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Reports & Studies

Below is a list of a number of past published studies conducted by the Research Division. Some Center reports are not published or made publicly available due to restrictions in place from the source of the research request. Most research reports can be downloaded and in some instances, a hardcopy publication can be requested. See also Manuals, Monographs, & Guides.

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Mandatory Initial Discovery Pilot (MIDP) − Final Report

This study presents findings related to the Mandatory Initial Discovery Pilot (MIDP) project in new civil cases initiated in district courts. The Center conducted the study at the request of the Advisory Committee on Civil Rules.

During the pilot project, the Center posted program resources.

November 1, 2022
COVID-19 and the U.S. District Courts: An Empirical Investigation

This report uses caseload data to examine case-processing trends in the United States district courts during the COVID-19 pandemic.
 

October 29, 2022
Jury-Trial Demands in Terminated Civil Cases, Fiscal Years 2010–2019

This report summarizes findings on jury-trial demands from court electronic records for civil cases terminated in fiscal years 2010–2019.

June 15, 2022
Results of a Survey of U.S. District and Magistrate Judges: Use of Virtual Technology to Hold Court Proceedings

This report summarizes the responses to a survey conducted by the Federal Judicial Center in July 2021 to collect the experiences and insights of U.S. district and magistrate judges across the country regarding their use of virtual technology (videoconferencing and teleconferencing) before, during, and after the pandemic.

May 31, 2022
Federal Rule of Civil Procedure 42(a) Consolidation, Appellate Finality, and Hall v. Hall

This study examines the incidence of consolidated cases in the district courts with a focus on how often “original action final judgments” (OAFJs) create scenarios in which litigants may lose their appeal rights because of confusion about when to file a notice of appeal.

May 12, 2022
Federal Courts’ Electronic Filing by Pro Se Litigants

We learned from several dozen federal clerks of court and members of their staffs that pro se litigants are sometimes able to file electronically using the federal courts’ Case Management/Electronic Case Files (CM/ECF) system, but many courts are hesitant to allow pro se filing in CM/ECF. Prisoners do not have access to the Internet, so it is not feasible for them to use CM/ECF.

We conducted this research at the request of the federal rules committees’ working group on pro se electronic filing. The most salient rules-related lessons of this research are (1) perhaps paper filers should not be required to serve their filings on parties already receiving electronic service; and (2) because electronic filing is sometimes understood to mean filing using CM/ECF and sometimes understood to mean submitting filings electronically, such as by email, perhaps the rules should clarify their references to electronic filing.

May 10, 2022
Electronic Filing Times in Federal Courts

The Judicial Conference’s standing Committee on Rules of Practice and Procedure requested research on electronic filing practices as it considered whether a filing should be made at some hour earlier than midnight on the day that it is due. This report charts the filing times for all docket entries made in 200 federal courts in 2018 by court and filer type, with additional charts on motions and responses. Also described are court hours and drop boxes. A related report describes Electronic Filing in State Courts.

April 25, 2022
Study of the Administrative Office of the U.S. Courts’ Wiretap Report

This report presents the findings from focus groups conducted with judiciary and nonjudiciary stakeholders on the Administrative Office of the U.S. Courts' Wiretap Report.

December 16, 2021
Federal and State Forum Preferences: A Survey of Attorneys in Recently Closed Diversity Jurisdiction Cases

This report discusses findings related to surveyed attorneys in recently closed cases filed in or removed to federal court based on diversity of citizenship jurisdiction.

December 13, 2021
COVID-19 Focus Groups Summary: Themes and Highlights

This report outlines the common themes that emerged in challenges and solutions identified in focus groups with district court judges and clerks of court, bankruptcy court judges and clerks of court, and magistrate judges from November 2020 to February 2021.

December 10, 2021

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