Research Reports

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ADR in the Federal District Courts: An Initial Report

Donna J. Stienstra

November 16, 2011

This report provides a brief history of alternative dispute resolution, or ADR, in the federal district courts, touching on the statutes that have prompted ADR developments and noting policy guidance and support to assist courts in establishing ADR programs.

Update on Resolution of Rule 12(b)(6) Motions Granted with Leave to Amend: Report to the Judicial Conference Advisory Committee on Civil Rules

Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon, Jacqueline G. Campbell

November 1, 2011

In our March 2011 report, we indicated that following the Supreme Court decision in Ashcroft v. Iqbal (2009), Federal Rule of Civil Procedure 12(b)(6) motions to dismiss for failure to state a claim were granted more frequently with leave to amend the complaint.

The Timing of Scheduling Orders and Discovery Cut-Off Dates

Emery G. Lee

October 1, 2011

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.

Report Pursuant to Section 202(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

July 21, 2011

The economic turmoil that affected the global economy and markets beginning in late 2007 is well documented. This report does not seek to restate those events or evaluate the potential causes of the resulting recession.

Motions for Sanctions Based Upon Spoliation of Evidence in Civil Cases: Report to the Judicial Conference Advisory Committee on Civil Rules

Emery G. Lee

June 6, 2011

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).

Comparative Study of the Taxation of Costs in the Circuit Courts of Appeals Under Rule 39 of the Federal Rules of Appellate Procedure: Report to the Advisory Committee on Appellate Rules of the Judicial Conference of the United States

Marie Leary

April 1, 2011

The Judicial Conference Advisory Committee on Appellate Rules requested this report on circuit practices for awarding costs under Rule 39 of the Federal Rules of Appellate Procedure.

Surveys of Bankruptcy Court Practices Regarding Applications for Administrative Costs

Molly T. Johnson, Elizabeth C. Wiggins

March 17, 2011

The reports below detail the results of two surveys, conducted in 2010–2011, of bankruptcy attorneys and bankruptcy clerks of court about court practices regarding applications for payment of administrative expenses.

Motions to Dismiss for Failure to State a Claim After Iqbal: Report to the Judicial Conference Advisory Committee on Civil Rules

Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon

March 1, 2011

This report presents the findings of a Federal Judicial Center study on the filing and resolution of motions to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The study was requested by the Judicial Conference Advisory Committee on Civil Rules.

A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules (Appendices)

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

February 1, 2011

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

A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules