Federal Rule of Civil Procedure 12(b)(6) allows the defense of "failure [of a complaint] to state a claim upon which relief can be granted." The Center conducted the study at the request of the Advisory Committee on Civil Rules of the Judicial Conference of the United States and its reporter, Pro
A report that discusses the possible chilling effects and potential for creating satellite litigation of Federal Rule of Civil Procedure 11 (before the 1993 amendment that increased judges' discretion as to imposing sanctions).
A paper that examines the application of the sanctions provisions of Federal Rule of Civil Procedure 11 during the first few years after the 1983 amendments to the rule, with emphasis on appellate cases.
A review of data indicating a decline in the percentage of cases disposed of by summary judgment from 1975 to 1986. The report also notes, however, a renewed interest in the use of this procedure, the standards for which have been clarified by several Supreme Court decisions.
The results of a survey of 292 federal district judges concerning how they interpret and apply the 1983 amendments to Federal Rule of Civil Procedure 11 (before the 1993 amendments).
An examination of the local rules federal district courts have developed in response to the 1983 amendment to Federal Rule of Civil Procedure 16, which calls for increased use of scheduling orders in managing caseloads. An appendix contains sample local rules from fifteen districts.
Carol Ann Mooney, Kenneth F. Ripple, Robert E. Rodes
January 1, 1981
A survey of the current state of the law with respect to sanctions for violations of the Federal Rules of Civil Procedure, as reported in both the case law and the secondary literature.