August
2005 - December 2007 Amendments (Effective Dec. 1, 2007)
| Appellate Rule: |
25 |
| |
|
| Bankrupty Rules: |
1014, 3007, 4001,
6006, and 7007.1, and proposed new Rules 6003, 9005.1, and 9037 |
| |
|
| Civil
Rules: |
4, 5.1,
9, 11, 14, 16, 26, 30, 31, 33, 34, 37, 40, 45, 50, 71.1, and
78; Comprehensive Restyle Civil Rules 1-86; Restyle Illustrative
Civil Forms; and new Civil Rule 5.2 |
| |
|
| Criminal
Rules: |
11, 32,
35, 45, and new Rule 49.1. (The Judicial Conference also approved
the recommendation to abrogate the Model Form for Use in 28
U.S.C. § 2254 Cases Involving a Rule 9 Issue in the Appendix
of Forms to the Rules Governing Section 2254 in the United States
Courts.) |
- Amendments
Approved by Supreme Court (April 2007)(LATEST
VERSION OF THE AMENDMENTS)
- Proposed
Amendments Approved by Judicial Conference (September 2006)
- Proposed
Amendments Approved by Standing Committee (September 2006)
- Proposed Amendments
Published for Comment (August 2005)
- Interim Bankruptcy
Rules and Official Forms
Appellate Rules:
Appellate
Rule 25 (Filing and Serving) (addresses privacy and security
concerns arising from electronic case filing) (PDF)
Bankruptcy Rules:
Interim Bankruptcy
Rule 1007 (Lists, Schedules, Statements, and Other Documents;
Time Limits) (requires debtor to file Official Form stating
compliance with prepetition credit counseling requirement)Bankruptcy
Rule 1014 (Dismissal and Change of Venue) (allows a court
to initiate a change of venue on its own motion after giving
notice and an opportunity to be heard) (PDF) Bankruptcy
Rule 3001 (Proof of Claim) (limits the number of pages attached
to a proof of claim and requires copies of writings upon which
claims are base be provided) (PDF) (PROPOSED AMENDMENT SUBSEQUENTLY
WITHDRAWN BY ADVISORY COMMITTEE) Bankruptcy
Rule 3007 (Objections to Claims) (places restrictions on,
and provides procedures for, omnibus objections to claims) (PDF)
Bankruptcy
Rule 4001 (Relief from Automatic Stay; Prohibiting or Conditioning
the Use, Sale, or Lease of Property; Use of Cash Collateral;
Obtaining Credit; Agreements) (requires a moving party provide
more extensive notice and a summary of the relief requested
when seeking authority to use cash collateral, obtaining debtor-in-possession
financing, or approval of related agreements) (PDF) Bankruptcy
Rule 6003 (Interim and Final Relief Immediately Following
the Commencement of the Case—Applications for Employment; Motions
for Use, Sale, or Lease of Property; and Motions for Assumption,
Assignments, and Rejections of Executory Contracts) (limits
the type of motion and relief that can be granted during the
first 20 days of a case) (PDF) Bankruptcy
Rule 6006 (Assumption, Rejection or Assignment of an Executory
Contract or Unexpired Lease) (authorizes use of an omnibus motion
to assume, assign, or reject up to 100 multiple executory contracts
and unexpired leases in a single motion) (PDF) Bankruptcy
Rule 7007.1 (Corporate Ownership Statement) (clarifies that
a party must file a corporate ownership statement with its initial
paper filed with the court in an adversary proceeding) (PDF)
Bankruptcy
Rule 9005.1 (Constitutional Challenge to a Statute — Notice,
Certification, and Intervention) (applies pending Civil Rule
5.1—dealing with notification requirements involving constitutional
challenges to a statute—to all proceedings in a bankruptcy case)
(PDF) Bankruptcy
Rule 9037 (Privacy Protection for Filings Made with the
Court) (addresses privacy and security concerns arising from
electronic case filing) (PDF)
Civil Rules and Illustrative
Forms
Criminal Rules:
Criminal
Rule 11 (Pleas) (conforms to the Supreme Court's decision
in United States v. Booker by eliminating the court's requirement
to advise a defendant during plea colloquy that it must apply
the Sentencing Guidelines) (PDF) Criminal
Rule 32 (Sentencing and Judgment) (conforms to the Supreme
Court's decision in United States v. Booker by: (1) clarifying
that the court can instruct the probation office to include
in the presentence report information relevant to factors set
forth in 18 U.S.C. § 3553(a); (2) requiring the court to notify
parties that it is considering imposing a non-guideline sentence
based on factors not identified in the presentence report; and
(3) requiring the ourt to enter judgment on a special form)
(PDF) Criminal
Rule 35 (Correcting or Reducing a Sentence) (conforms to
the Supreme Court's decision in United States v. Booker by deleting
subparagraph (B), which is consistent with the Booker holding
that the sentencing guidelines are advisory, rather than mandatory)
(PDF) Criminal
Rule 45 (Computing and Extending Time) (clarifies the computation
of an additional three days when service is made by mail, leaving
with the clerk of court, or electronic means under Civil Rule
5(b)(2)(B), (C), or (D)) (PDF) Criminal
Rule 49.1 (Privacy Protection For Filings Made with the
Court) (addresses privacy and security concerns arising from
electronic case filing) (PDF)
Amendments Implementing
E-Government Act Comparison Chart
- Comparison
Chart (chart comparing proposed new Bankruptcy Rule 9037,
Civil Rule 5.2, and Criminal Rule 49.1) (PDF)
August
2004 - December 2006 Amendments (Effective December 1, 2006)
| Appellate Rule: |
Appellate Rule 25 and new Appellate Rule
32.1;
|
| |
|
| Bankrupty Rules: |
1009, 5005, and
7004 (amendment to Interim Rule 1007 effective 10/06) |
| |
|
| Civil
Rules: |
5, 9,
14, 16, 24, 26,33, 34, 37, 45, 50, and 65.1; Civil Form 35;
and Supplemental Rules A, C, and E, and new Civil Rule 5.1
and Supplemental Rule G; |
| |
|
| Criminal
Rules: |
5, 6,
32.1, 40, 41, and 58 |
| |
|
| Evidence
Rules: |
404,
408, 606, and 609 |
Appellate Rules:
Appellate Rule
32.1 (Citing Judicial Dispositions) (allow citation of unpublished
opinions) (PDF)
Bankruptcy Rules:
Bankruptcy Rule 1009 (Amendments
of Voluntary Petitions, Lists, Schedules and Statements) (would
require debtor to submit a corrected statement of social security
number when the debtor becomes aware that the social security
number previously submitted is incorrect) (PDF)
Bankruptcy Rule 5005 (Filing
and Transmittal of Papers) (authorizes the district judge and
clerk of the bankruptcy appellate panel to transmit erroneously
delivered papers to the bankruptcy court clerk and the United
States trustee) (PDF)
Bankruptcy Rule 7004 (Process;
Service of Summons; Complaint) (clarifies that debtor's attorney
must be served with the summons and complaint filed against the
debtor) (PDF)
Civil Rules:
Civil
Rule 5.1 (Constitutional Challenge to a Statute - Notices,
Certification, and Intervention) and 24
(Intervention)(sets forth the process when a party draws into
question the constitutionality of a federal or state statute)*
(PDF)
Civil Rule 9 (Pleading
Special Matters) (conforming amendment pertaining to Supplemental
Rule G) (PDF)
Civil Rule 14 (Third-Party
Practice) (conforming amendment pertaining to Supplemental Rule
G) (PDF)
Civil Rule 16 (Pretrial
Conferences; Scheduling; Management) (establishes process for
the parties and court to address early issues pertaining to the
disclosure and discovery of electronic information) (PDF)
Civil Rule 26 (General
Provisions Governing Discovery; Duty of Disclosure) (requires
parties to discuss during the discovery-planning conference issues
relating to the disclosure and discovery of electronically stored
information) (PDF)
Civil Rule 33 (Interrogatories
to Parties) (expressly provides that an answer to an interrogatory
involving review of business records should involve a search of
electronically stored information) (PDF)
Civil Rule 34 (Production
of Documents and Things and Entry Upon Land for Inspection and
Other Purposes) (distinguishes between electronically stored information
and "documents") (PDF)
Civil Rule 37 (Failure
to Make Disclosure or Cooperate in Discovery; Sanctions) (creates
a "safe harbor" that protects a party from sanctions for failing
to provide electronically stored information lost because of the
routine operation of the party's computer system) (PDF)
Civil Rule 45 (Subpoena)
(technical amendments that conform to other proposed amendments
regarding discovery of electronically stored information) (PDF)
Civil Rule 50 (Judgment
as a Matter of Law in Jury Trials; Alternative Motion for New
Trial; Conditional Rulings) (permits renewal after trial of any
Rule 50(a) motion, deleting the requirement that a motion made
before the close of all the evidence be renewed at the close of
all the evidence) (PDF)
Civil Rule 65.1 (Security:
Proceeding Against Sureties) (conforming amendment pertaining
to Supplemental Rule G) (PDF)
Form 35 (Report of Parties'
Planning Meeting) (technical revision reflecting the proposed
amendment to Civil Rule 26) (PDF)
Supplemental Rule G (Forfeiture
Actions in Rem) (establishes comprehensive procedures governing
in rem forfeiture actions) (PDF)
Supplemental Rule A (Scope
of Rules), Supplemental Rule C (In
Rem Actions; Special Provisions), Supplemental Rule E (Actions
in rem and Quasi in Rem: General Provisions), and Rule 26 (General Provisions
Governing Discovery; Duty of Disclosure) (conforming amendments
pertaining to proposed Supplemental Rule G) (PDF)
Criminal Rules:
Criminal Rule 5 (Initial
Appearance) (allows the government to transmit certain documents
to the court by reliable electronic means) (PDF)
Criminal Rule 6 (Grand
Jury) (technical amendment implementing the Intelligence Reform
and Terrorism Prevention Act of 2004) (PDF)
Criminal Rule 32.1 (Revoking
or Modifying Probation or Supervised Release) (allows the government
to transmit certain documents to the court by reliable electronic
means) (PDF)
Criminal Rule 40 (Arrest
for Failing to Appear in Another District) (expressly authorizes
a magistrate judge in the district of arrest to set conditions
of release for an arrestee who not only fails to appear but also
violates any other condition of release) (PDF)
Criminal Rule 41 (Search
and Seizure) (allows the government to transmit certain documents
to the court by reliable electronic means) (PDF)
Criminal Rule 58 (Petty
Offenses and Other Misdemeanors) (eliminates a conflict between
the rule and Criminal Rule 5.1 concerning the right to a preliminary
hearing and clarifies the advice that must be given to a defendant
during an initial appearance) (PDF)
Evidence Rules:
Evidence Rule 404 (Character
Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes)
(clarifies that evidence of a person's character is never admissible
to prove conduct in a civil case) (PDF)
Evidence Rule 408 (Compromise
and Offers to Compromise) (resolves conflicts in caselaw about
statements and offers made during settlement negotiations admitted
as evidence of fault or used for impeachment purposes). (PDF)
Evidence Rule 606 (Competency
of Juror as Witness) (clarifies that juror testimony may be received
only for very limited purposes, including to prove that the verdict
reported was the result of a clerical mistake) (PDF)
Evidence Rule 609 (Impeachment
by Evidence of Conviction of Crime) (permits automatic impeachment
only when an element of the crime requires proof of deceit or
if the underlying act of deceit readily can be determined from
information such as the charging instrument) (PDF)
* Proposed New Civil Rule 5.1 and conforming amendment
to Civil Rule 24 was transmitted to the Supreme Court in Fall 2005
and has an expected effective date of December 1, 2006.
 November 2004 - December
2006 Amendments
(Effective December 1, 2006)
Appellate Rule:
Appellate Rule
25 (Filing and Service) (authorizes courts to adopt local
rules requiring electronic filing) (PDF)
Bankruptcy Rule:
Bankruptcy Rule 5005 (Filing
and Transmittal of Papers) (authorizes courts to adopt local rules
requiring electronic filing) (PDF)
Civil Rule:
Civil Rule 5 (Service and
Filing of Pleadings and Other Papers) (authorizes courts to adopt
local rules requiring electronic filing) (PDF)
August 2003 - December 2005 Amendments
(Effective December 1, 2005)
Appellate Rules:
Appellate Rule
4 (Appeal as of Right — When Taken) (clarifies the conditions
for reopening the time to appeal a district court's judgment or
order) (PDF)
Appellate
Rule 26 (Computing and Extending Time) and Appellate
Rule 45 (Clerk's Duties) (replaces the phrase "Presidents'
Day" with "Washington's Birthday" to conform to statute)
(PDF)
Appellate
Rule 27 (Motions) (a motion, a response to a motion, and a
reply to a response to a motion must comply with typeface and
type-style requirements of Appellate Rule 32) (PDF)
New Appellate
Rule 28.1 (Cross-Appeals) (consolidates provisions regarding
briefing in cross-appeals and adds several new provisions dealing
with cross-appeals). Appellate
Rule 32 (Forms of Briefs, Appendices, and Other Papers) and
Appellate Rule 34 (Oral
Argument) (amended to cross reference new Rule 28.1). Appellate
Rule 28 (Briefs) (provisions dealing with cross-appeals are
transferred to new Rule 28.1) (PDF)
Appellate
Rule 35 (En Banc Determination) (adopts "case majority" approach,
in which disqualified judges are not counted in the base in calculating
whether a majority of judges have voted to hear a case en banc)
(PDF)
Bankruptcy Rules:
Bankruptcy
Rule 1007 (Lists, Schedules and Statements; Time Limits) (requires
the debtor to submit with the petition a list of the names and
addresses of each entity entitled to receive notice of the bankruptcy
filing) (PDF)
Bankruptcy
Rule 2002 (Notice to Creditors, Equity Security Holders, United
States, and United States Trustee) (facilitates transmission of
electronic notices to creditors) (PDF)
Bankruptcy
Rule 3004 (Filing of Claims by Debtor or Trustee) and Bankruptcy
Rule 3005 (Filing of Claim, Acceptance, or Rejection by Guarantor,
Surety, Indorser, or Other Codebtor) (conforming amendments to
§ 501 of the Bankruptcy Code) (PDF)
Bankruptcy
Rule 4008 (Discharge and Reaffirmation Hearing) (establishes
a deadline for filing a reaffirmation agreement with the court)
(later withdrawn. See link below)(PDF)
Bankruptcy
Rule 7004 (Process; Service of Summons; Complaint) (authorizes
the clerk to issue a summons electronically) (PDF)
Bankruptcy
Rule 9001 (General Definitions) (adds definition of "Notice
Provider") (PDF)
Bankruptcy
Rule 9006 (Time) (conforms to proposed amendments toCivil
Rule 6(e) concerning time-counting provisions). (PDF)
Bankruptcy
Rule 9036 (Notice by Electronic Transmission) (deletes requirement
that the sender of electronic notice receive confirmation that
the notice was received. The proposed amendment clarifies that
notice is complete upon its transmission) (PDF)
Official Form 6-G (Executory
Contracts and Unexpired Leases) (technical amendment that implements
changes to Rule 1007).¹
Official Form 16D (Caption
for Use in Adversary Proceeding) (technical amendment reflecting
the abrogation of Form 16C).² (PDF)
Official Form 17 (Notice
of Appeal) (technical amendment reflecting the abrogation of Form
16C).² (PDF)
Civil Rules:
Civil Rule
5.1 (Constitutional Challenge to a Statute - Notices, Certification,
and Intervention) and 24
(Intervention)(sets forth the process when a party draws into
question the constitutionality of a federal or state statute)*
(PDF)
Civil Rule 6
(Time) (clarifies the method of counting the additional three
days provided to respond if service is by mail or one of the methods
in Civil Rule 5(b)(2)(C) or (D)) (PDF)
Civil Rule
27 (Depositions Before Action or Pending Appeal) (corrects
the outdated cross-reference to former Civil Rule 4(d))
(PDF)
Civil Rule
45 (Subpoena) (requires that a deposition subpoena state the
manner for recording testimony) (PDF)
Admiralty
Rule B (In Personam Actions: Attachment and Garnishment) (fixes
the time for determining whether a defendant is "found" in the
district at the time the verified complaint and the accompanying
affidavit are filed)
Admiralty
Rule C (In Rem Actions: Special Provisions) (technical amendments
that correct amendments made in 2000) (PDF)
Criminal Rules:
Criminal Rule
12.2 (Notice of an Insanity Defense; Mental Examination) (authorizes
a court to exclude evidence on defendant's mental condition if
the evidence is not timely disclosed or if the defendant fails
to submit to an examination) (PDF)
Criminal Rule
29 (Motion for a Judgment of Acquittal), Criminal
Rule 33 (New Trial), and Criminal
Rule 34 (Arresting Judgment) (court may extend time for filing
the designated motion so long as the motion for extension was
filed within the initial seven-day period) (PDF)
Criminal Rule
45 (Computing and Extending Time) (conforming amendments consistent
with the proposed amendments to Criminal Rules 29, 33, and 34)
(PDF)
Criminal Rule 32
(Sentencing and Judgment) (extends the right of allocution to
a victim of a felony offense not involving violence or sexual
abuse)³ (PDF)
Criminal Rule
32.1 (Revoking or Modifying Probation or Supervised Release)
(extends the right of allocution to a person in a revocation or
modification hearing) (PDF)
New Criminal
Rule 59 (Matters Before a Magistrate Judge) (sets out procedures
for a district judge to review dispositive and nondispositive
decisions by a magistrate judge. The proposed amendments are intended
to parallel Civil Rule 72) (PDF)
¹ Amendments to Official
Form 6-G effective October 17, 2005. Under Bankruptcy Rule 9009,
the Official Forms are prescribed by the Judicial Conference of
the United States. The Supreme Court and Congress do not consider
or approve the Official Forms.
² Amendments to
Official Forms 16D and 17 are effective December 1, 2004. Under
Bankruptcy Rule 9009, the Official Forms are prescribed by the Judicial
Conference of the United States. The Supreme Court and Congress
do not consider or approve the Official Forms.
³The Judicial Conference
withdrew the proposed amendment to Rule 32 after Congress passed
the Justice for All Act of 2004.
* Proposed New Civil Rule 5.1 and conforming amendment
to Civil Rule 24 was transmitted to the Supreme Court in Fall 2005
and has an expected effective date of December 1, 2006.
August 2002 - December 2004 Amendments (Effective
December 1, 2004)
Bankruptcy Rules:
Rule
1011 (Responsive Pleading or Motion in Involuntary and Ancillary
Cases) (technical amendment that deletes cross-reference to Bankruptcy
Rule 1004(b));
Rule 2002 (Notices to Creditors, Equity Security Holders,
United States, and United States Trustee) (technical amendment
that sets forth correct mailing address);
Rule 9014 (Contested Matters) (exempts contested matters from
the mandatory disclosure provisions of Civil Rule 26); and New
Official
Form 21 (Statement of Social Security Number) (implements
proposed amendments to Bankruptcy Rule 1007, by requiring the
debtor to submit a verified statement setting forth the full social
security number with the clerk) (Will not be sent to Supreme Court.);¹
Criminal Rules:
Rule
35 (Correcting or Reducing a Sentence) (defines "sentencing"
to mean the "oral pronouncement of the sentence");
Rules Governing Section
2254 Cases in the United States District Court and Accompanying
Form (comprehensive style and substantive revision of the
rules and form); and
Rules Governing Section
2255 Proceedings for the United States District Court and
Accompanying Form
(comprehensive style and substantive revision of the rules and
form).
Evidence Rule: (The
Supreme Court returned the proposed amendment to Evidence Rule
804 without taking any action.)
Rule
804 (Hearsay Exceptions; Declarant Unavailable) (prosecution
must show "particularized guarantees of trustworthiness" when
a declaration against penal interest is offered against an accused)
¹Official Bankruptcy Form
21 became effective on December 1, 2003. Under Bankruptcy Rule 9009,
the Official Forms are prescribed by the Judicial Conference of the
United States. The Supreme Court and Congress do not consider or approve
the Official Forms.
August 2001 - December 2003 Amendments
(Effective December 1, 2003)
Appellate
Rules
Official Forms: |
1, 2, 3, and 5 |
| |
|
Bankruptcy Rules:
Official Forms:
Official Forms: |
1005, 1007, 2002,
2003, 2009, 2016, 7007.1
1, 3, 5, 6, 7, 8, 9, 10, 16A, 16C, 17, 19
1, 5, 17 (to take effect on December 1, 2002) |
| |
|
Civil
Rules:
Official Forms: |
23,
51, 53, 54, 71A
19, 31, and 32 |
| |
|
| Evidence Rules: |
608(b) |
August 2000 - December 2002 Amendments (Effective
Dec. 1, 2002)
|
Appellate Rules:
|
1(b), 4(a)(1)(C),
4(a)(5)(A)(ii), 4(a)(7), 4(b)(5), 5(c), 21(d), 24(a), 25(c),
25(d), 26(c), 36(b), 45(c), 26(a)(2), 4(a)(4)(A)(vi),
27(a)(3)(A), 27(a)(4), 41(b), 26.1, 27(d)(1)(B), 32(a)(2),
32(c)(2), 28(j), 31(b), 32(d), 32(a)(7)(c), 44 |
| |
|
| Bankrupty Rules: |
1004, 1004.1, 2004,
2015, 4004, 9014, 9027 |
| |
|
Civil Rules:
|
7.1, 54, 58, 81(a)(2)
Admiralty Rule C |
| |
|
| Criminal
Rules: |
Comprehensive
Style Revision 1-60
Subtantive Amendments to 5, 5.1, 10, 12.2, 12.4, 26, 30, 35,
43
Amendments to Implement USA Patriot Act of 2001 - 6 and 41 |
August
1999 - December 2001 Amendments (Effective Dec. 1, 2001)
| Bankrupty Rules: |
1007,
2002(c), 2002(g), 3016, 3017, 3020, 9006(f), 9020, 9022 |
| |
|
| Civil
Rules: |
5(b),
6(e), 65, 77(d), 81, 82 |
August 1998 - December 2000 Amendments (Effective
Dec. 1, 2000)
| Bankrupty Rules: |
1017, 2002, 4003,
4004, and 5003 |
| |
|
| Civil
Rules: |
4,12,14,26,30,
and 37, and Supplemental Rules B, C, and
E |
| |
|
| Criminal
Rules: |
7, 31,
32, and 38, and new Rule 32.2 |
| |
|
| Evidence
Rules: |
103, 404,
701, 702, 703, 803, and 902 |
August 1997 - December 1999 Amendments (Effective
Dec. 1, 1999)
| Bankrupty Rules: |
1017, 1019, 2002,
2003, 3020, 3021, 4001, 4004, 4007, 6004, 6006, 7001, 7004,
7062, 9006, and 9014 |
| |
|
| Civil Rules: |
6 and Illustrative
Form 2 |
| |
|
| Criminal
Rules: |
6, 11,
24, and 54 |
|
