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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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Citing Unpublished Opinions in Federal Appeals At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to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 Procedure 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite the court's unpublished opinions. The Center's research effort consisted of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files. The rule, as amended and approved by the Judicial Conference in September 2005 and approved by the Supreme Court in April 2006, applies only to opinions issued in 2007 or later. The rule became effective December 1, 2006. |
December 21, 2005 |
An Empirical Examination of Attorneys' Choice of Forum in Class Action Litigation 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. Those cases had been filed in or removed to federal courts, and the article focuses on attorneys' reasons for choosing a state or federal forum. The article also tracks the differences in rulings in state and federal courts on class certification, motions to dismiss, settlement review, and attorney fee awards in a subset of the 621 cases. Note that this article draws on the same data examined in Attorney Reports on the Impact of Amchem and Ortiz on Choice of a Federal or State Forum in Class Action Litigation (2004). A post-Class Action Fairness Act (CAFA) article on the same data Attorney Choice of Forum in Class Action Litigation: What Difference Does it Make? (2006) is also available. |
December 17, 2005 |
Citations to Unpublished Opinions in the Federal Courts of Appeals: Preliminary Report The Appellate Rules Advisory Committee has proposed a new Rule 32.1, which would permit attorneys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. 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 yield results helpful to the Standing Committee's consideration of the proposed rule. The Center's research effort consists of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files. This preliminary report, which includes analyses of all responses in the survey of judges, almost all of the responses in the survey of attorneys, and a majority of cases in the survey of case files (9 out of 13 circuits), was presented to the Appellate Rules Advisory Committee on April 18, 2005. The authors expect to have all data analyzed and a complete report for the Standing Committee on Rules meeting on June 15-16, 2005. |
April 14, 2005 |
Report of a Survey of United States District Judges' Experiences and Views Concerning Rule 11, Federal Rules of Civil Procedure 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. A questionnaire elicited the judges' experiences and opinions about the merits of past and current versions of Federal Rule of Civil Procedure 11 and about a legislative proposal to modify Rule 11. The judges expressed a strong preference for Rule 11 in its current form. |
February 24, 2005 |
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 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. In 2003-2004, the Federal Judicial Center conducted a study to update existing weights for federal district courts using an event-based method. This method, which was new to the federal courts, combined information on the type and frequency of case events with information on the time judges require to complete these events. The Judicial Conference Committee on Judicial Resources and its Subcommittee on Judicial Statistics, which requested the study, approved the new set of weights in June 2004. Note: The report's appendices are only available online. They are not included in the printed publication. |
January 1, 2005 |
Analysis of Briefing Requirements in the United States Courts of Appeals 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. The report presents information received from the thirteen courts of appeals on every local rule or practice that imposes upon briefs and brief covers requirements that are not in the national rules. The report also describes the history behind the adoption of the local requirements, the extent to which courts enforce them, as well as the courts' plans to adopt more briefing requirements, problems courts have experienced under the current rules, and whether Rule 28 should be amended to prohibit further variations or to include additional or different briefing requirements. |
November 30, 2004 |
Treatment of Brady v. Maryland Material in United States District and State Courts' Rules, Orders, and Policies 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. The committee wanted to know whether federal district courts and state courts have adopted formal rules or standards that provide prosecutors with specific guidance on discharging their Brady obligations. This report describes the federal district court local rules, orders, and policies that address Brady material, and the treatment of Brady material in state statutes and in court rules and policies. For an update to this report see Brady v. Maryland Material in the United States District Courts: Rules, Orders, and Policies (2007). |
October 1, 2004 |
Sealed Settlement Agreements in Federal District Court 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. This research was conducted at the request of the Judicial Conference's Advisory Committee on Civil Rules. Although the practice of confidential settlement agreements is common, the question was how often and under what circumstances are such agreements filed under seal. The report's appendices include a compilation of federal district court rules concerning sealed court documents and descriptions of the cases that appeared to have sealed settlement agreements. For earlier unpublished research which included a compilation of both federal and state rules concerning sealed court documents, see Sealed Settlement Agreements in Federal District Court - May 2003 Progress Report. |
May 19, 2004 |
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 While considering a proposal to amend Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions, the Advisory Committee on Civil Rules sought this empirical research from the Center to help it decide how to proceed. This report is the second phase. For the first phase see Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules (2002). |
April 1, 2004 |
Survey of Bankruptcy Judges Regarding Use of Rule 7026 Mandatory Disclosure in Adversary Proceedings 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. These mandatory disclosures are covered by Rule 26: (a)(1) initial disclosure, (a)(2) expert testimony disclosure, and (a)(3) pretrial disclosure. Civil Rule 26 is made applicable to adversary proceedings (APs) in bankruptcy by Rule 7026 of the Federal Rules of Bankruptcy Procedure. Rule 26 is Appendix 1. The Advisory Committee on Bankruptcy Rules asked the Federal Judicial Center to survey bankruptcy judges about whether the Committee should recommend an amendment to Bankr. Rule 7026 to exempt certain categories of APs from the mandatory disclosure requirements of Rule 26. These survey results were submitted to the Judicial Conference Advisory Committee on Bankruptcy Rules in March 2004. |
March 22, 2004 |