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1 Elizabeth C. Wiggins, et al., Protective Order Activity in Three Federal Judicial Districts: Report to the Advisory Committee on Civil Rules 1 (1996)

handle is hein.congcourts/porderth0001 and id is 1 raw text is: Protective Order Activity in Three Federal Judicial Districts Report to the Advisory Committee on Civil Rules Elizabeth C. Wiggins, Melissa J. Pecherski, and George Cort Federal Judicial Center April 1996 Introduction and Methods This report summarizes work underway at the Federal Judicial Center concerning protective orders, confidential settlement agreements, and other sealed court records. The general purpose of our work is to provide the information necessary to evaluate the efficacy of Fed. R. Civ. P. 26(c) and to address the potential need for additional provisions in the rules relating to sealed court records and sealed settlement agreements. This report focuses on the use of protective orders in three federal district courts. Our research approach entailed identifying cases that involved protective order activity in the three courts and then transcribing information from the docket sheets and case files of a sample of those cases. Civil cases filed in 1990-1992 in the District of Columbia and those filed in 1991-92 in the Eastern District of Michigan and the Eastern District of Pennsylvania were included in the study. We identified cases involving protective order activity by electronically searching the computerized databases of civil case dockets for event and relief codes associated with this type of activity. We then obtained more detailed information about a random sample of cases that involved protective order activity from each district by recording information from docket sheets and case files.' In this report, we present information about the following issues: * the incidence of protective order activity; * the extent to which protective order activity is initiated by stipulated agreement versus motion; * the extent to which motions for protective orders are contested; * the extent to which motions for protective orders are granted; * the stated objectives of protective orders; For the District of Columbia, we searched the electronic database during the fall of 1993 and collected the information from the docket sheets and case files during the spring and summer of 1994. In the Eastern District of Pennsylvania and the Eastern District of Michigan, we searched the electronic databases during the summer of 1994 and collected the information from the docket sheets and case files during that summer and fall.

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