Mass-Tort MDL Guidelines and Best Practices

Federal Rule of Civil Procedure 16.1 takes effect on December 1, 2025.  The rule requires parties in an MDL to address 20 topics in a written report to the court at the initial-management conference.  The rule gives lawyers opportunities to recommend procedures that might mitigate or eliminate future problems or enhance efficient management of the MDL. The best practices provide useful information for parties to consider when preparing their Rule 16.1 report.  

The best practices were developed following Center bench-bar leadership summits.  Permanent numbers are attached to every guideline and best practice to account for future additions and reorganizations. Highlighted sections in yellow are still under consideration and may be revised in the future.  They are included now because Rule 16.1 has taken effect and guidance is most helpful for parties required to submit the Rule 16.1 report.

Acknowledgements of the names of the contributors for each section and the Center’s patrons are added at the end of the document.