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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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FJC Directions, No. 8: Reports from the First National Mass Tort Conference

Four articles in this issue of FJC Directions are devoted to the November 1994 conference at which more than 175 federal and state judges gathered to analyze techniques for managing mass tort litigation. In this issue of FJC Directions:

  • National Mass Tort Conference Explores Implications of Growing Federal and State Caseloads, by William W Schwarzer, page 1
  • Reflections on the Conference from a State Court Perspective, by Thomas R. Phillips, page 3
  • Conference Participants Debate Issues and Confront Policy Quandaries, by Genevra Kay Loveland, page 5
  • Panel Focuses on Problems Caused by Interplay of Science and Law in Mass Tort Litigation, by Genevra Kay Loveland, page 12
  • Assessing the Effects of Federal Legislation on the Workload of State and Federal Courts, page 15
  • Survey Finds Substantial Variation in District Court Policies Toward Senior Judges, page 17
  • Center Work Group Coordinates Efforts to Assist Courts with Growing Pro Se Caseload, page 20
July 1, 1995
Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26 [Superseded]

Report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect.

Superseded by Implementation of Disclosure in United States District Courts, With Specific Attention to Courts' Responses to Selected Amendments to Federal Rule of Civil Procedure 26 (March 22, 1996).

March 24, 1995
Implementation of Selected Amendments to Federal Rule of Civil Procedure 26 by United States Bankruptcy Courts [Superseded]

District-by-district summary and chart of local rules or orders adopted by U.S. Bankruptcy courts responding to 1993 amendments to Federal Rules of Civil Procedure 26. Also summarizes other discovery-related requirements and patterns found in courts' responses to amendments.

An updated version of this study was published in December, 2000. It can be found here: 
Implementation of the Disclosure Provisions in Federal Rule Civil Procedure 26 by the United States Bankruptcy Courts

March 8, 1995
Appendix II to the Civil Justice Reform Act Report of the Judicial Conference of the United States, Report to Congress, December 1, 1994

Prepared by the Federal Judicial Center with assistance from Administrative Office of the U.S. Courts.

For the main report see Civil Justice Reform Act Report: Development and Implementation of Plans by the United States District Courts (1995), which includes Appendix I, III, IV.

Appendix II was a prepublication version of The Civil Justice Reform Act Expense and Delay Reduction Plans: A Sourcebook (1995).

March 1, 1995
Preliminary Report on Time Study Class Action Cases

A random national sample of 8,320 civil cases filed between November 1987 and January 1990 in 86 federal district courts included 51 cases involving class action allegations in the complaint or judicial action in response to class action activity. The incidence of class actions was 61 class actions per 10,000 cases.

February 9, 1995
New Case Weights for Computing Each District's Weighted Filings Per Judgeship [Superseded]

This document presents tables which show case weights derived from the Federal Judicial Center's 1987-1993 District Court Time Study. The case weights were approved by the Judicial Conference Subcommittee on Judicial Statistics in 1993 for use in calculating the districts' annual Weighted Filings Per Judgeship. This document was revised in 1996.

January 1, 1995
Likely Consequences of Amendments to Rule 68, Federal Rules of Civil Procedure

A report that uses trial attorneys' responses to a Center survey concerning 800 federal civil cases in assessing proposed amendments to Fed. R. Civ. P. 68 to make it more effective in encouraging settlement and reducing litigation. The results indicate that a more effective Rule 68 would be well received by most attorneys and would likely influence litigation in about 50% of civil cases, resulting in more and earlier settlements at reduced expense and with limited effects for litigants of modest means.

January 1, 1995
Conference on Assessing the Effects of Legislation on the Workload of the Courts: Papers and Proceedings

A record of the papers and proceedings of a conference the Center hosted in April 1993. The purpose of the conference was to facilitate efforts in judicial impact assessment by providing a forum where individuals with a shared interest in this area could exchange information and ideas. Panelists included state and federal judges, congressional staff, academics, and staff from the administrative offices of the state and federal courts, the National Center for State Courts, the U.S. General Accounting Office, the Brookings Institution, and the Center.

January 1, 1995
Report of a Survey Concerning Rule 11, Federal Rules of Civil Procedure

A report of the results of a Center survey that sought federal trial attorneys' and federal district judges' views of the effects of Rule 11 before 1993, the effects of amendments to Rule 11 that became effective December 1, 1993, and the merits of proposals that would in large measure reverse the 1993 amendments. The results suggest that a majority of respondents generally oppose the proposed changes to Rule 11, with one exception: a majority believe that the purpose of Rule 11 sanctions should encompass compensation of parties injured by violations of Rule 11 as well as deterrence of such violations.

January 1, 1995
Alternatives to Litigation: Do They Have a Place in the Federal District Courts?

Long Range Planning Series, Paper No. 4

A discussion paper that analyzes arguments for and against incorporating ADR programs into the case-management procedures of federal district courts. The authors debate issues such as whether ADR is compatible with the role of the federal courts, whether ADR conserves litigants' costs and court resources, whether private or public-sector development of ADR is preferable, and whether mandatory or voluntary programs should be pursued.

January 1, 1995

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