civ. P.)
Form 11: Joint Case Management Statement and Proposed Order
Form 12: Order Setting Case Management Conference and Requiring Joint Case Management
Form 13: Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement
Form 14: Report of Parties’ Planning Meeting Under Fed. R. Civ. P. 26(f) and L.R. 16.3(b)
Form 15: Order Setting Requirements for Rule 26 and Other Pretrial Matters
Form 16: Uniform Trial Practice and Procedures
Form 17: Jurisdictional Checklist
Form 18: Order Concerning Removal
Form 19: Civil RICO Actions
Form 20: Scheduling Order
Form 21: Case Management Order
Form 22: Rule 16(b) Scheduling Order
Form 23: Rule 16.1(A) Initial Order
Form 24: Pretrial Scheduling Order
Form 25: Pretrial Order – Jury Case
The fourth edition of the late Judge Voorhees's guide to the law governing many of the procedural matters that arise in criminal trials. The material, which was originally prepared for Center seminars for newly appointed district judges, has been updated to include cases decided during the Supreme Court's 1994-1995 Term and U.S. Court of Appeals cases reported through 67 F. 3d 940. Among the topics covered are jury-related problems, evidentiary issues, civil and criminal contempt, the Fifth Amendment, confessions, and severance of defendants.