NCJ Number
133911
Journal
FCJ Directions Issue: 2 Dated: (November 1991) Pages: complete issue
Date Published
1991
Length
40 pages
Annotation
The Federal Judicial Center conducted a 3-part empirical analysis of the effects of Rule 11 of the Federal Rules of Civil Procedure in 1990 at the request of the Judicial Conference's Advisory Committee on Civil Rules. Empirical results, written comments, and other information were used to draft a proposed revised rule.
Abstract
Information was gathered through a November 1990 questionnaire survey that received responses from 583 of the 751 active and senior district court judges, an analysis of case files in 5 district courts, and a review of all published opinions from 1984 through 1989. Results indicated variations among districts in the number of motions and rate of sanctions, with sanctions sought more often against plaintiffs than defendants and sanctions typically consisting of monetary fees payable to the opposing party. Most judges find that groundless litigation presents only a small problem, think that Rule 11 has been moderately effective in deterring groundless papers, have found other methods more effective, and wish to retain the rule in its current form. The changes proposed by the Advisory Committee are designed to improve the fairness and effectiveness of the rule while reducing the frequency of Rule 11 motions. Tables and preliminary draft of proposed amendment to Rule 11