Research Reports

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Analysis of Briefing Requirements in the United States Courts of Appeals

Marie Leary

November 30, 2004

The Federal Judicial Center prepared this report to assist the Judicial Conference Advisory Committee on the Federal Rules of Appellate Procedure to evaluate reported problems with and potential amendments to Rules 28 and 32 on the content and cover of briefs.

Treatment of Brady v. Maryland Material in United States District and State Courts' Rules, Orders, and Policies

Laural L. Hooper, Jennifer Evans Marsh, Brian Yeh

October 1, 2004

The Center prepared this report at the request of the Advisory Committee on Criminal Rules as it considers whether to propose amendments to Rules 11 and 16 to codify the disclosure requirements in Brady v. Maryland.

Sealed Settlement Agreements in Federal District Court

Robert Timothy Reagan, Shannon R. Wheatman, Marie Leary, Natacha Blain, Steven S. Gensler, George W. Cort, D. Dean P. Miletich

May 19, 2004

An examination of 288,846 federal district court cases revealed 1,270 cases that appeared to have sealed settlement agreements, for a sealed settlement rate of less than one half of one percent. In 97% of the cases with sealed settlements the complaint was not under seal.

Attorney Reports on the Impact of Amchem and Ortiz on Choice of a Federal or State Forum in Class Action Litigation: A Report to the Advisory Committee on Civil Rules Regarding a Case-based Survey of Attorneys

Shannon R. Wheatman, Thomas E. Willging

April 1, 2004

While considering a proposal to amend Fed. R. Civil P.

Survey of Bankruptcy Judges Regarding Use of Rule 7026 Mandatory Disclosure in Adversary Proceedings

Robert J. Niemic, Shannon R. Wheatman

March 22, 2004

Rule 26 of the Federal Rules of Civil Procedure requires each party to disclose to the other, at specified time intervals, a variety of information about their case.

Conference on Large Chapter 11 Cases

Judicial Conference of the United States, Committee on the Administration of the Bankruptcy System

January 1, 2004

The purpose of the conference, held in Washington, D.C.

State Court Procedures Regarding Pre-Verdict Judgments of Acquittal and the State's Right to Appeal Those Judgments

Laural L. Hooper, Marie Leary

September 30, 2003

The Department of Justice (DOJ) has proposed amending Rule 29 to preserve the government's right to appeal a trial court's decision to grant a motion for judgment of acquittal.

Remote Public Access to Electronic Criminal Case Records: A Report on a Pilot Project in Eleven Federal Courts

David E. Rauma

May 7, 2003

Prepared for the Court Administration and Case Management Committee of the Judicial Conference, this study shows there may be more advantages to remote public access to electronic criminal case documents than disadvantages or potential harm and that the majority of federal judges in the study fav

Sealed Settlement Agreements in Federal District Court—May 2003 Progress Report

Tim Reagan, Marie Leary, Shannon R. Wheatman, Thomas E. Willging, Natacha Blain, George W. Cort, D. Dean P. Miletich

May 1, 2003

Case records generally are public records and all documents filed with a court are available to the public for inspection upon request unless a statute, rule, or order provides otherwise. This report summarizes federal and state court rules on sealing documents in trial courts files.

A Qualitative Study of Issues Raised by the Discovery of Computer-Based Information in Civil Litigation, September 13, 2002

Molly Johnson, Kenneth J. Withers, Meghan A. Dunn

September 13, 2002

This research report was submitted to the Judicial Conference Advisory Committee on Civil Rules for its October 2002 meeting.

Federal Judicial Center

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