The Advisory Committee on Civil Rules asked the Federal Judicial Center to examine summary judgment practice across federal district courts as a means of assessing the potential impact of the proposed amendments to Rule 56.
Joe S. Cecil, Rebecca N. Eyre, D. Dean P. Miletich, David Rindskopf
January 1, 2007
Report of a Federal Judicial Center study of summary judgment practice in six federal district courts during six time periods over twenty-five years (1975-2000), to determine whether summary judgment activity has increased over time and to what extent changes in summary judgment practice are due
The drop in trial rate in civil cases over the past three decades prompts many hypotheses about the cause. One possible explanation is an increase in dispositive motions, especially motions for summary judgment.
Alan Hirsch, David J. Barrans, William W Schwarzer
January 1, 1991
The authors suggest ways of thinking about summary judgment that can help judges and lawyers make more effective use of the rule as a vehicle to reach the objectives of Federal Rule of Civil Procedure 1: the just, speedy, and inexpensive resolution of litigation.
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