Research Reports

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Citing Unpublished Opinions in Federal Appeals

Robert Timothy Reagan, Meghan A. Dunn, David Guth, Sean Harding, Andrea Henson-Armstrong, Laural L. Hooper, Marie Leary, Angelia N. Levy, Jennifer Evans Marsh, Robert J. Niemic

December 21, 2005

At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would help the Standing Committee in its consideration of a proposed new Federal Rule of Appellate

An Empirical Examination of Attorneys' Choice of Forum in Class Action Litigation

Thomas E. Willging, Shannon R. Wheatman

December 17, 2005

This article presents attorney responses to a national random survey of 728 attorneys who represented plaintiffs and defendants in 621 recently closed class action cases.

Citations to Unpublished Opinions in the Federal Courts of Appeals: Preliminary Report

Tim Reagan, Meghan A. Dunn, David Guth, Sean Harding, Andrea Henson-Armstrong, Laural L. Hooper, Marie Leary, Angelia N. Levy, Jennifer Evans Marsh, Robert J. Niemic

April 14, 2005

The Appellate Rules Advisory Committee has proposed a new Rule 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite unpublished opinions.

Report of a Survey of United States District Judges' Experiences and Views Concerning Rule 11, Federal Rules of Civil Procedure

David E. Rauma, Thomas E. Willging

February 24, 2005

A report of the results of a survey completed by 278 of 400 (70%) federal district judges in the winter of 2004-05. The Center conducted the study at the request of the Judicial Conference's Advisory Committee on Civil Rules.

2003-2004 District Court Case-Weighting Study: Final Report to the Subcommittee on Judicial Statistics of the Committee on Judicial Resources of the Judicial Conference of the United States

Carol L. Krafka, Patricia A. Lombard

January 1, 2005

Different types of cases impose different work demands on judges. Case weights are a measure of the average time consumed by cases of one type relative to other types.

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.

Federal Judicial Center

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