Federal Rulemaking
What's New
Repeal
of Interim Bankruptcy Rules: By December 1, 2008
The following amendments to the Federal Rules of
Bankruptcy Procedure will take effect on December 1, 2008, unless
Congress acts to the contrary:
- Bankruptcy Rules 1005, 1006, 1007, 1009, 1010,
1011, 1015, 1017, 1019, 1020, 2002, 2003, 2007.1, 2015, 3002,
3003, 3016, 3017.1, 3019, 4002, 4003, 4004, 4006, 4007, 4008,
5001, 5003, 6004, 7012, 7022, 7023.1, 8001, 8003, 9006, 9009,
and 9024, and new Bankruptcy Rules 1021, 2007.2, 2015.1, 2015.2,
2015.3, 5008, and 6011.
The amendments and new rules implement substantive
and procedural changes to the Bankruptcy Code made by the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No.
109-08, 119 Stat. 23). They will also supersede interim Bankruptcy
Rules adopted generally by the bankruptcy courts in October 2005
when most provisions of the Act took effect. Because the new rules
will supersede the interim rules on December 1, 2008, bankruptcy
courts have been advised to repeal their interim rules
when the new rules take effect on December 1, 2008.
The amendments and new Bankruptcy Rules scheduled
to take effect on December 1, 2008, are posted at: http://www.uscourts.gov/rules/supct0408.html.
Congress
Passes New Evidence Rule 502: September 8, 2008
On September 8, 2008, the House unanimously passed
without amendment
S. 2450, a bill adding new Evidence
Rule 502 to the Federal Rules of Evidence. The Senate had earlier
approved by unanimous consent without amendment
S. 2450 on February 27, 2008. See Sen.
Rept. No. 110-264. The President is expected to sign the legislation
in the next several weeks.
The legislation protects against the inadvertent
waiver of the attorney-client privilege or the work product protection.
The new rule will apply in all proceedings commenced after the date
of enactment and, insofar as is just and practicable, in all proceedings
pending on such date of enactment.
S. 2450 is identical to Evidence Rule 502, as approved by the Judicial
Conference of the United States in September 2007. Congress,
with the consent of the Judicial Conference, added additional language
to the explanatory note accompanying Rule 502. The "Statement of
Congressional Intent Regarding Rule 502 of the Federal Rules of
Evidence" is posted at http://www.uscourts.gov/Congressional
_Record_re_S2450.pdf.
Unlike other amendments to the federal rules of
practice, procedure, and evidence that take effect automatically
unless Congress acts affirmatively to modify, defer, or reject it,
"[a]ny such rule creating, abolishing, or modifying an evidentiary
privilege shall have no force or effect unless approved by Act of
Congress." See 28
U.S.C. § 2074(b).
Proposed
Amendments Published for Public Comment: August 8, 2008
At its January and June 2008 meetings, the Committee
on Rules of Practice and Procedure approved the recommendations
of the Advisory Committees on Appellate, Bankruptcy, Civil, Criminal,
and Evidence Rules and approved for publication the following proposed
rules and form amendments:
• Appellate Rules 1 (definition of "state"), 29
(consistent with revised Supreme Court Rule 37.6 on amicus briefs),
and Appellate Form 4 (conform to new privacy rules);
• Bankruptcy Rules 1004.2 (new rule requiring
entity filing a chapter 15 petition to state the country of the
debtor's main interest, filer to list each country in which a
case involving debtor is pending, and setting deadline for challenging
the statement asserting the country of the debtor's main interest),
1007 (shortens time for debtor to file a list of creditors after
the entry of an order for relief in an involuntary case. Also
extends time for individual chapter 7 debtors to file statement
of completion of course in personal financial management), 1014
(includes chapter 15 cases in the rule that authorizes the court
to determine where cases should go forward when multiple petitions
involving the same debtor are pending), 1015 (includes chapter
15 cases in the rule that authorizes the court to order consolidation
or joint administration of cases), 1018 (reflects enactment of
chapter 15 in 2005), 5009 (adds new subdivisions (b) and (c) to
the rule on closing cases and sending notices to individual debtors
re completion of personal financial management courses), 1019
(with some exceptions, a new time period to object to a claim
of exemption arises when a case is converted to chapter 7 from
chapter 11, 12, or 13), 4004 (is amended to: (a) include a new
deadline for filing of motions (rather than complaints) under
Rule 7001(b) objecting to a debtor's discharge; (b) direct the
court not to grant a discharge if a motion or complaint objecting
to discharge has been filed unless the objection has been decided
in the debtor's favor; and (c) direct the court in chapter 11
and 13 cases to withhold the entry of the discharge if the debtor
has not filed with the court a statement of completion of a course
concerning personal financial management), 5009 (amended to add
new subdivisions (b) and (c) to the rule. Subdivision (b) requires
the clerk to provide notice to individual debtors in chapter 7
and 13 cases that their cases may be closed if they fail to file
a statement of completion of financial management course. Subdivision
(c) requires a foreign representative in a chapter 15 case to
file and give notice of the filing of a final report), 5012 (new
rule establishing procedures in chapter 15 cases for obtaining
approval of an agreement regarding communications and coordinating
of proceedings with cases involving the debtor pending in other
countries), 7001 (objections to discharge under §§ 727(a)(8),
(a)(9), and § 1328(f) are to be commenced by motion rather than
by complaint, corresponding to the proposed amendment to Rule
4004), and 9001 (amended to add § 1502 to the list of definitions)
• Civil Rules 26 (discovery of expert witness)
and 56 (summary judgment);
• Criminal Rules 5 (implements the Crime Victims'
Rights Act), 12.3 (implements the Crime Victims' Rights Act),
15 (authorizes a deposition outside the presence of the defendant
in limited circumstances and after court makes case-specific findings),
21 (implements the Crime Victims' Rights Act), and 32.1 (clarifies
standard and burden of proof regarding the release or detention
of a person on probation or supervised release); and
• Evidence Rule 804 (extends corroborating circumstances
requirement to all declarations against penal interest offered
in criminal cases) (publication of proposed Restyled Evidence
Rules 101-415 was deferred until the entire Federal Rules of Evidence
have been approved for publication).
The proposed amendments to the rules and may be
accessed by clicking on the link, http://www.uscourts.gov/rules/newrules1.htm.
The proposed amendments and new rules may
also be accessed by clicking on the link titled "Proposed Rules
Amendments Published for Comment" in the upper left-hand corner
of the screen. The proposed rules and form amendments can be found
in the reports of the advisory rules committees.
The public comment period for the proposed amendments
and new rules ends on February 17, 2009.
Standing
Rules Committee's Report to Judicial Conference: July
2008
At its June 9-10, 2008, meeting, the Committee on
Rules of Practice and Procedure adopted the recommendations of the
Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal
Rules and approved the following proposed amendments on the computation
of time under the rules:
- Appellate Rules 4, 5, 6, 10, 12, 15, 19, 25,
26, 27, 28.1, 30, 31, 39, and 41;
- Bankruptcy Rules 1007, 1011, 1019, 1020, 2002,
2003, 2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3,
2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004,
6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017,
9006, 9027, and 9033;
- Civil Rules 6, 12, 14, 15, 23, 27, 32, 38, 50,
52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72, 81; Supplemental
Rules B, C, and G; and Illustrative Civil Forms 3, 4, and 60;
and
- Criminal Rules 5.1, 7, 12.1, 12.3, 29, 33, 34,
35, 41, 45, 47, 58, 59, and Rules 8 of the Rules Governing §§
2254 and 2255 Cases.
The Committee also approved the following proposed
non-time computation rules amendments and new rules:
- Appellate Rules 4, 22, 26, and new Rule 12.1;
- Bankruptcy Rules 2016, 4008, 7052, 9006, 9015,
9021, 9023, and new Rule 7058, and Official Forms 8, 9F, 10, 23,
and Exhibit D to Official Form 1 (effective December 1, 2008),
and new Official Form 27 (effective December 1, 2009);
- Civil Rules 13, 15, 48, and 81, and new Rule
62.1; and
- Criminal Rules 7, 32, and 32.2, 41, and Rules
11 and 12 of the Rules Governing § 2254 Cases and Rule 11 of the
Rules Governing § 2255 Proceedings.
The Committee transmitted the proposed rules amendments
and new rules to the Judicial Conference with a recommendation that
they be approved and transmitted to the Supreme Court in accordance
with law. The Committee's September 2008 report to the Judicial
Conference is now posted at http://www.uscourts.gov/rules/jc0908.html
and at http://www.uscourts.gov/rules/reports.htm.
Standing
Rules Committee Approved Proposed Rules Amendments and new Rules:
June 2008
At its June 9-10, 2008, meeting, the Committee on
Rules of Practice and Procedure adopted the recommendations of the
Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal
Rules and approved the following proposed amendments on the computation
of time under the rules:
• Appellate Rules 4, 5, 6, 10, 12, 15, 19, 25,
26, 27, 28.1, 30, 31, 39, and 41;
• Bankruptcy Rules 1007, 1011, 1019, 1020, 2002, 2003, 2006, 2007,
2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001, 3015,
3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006, 6007, 7004,
7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017, 9006, 9027, and
9033;
• Civil Rules 6, 12, 14, 15, 23, 27, 32, 38, 50, 52, 53, 54, 55,
56, 59, 62, 65, 68, 71.1, 72, 81; Supplemental Rules B, C, and
G; and Illustrative Civil Forms 3, 4, and 60; and
• Criminal Rules 5.1, 7, 12.1, 12.3, 29, 33, 34, 35, 41, 45, 47,
58, 59, and Rules 8 of the Rules Governing §§ 2254 and 2255 Cases.
The Committee also approved the following proposed
non-time computation rules amendments and new rules:
• Appellate Rules 4, 22, 26, and new Rule 12.1;
• Bankruptcy Rules 2016, 4008, 7052, 9006, 9015, 9021, 9023, and
new Rule 7058, and Official Forms 8, 9F, 10, 23, and Exhibit D
to Official Form 1 (effective December 1, 2008), and new Official
Form 27 (effective December 1, 2009);
• Civil Rules 13, 15, 48, and 81, and new Rule 62.1; and
• Criminal Rules 7, 32, and 32.2, 41, and Rules 11 and 12 of the
Rules Governing § 2254 Cases and Rule 11 of the Rules Governing
§ 2255 Cases.
The Committee will now transmit the proposed new
rules and amendments to the Judicial Conference with a recommendation
that they be approved and transmitted to the Supreme Court. The
proposed new rules and amendments will be available shortly and
will be posted on the "Pending Rules Amendments Awaiting Final Action"
page at http://www.uscourts.gov/rules/newrules6.htm.
The Committee also adopted the recommendations of
the Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal
Rules and approved publishing for public comment the following proposed
rules amendments:
• Appellate Rules 1 (definition of "state"),
29 (conforms to recently revised Supreme Court Rule 37.6 on amicus
briefs), and Appellate Form 4 (conforms to new privacy rules);
• Bankruptcy Rules 1004.2 (new rule requiring entity filing a
chapter 15 petition to state the country of the debtor's main
interest, filer to list each country in which a case involving
debtor is pending, and setting deadline for challenging the statement
asserting the country of the debtor's main interest), 1014 (includes
chapter 15 cases in the rule that authorizes the court to determine
where cases should go forward when multiple petitions involving
the same debtor are pending), 1015 (includes chapter 15 cases
in the rule that authorizes the court to order consolidation or
joint administration of cases), 1018 (reflects enactment of chapter
15 in 2005), 5009 (adds new subdivisions (b) and (c) to the rule
on closing cases and sending notices to individual debtors re
completion of personal financial management courses), 5012 (new
rule establishing procedures in chapter 15 cases for obtaining
approval of an agreement regarding communications and coordinating
of proceedings with cases involving the debtor pending in other
countries), and 9001 (amended to add § 1502 to the list of definitions)
(Bankruptcy Rules 1007, 1019, 4004, and 7001 were approved for
publication at an earlier meeting);
• Civil Rule 26 (discovery of expert witness) and 56 (summary
judgment);
• Criminal Rules 15 (authorizes a deposition outside the presence
of the defendant in limited circumstances and after court makes
case-specific findings), and 32.1 (clarifies standard and burden
of proof regarding the release or detention of a person on probation
or supervised release) (Criminal Rules 5, 12.3, and 21 implementing
the Crime Victims' Rights Act were approved for publication at
an earlier meeting); and
• Evidence Rule 804 (extends corroborating circumstances requirement
to all declarations against penal interest offered in criminal
cases) and Restyled Evidence Rules 101-415 (publication will be
deferred until entire Federal Rules of Evidence has been approved
for publication).
The proposed amendments, which are expected to be
published in August 2008, will be posted at http://www.uscourts.gov/rules/newrules1.htm.
The agenda materials for the meeting are posted
at http://www.uscourts.gov/rules/Agenda_Books.htm.
The Committee's report to the Judicial Conference will be posted
later this summer at http://www.uscourts.gov/rules/reports.htm.
Federal
Rules of Appellate, Civil, and Criminal Procedure, and Federal Rules
of Evidence w/ Navigational Aids: Available
Now
We have added several navigational aids to the current
Federal Rules of Appellate, Civil, and Criminal Procedure, and Federal
Rules of Evidence, making them easier and more convenient to use.
First, "bookmarks" were added to the PDF documents that now make
it easy to find and locate individual rules and subdivisions. Second,
invisible hyperlinks were added to the table of contents, which
are linked to the underlying rules and subdivisions. Finally, the
rules are in a text-searchable format, making it easy to search
for and copy text. The modified rules are posted at http://www.uscourts.gov/rules/newrules4.html.
Supreme
Court Action: New Rules and Amendments
Approved 4/23/08
On April 23, 2008, the Supreme Court of the United
States approved the following new rules and amendments to the Federal
Rules of Bankruptcy, Civil, and Criminal Procedure:
- Bankruptcy Rules 1005, 1006, 1007, 1009, 1010,
1011, 1015, 1017, 1019, 1020, 2002, 2003, 2007.1, 2015, 3002,
3003, 3016, 3017.1, 3019, 4002, 4003, 4004, 4006, 4007, 4008,
5001, 5003, 6004, 7012, 7022, 7023.1, 8001, 8003, 9006, 9009,
and 9024, and new Bankruptcy Rules 1021, 2007.2, 2015.1, 2015.2,
2015.3, 5008, and 6011;
- Supplemental Rule C(6)(a); and
- Criminal Rules 1, 12.1, 17, 18, 32, 41, 45,
60, and 61.
The new rules and amendments
have been transmitted to Congress and will take effect on December
1, 2008, unless Congress enacts legislation to reject, modify, or
defer the amendments.
Advisory
Rules Committees Actions: Spring 2008
Meetings
Evidence Rules Committee Approved
for Publication Proposed Rules Amendments
At its May 1-2, 2008, meeting, the Advisory Committee
on Evidence Rules approved for publication proposed restyled Evidence
Rules 101-415. The proposed style amendments are part of a larger
project to restyle the entire Federal Rules of Evidence to make
them simpler and easier to read without changing substantive meaning.
The advisory committee also approved for publication a proposed
amendment to Evidence Rule 804(b)(3), extending the corroborating
circumstances requirement to all proffered declarations against
penal interest. The proposed amendments will be transmitted to the
Standing Committee for consideration at its June 2008 meeting, with
a recommendation to publish them for public comment. (The proposed
amendments will not be published piecemeal, but instead will be
held until all the Evidence Rules have been restyled. The entire
package is expected to be published in August 2009.) The advisory
committee will consider the next style package (Evidence Rules 501-706)
at its fall 2008 meeting.
The advisory committee's report to the Standing
Rules Committee is posted at http://www.uscourts.gov/rules/reports.htm.
Criminal Rules Committee Approved
Proposed Rules Amendments
At its April 28-29, 2008, meeting,
the Advisory Committee on Criminal Rules approved proposed amendments
to Criminal Rules 7, 32, and 32.2 relating to criminal forfeiture;
Criminal Rule 41 on the seizure of electronically stored information;
Rule 11 of the Rules Governing § 2254 and § 2255 Cases on procedures
concerning a certificate of appealability; and Criminal Rules 5.1,
7, 8, 12.1, 12.3, 29, 33, 34, 35, 41, 45, 47, 58, and 59 governing
the computation of time under the rules. The advisory committee
will forward its recommendations to the Committee on Rules of Practice
and Procedure for consideration at its June 2008 meeting. If approved,
the proposed amendments will be transmitted to the Judicial Conference
for consideration at its September 2008 session.
The advisory committee also approved
for publication proposed amendments to Criminal Rule 6 (allows a
court to receive the return of a grand jury indictment by video
conference), Criminal Rule 15 (permits the limited taking of a deposition
of a witness outside the United States without the presence of the
defendant), and Criminal Rule 32.1 (clarifies the burden of proof
regarding the release or detention of a person on probation or supervised
release). The advisory committee will forward its recommendations
to publish to the Committee on Rules of Practice and Procedure for
consideration at its June 2008 meeting. If approved, the proposed
amendments are expected to be published in August 2008 and will
be posted at http://www.uscourts.gov/rules/newrules1.htm.
The advisory committee's report to
the Standing Rules Committee is posted at http://www.uscourts.gov/rules/reports.htm.
Appellate Rules Committee Approved
Proposed Rules and Form Amendments
At its April 10-11, 2008, meeting,
the Advisory Committee on Appellate Rules approved amendments to
Appellate Rules 4, 5, 6, 10, 12, 15, 19, 25, 26, 27, 28.1, 30, 31,
39, and 41 regarding the computation of time under the rules. The
advisory committee also approved proposed amendments to Appellate
Rules 4, 22, 26, and new Rule 12.1. The advisory committee will
forward its recommendations to the Committee on Rules of Practice
and Procedure for consideration at its June 2008 meeting. If approved,
the proposed amendments and new rule will be transmitted to the
Judicial Conference for consideration at its September 2008 session.
The advisory committee also approved
for publication proposed amendments to Appellate Rule 1 on the definition
of "state" and Appellate Form 4 to conform to new rules on privacy.
The advisory committee will forward its recommendations to publish
to the Committee on Rules of Practice and Procedure for consideration
at its June 2008 meeting. If approved, the proposed amendments are
expected to be published in August 2008 and will be posted at http://www.uscourts.gov/rules/newrules1.htm.
The advisory committee's report to
the Standing Rules Committee is posted at http://www.uscourts.gov/rules/reports.htm.
Civil Rules Committee Approved
Proposed Rules Amendments
At its April 7-8, 2008, meeting, the
Advisory Committee on Civil Rules approved amendments to Civil Rules
6, 12, 14, 15, 23, 27, 32, 38, 50, 52, 53, 54, 55, 56, 59, 62, 65,
68, 71.1, 72, 81, Supplemental Rules B, C, and G, and Illustrative
Civil Forms 3, 4, and 60 regarding the computation of time under
the rules. The advisory committee also approved proposed amendments
to Civil Rules 13, 15, 48, and 81, and new Rule 62.1, and approved
in principle a proposed amendment to Civil Rule 8. The advisory
committee will forward its recommendations to the Committee on Rules
of Practice and Procedure for consideration at its June 2008 meeting.
If approved, the proposed amendments and new rule will be transmitted
to the Judicial Conference for consideration at its September 2008
session.
The advisory committee also approved
for publication proposed amendments to Civil Rule 26 on the discovery
of expert witnesses and Civil Rule 56 on summary judgment. The advisory
committee will forward its recommendations to publish to the Committee
on Rules of Practice and Procedure for consideration at its June
2008 meeting. If approved, the proposed amendments are expected
to be published in August 2008 and will be posted at http://www.uscourts.gov/rules/newrules1.htm.
The advisory committee's report to
the Standing Rules Committee is posted at http://www.uscourts.gov/rules/reports.htm.
Bankruptcy Rules Committee Approved
Proposed Amendments to Bankruptcy Rules and Official Forms
At its March 27-28, 2008, meeting,
the Advisory Committee on Bankruptcy Rules approved amendments to
Bankruptcy Rules 2016, 4008, 7052, 7058, 8002, 9006, 9015, 9021,
9023, and new Rules 1021, 2007.2, 2015.2, and 5008, 7058, and Official
Forms 8, 9F, 10, 23, 27, and Exhibit D to Official Form 1. If the
proposed rule amendments are approved by the Standing Committee,
Judicial Conference, and Supreme Court, and if Congress takes no
action to the contrary, the proposed amendments and new rules will
take effect on December 1, 2009. If approved by the Standing Committee
and Judicial Conference, the revisions to Official Forms 8, 9F,
10, 23, and Exhibit D to Official Form 1 will take effect on December
1, 2008. Revisions to Official Form 27 will take effect on December
1, 2009. [The advisory committee also approved proposed amendments
on the computation of time to Bankruptcy Rules 1007, 1011, 1019,
1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015.1, 2015.2,
2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003,
6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015,
8017, 9006, 9027, and 9033. The proposed amendments are scheduled
to take effective on December 1, 2009.] The agenda materials for
the meeting are posted at http://www.uscourts.gov/rules/Agenda_Books.htm.
The Advisory Committee also approved
for publication proposed amendments to Bankruptcy Rules 1014, 1015,
1018, 5009, 9001, and new Rules 1004.2, 1018.1, and 5012. The proposed
amendments will be published for comment in August 2008 and will
be posted at http://www.uscourts.gov/rules/newrules1.htm.
The advisory committee's report to
the Standing Rules Committee is posted at http://www.uscourts.gov/rules/reports.htm.
Judicial
Conference Action: March 2008 Session
On March 11, 2008, the Judicial Conference of the
United States met to consider, among other things, the report of
the Committee on Rules of Practice and Procedure. The Committee
presented no action items to the Conference, but did report on pending
rules projects. The Committee's report is posted at http://www.uscourts.gov/rules/Reports/ST03-2008.pdf.
The report may also be found on this page, http://www.uscourts.gov/rules/reports.htm.
Comment Period Ends:
Rules Published August 2007
The public comment period ended on February 15, 2008, for the following
proposed rules and forms amendments and new rules:
Proposed Amendments to the Federal Rules of Appellate,
Bankruptcy, Civil, and Criminal Procedure - August 2007
- Appellate Rules 4, 22, 26, 40, and new Rule 12.1;
- Bankruptcy Rules 4008, 7052, 9021, new Rules 1017.1 and 7058,
revisions to Official Form 8, and new Official Form 27;
- Civil Rules 8, 13, 15, 48, 81, and new Rule 62.1; and
- Criminal Rules 7, 32, 32.2, 41, Rule 11 and new Rule 12 of
the Rules Governing § 2254 Cases, and Rule 11 of the Rules Governing
§ 2255 Proceedings
Proposed Time-Computation Amendments to the Federal Rules
of Appellate, Bankruptcy, Civil, and Criminal Procedure - August
2007
- Appellate Rules 4, 5, 6, 10, 12, 15, 19, 25, 26, 27, 28.1,
30, 31, 39, and 41;
- Bankruptcy Rules 1007, 1011, 1019, 1020, 2002, 2003, 2006,
2007, 2007.2, 2008, 2015, 2015.1, 2015.2, 2015.3, 2016, 3001,
3015, 3017, 3019, 3020, 4001, 4002, 4004, 6003, 6004, 6006,
6007, 7004, 7012, 8001, 8002, 8003, 8006, 8009, 8015, 8017,
9006, 9027, and 9033;
- Civil Rules 6, 12, 14, 15, 23, 27, 32, 38, 50, 52, 53, 54,
55, 56, 59, 62, 65, 68, 71.1, 72, 81, Supplemental Rules B,
C, and G, and Illustrative Civil Forms 3, 4, and 60; and
- Criminal Rules 5.1, 7, 12.1, 12.3, 29, 33, 34, 35, 41, 45,
47, 58, 59, Rule 8 of the Rules Governing § 2254 Cases, and
Rule 8 of the Rules Governing § 2255 Proceedings.
The proposed amendments, comments submitted on the amendments,
and other information may be accessed by clicking on the link, http://www.uscourts.gov/rules/proposed0709.htm.
Standing
Rules Committee Approved Proposed Rules Amendments for Publication
At its January 14-15, 2008, meeting, the Committee
on Rules of Practice and Procedure adopted the recommendations of
the Advisory Committees on Appellate, Bankruptcy, and Criminal Rules
and approved publishing for public comment the following proposed
rules amendments:
• Appellate Rule 29 (consistent with revised
Supreme Court Rule 37.6 on amicus briefs);
• Bankruptcy Rules 1007 (shortens time for debtor to file list
of creditors), 1019 (provides new time period to object to claim
of exemption), 4004 (several changes regarding a new time to file
motions under Rule 7001, a conforming amendment to Rule 7001,
and the withholding of a discharge if debtor has not filed statement
of completing a financial management course); and
• Criminal Rules 5, 12.3, and 21 (implements the Crime Victims'
Rights Act)
The proposed amendments, which are expected to be
published in August 2008, will be posted at http://www.uscourts.gov/rules/newrules1.htm.
Finally, the Committee adopted the recommendation
of the Advisory Committee on Criminal Rules and will transmit to
the Chief Justice of the Supreme Court of the United States a recommendation
that a crime victims' rights advocate not be appointed as a permanent
member to the advisory committee.
Rules
Hearings Cancelled
The public hearings scheduled in January
and February 2008 on proposed amendments to the Federal Rules
of Appellate, Bankruptcy, Civil, and Criminal Procedure that were
published for comment in August 2007 are cancelled. The public comment
period on the proposed rules amendments expires on February 15,
2008. Comments submitted to date are posted at http://www.uscourts.gov/rules/proposed0807-1.htm.
Congressional
Action: Developments in the 110th Congress, December 2007
A report summarizing legislative action affecting
the Federal Rules of Practice, Procedure, and Evidence taken during
the first session of the 110th Congress is now posted. The report
may be found on the "Legislation" page or by clicking on this link,
http://www.uscourts.gov/rules/Legislative_Report_Jan_2008.pdf
Revisions
to Bankruptcy Official Form 1 Approved: Effective
January 1, 2008
On December 21, 2007, the Executive Committee on
behalf of the Judicial Conference adopted the recommendation of
the Committee on Rules of Practice and Procedure and approved revisions
to Bankruptcy
Official Form 1, effective on January 1, 2008. The revisions
to Official Form 1 conform to new Federal Rule of Bankruptcy Procedure
9037, which was effective on December 1, 2007.
Bill
Introduced to Enact Evidence Rule 502: 12/11/07
On December 11, 2007, Senator Patrick Leahy, Chair
of the Senate Judiciary Committee, introduced S.
2450, a bill adding new Evidence Rule 502 to the Federal Rules
of Evidence. The legislation addresses waiver of the attorney-client
privilege and work product protection and is identical to proposed
Evidence Rule 502, which was approved by the Judicial
Conference of the United States and transmitted to Congress
for its consideration in September 2007.
Unlike other amendments to the federal rules of
practice and procedure that take effect unless Congress acts affirmatively
to modify, defer, or reject it, "[a]ny such rule creating, abolishing,
or modifying an evidentiary privilege shall have no force or effect
unless approved by Act of Congress." See 28
U.S.C. § 2074(b).
Federal
Rules of Evidence w/Navigational Aids:
Available Now
We have added several navigational aids to the current
Federal
Rules of Evidence, making them easier and more convenient to
use. First, "bookmarks" were added to the PDF document to make it
easy to find and locate rules and subdivisions. Second, invisible
hyperlinks were added to the table of contents, which are linked
to the underlying rules and subdivisions. Finally, the rules are
in a text-searchable format, making it easy to search for and copy
text.
We plan on modifying all the federal rules of practice
and procedure once they are made available by the U.S. House of
Representatives Committee on the Judiciary, which we expect to be
in mid-to late January 2008. The modified rules will be posted at
http://www.uscourts.gov/rules/newrules4.html.
Bankruptcy
Official Forms 22A, 22B, 22C Approved:
Effective January 1, 2008
On November 21, 2007, the Executive Committee on
behalf of the Judicial Conference approved the recommendation of
the Committee on Rules of Practice and Procedure and approved revisions
to Official Bankruptcy Forms 22A, 22B, and 22C to be effective on
January 1, 2008. Changes in these forms, which implement the "means
test" provisions of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (Pub. L. No. 109-8), were originally recommended
for action at the September 2007 Conference session, but the recommendation
was withdrawn when changes in the Internal Revenue Service (IRS)
standards governing means test calculations were announced. With
the latest revisions, the forms conform to the new IRS standards,
which also take effect on January 1, 2008. The forms are posted
at http://www.uscourts.gov/bankform/index.html#means
Congressional
Action: Rules Effective 12/1/07
Congress has taken no action
on the amendments to the Federal Rules of Appellate, Bankruptcy,
Civil, and Criminal Procedure, approved by the Supreme Court on
April 30, 2007. Accordingly, the following amendments to the rules
will take effect on December 1, 2007:
• Appellate Rule 25;
• Bankruptcy Rules 1014, 3007, 4001, 6006, and 7007.1, and new
Rules 6003, 9005.1, and 9037;
• Restyled Civil Rules 1-86, Restyled Illustrative Civil Forms
1 through 82, and new Civil Rule 5.2; and
• Criminal Rules 11, 32, 35, 45, and new Rule 49.1. (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 is abrogated.)
In accordance with 28 U.S.C. § 2074(a) and the April
30, 2007, orders of the Supreme Court, they will govern all proceedings
commenced on or after December 1, 2007, and "insofar as just and
practicable" all proceedings then pending. The text of the amended
rules and extensive supporting documentation can be found at: http://www.uscourts.gov/rules/congress0407.htm.
The amendments scheduled to take effect on December
1, 2007, include revisions to the Appellate, Bankruptcy, Civil,
and Criminal Rules that implement the E-Government
Act of 2002. They require that personal identification information
be redacted from documents filed with the court — individuals' Social
Security and taxpayer identification numbers, names of minor children,
financial account numbers, dates of birth, and, in criminal cases,
home addresses. The new rules are derived from the privacy policy
adopted by the Judicial Conference in September 2001 that addresses
concerns arising from public access to electronic case filings.
In essence, the Conference policy requires that documents in case
files generally be made available electronically to the same extent
that they are available at the courthouse, provided that certain
personal identifiers are redacted from the public file.
Also scheduled to take effect on December 1, 2007,
are the comprehensive style amendments to Federal Rules of Civil
Procedure 1-86 and style revisions to the Illustrative Civil Forms.
The Civil Rules are amended to clarify and simplify them without
changing their substantive meaning. The restyled Civil Rules are
the third set of restyled federal rules, preceded by the restyling
of the Federal Rules of Appellate Procedure, which became effective
in 1998, and the Federal Rules of Criminal Procedure, which became
effective in 2002. More information on the new rules and forms,
including the text of the rules amendments, excerpt reports of the
Rules Committees, and a chart listing each instance where a current
Civil Rule was renumbered in the Restyle Civil Rules are posted
on the web site at: http://www.uscourts.gov/rules/congress0407.htm.
National
Appellate and Civil Forms: Now Posted
in WordPerfect and RTF Formats
We have posted the six Appellate Forms, appended
to the Federal Rules of Appellate Procedure, and the newly restyled
Illustrative Civil Forms to the Federal Rules of Civil Procedure,
which take effect on December 1, 2007. The forms are posted in WordPerfect
and RTF (Word compatible) formats. The forms are offered as templates
based on the official published forms, but are not identical to
them. Language in the forms may require modification before the
document can be filed with the court. Red font is used to draw attention
to these instances. Instructions are enclosed in angle brackets
and alternative phrases appear in square brackets. The Appellate
and Civil forms are posted at: http://www.uscourts.gov/rules/newrules4.html.
Request
for Comment on Bankruptcy Rule 8002: Due
by February 15, 2008
In August 2007, the Rules Committees published for
public comment proposed amendments to the Appellate, Bankruptcy,
Civil, and Criminal Rules governing the computation of time under
the rules. Among other things, Bankruptcy Rule 8002 is proposed
to be amended to set 14 days as the deadline for filing a notice
of appeal from a judgment, order, or decree in a bankruptcy case.
The Advisory Committee on Bankruptcy Rules invites
public comment on whether the proposed extension from 10 to
14 days would cause any material disruption in bankruptcy practice.
Comment is also invited on whether the deadline should be extended
to 30 days, making it consistent with the 30-day general civil appellate
deadline imposed by Federal Rule of Appellate Procedure 4(a)(1).
Comments on both issues can be submitted electronically to: Rules_Comments@ao.uscourts.gov.
Comments should be submitted by February 15, 2008.
Foreign
Intelligence Surveillance Court Draft Procedures: Under Consideration
The Foreign Intelligence Surveillance Court is currently
considering draft Procedures for Review of Petitions Filed Under
Section 105B(h) of the Foreign Intelligence Surveillance Act of
1978, as Amended.
The procedures may be accessed by clicking the link,
http://www.uscourts.gov/rules/FISC_105B_rules_Oct_2007.pdf.
The procedures may also be accessed by clicking on the link titled,
"FISA Rules and Procedures" located in the menu on the left.
Advisory
Rules Committee Actions: Fall 2007 Meetings
Evidence Rules Committee Considered
Proposed Rule Amendments
At its November 16, 2007, meeting, the Advisory
Committee on Evidence Rules reviewed protocols and procedures for
restyling the Federal Rules of Evidence. The advisory committee
is undertaking a project to rewrite the Evidence Rules to make them
simpler and easier to read, without changing substantive meaning.
The advisory committee also: (1) reviewed a report on case law developments
following the Supreme Court's decision in Crawford v. Washington,
541 U.S. 36 (2004); (2) considered a possible amendment to Evidence
Rule 804(b)(3), which would extend the corroborating circumstances
requirement to all proffered declarations against penal interest;
and (3) considered possible actions regarding H.R. 1592, the "Local
Law Enforcement Hate Crimes Prevention Act of 2007" and S. 1105,
the "Matthew Shepard Local Law Enforcement Hate Crimes Prevention
Act of 2007."
Civil Rules Committee Considered
Proposed Rules Amendments
At its November 8-9, 2007, meeting,
the Advisory Committee on Civil Rules considered reports from its
Subcommittee on Rule 26 and Subcommittee on Rule 56 regarding preliminary
proposals to amend Civil Rule 26 on discovery of expert witnesses
and Civil Rule 56 on summary judgment practice. The Advisory Committee
agreed to carry forward consideration of the proposals to its spring
2008 meeting.
Appellate Rules Committee Approved
for Publication
Proposed Rule Amendments
At its November 1-2, 2007, meeting, the Advisory
Committee on Appellate Rules approved for publication proposed amendments
to Federal Rules of Appellate Procedure 1 (definition of "state"
to include District of Columbia and any commonwealth, territory,
or possession of the United States) and 29 (require disclosure of
authorship or monetary contributions re amicus briefs, modeled after
Supreme Court Rule 37.6). The advisory committee will transmit its
recommendations to the Committee on Rules of Practice and Procedure
for its consideration.
Criminal Rules Committee Approved
for Publication Proposed Rules Amendments
At its October 1-2, 2007, meeting,
the Advisory Committee on Criminal Rules approved the recommendation
of its subcommittee on crime victims and approved for publication
proposed amendments to Criminal Rules 5 (initial appearance), 12.3
(notice of a public-authority defense), and 21 (transfer for trial).
The proposed amendments implement the Crime Victims' Rights Act,
18 U.S.C. § 3771. The Advisory Committee also approved for publication
proposed amendments to Criminal Rules 32.1 (revoking or modifying
probation or supervised release) and 46 (release from custody; supervising
detention). These proposed amendments authorize a court to issue
an arrest warrant and summons where the government seeks to revoke
a defendant's release on bail or supervised release.
The Advisory Committee also considered
other proposed rules amendments, most of which were referred to
subcommittees for further study.
Judicial
Conference Action: September 2007 Session
The Judicial Conference met on September 18, 2007,
and approved the recommendations of the Committee on Rules of Practice
and Procedure and approved the following proposed amendments to
the rules:
- Bankruptcy Rules 1005, 1006, 1007, 1009, 1010,
1011, 1015, 1017, 1019, 1020, 2002, 2003, 2007.1, 2015, 3002,
3003, 3016, 3017.1, 3019, 4002, 4003, 4004, 4006, 4007, 4008,
5001, 5003, 6004, 7012, 7022, 7023.1, 8001, 8003, 9006, 9009,
and 9024, and new Bankruptcy Rules 1021, 2007.2, 2015.1, 2015.2,
2015.3, 5008, and 6011, and Official Forms 1, 3A, 3B, 4, 5, 6,
7, 9, 10, 16A, 18, 19, 21, 23, and 24, and new Official Forms
25A, 25B, 25C, and 26 (new Official Forms 25A, 25B, 25C, and 26
effective December 1, 2008, to coincide with rule amendments taking
effect on same day).
- Criminal Rules 1, 12.1, 17, 18, 32, 41, 45, 60,
and 61; and
- New Evidence Rule 502. The Judicial Conference
approved Rule 502 and
agreed to transmit it to Congress with a recommendation that it
be enacted according to law. 28 U.S.C. § 2074. The Judicial Conference
also adopted and agreed to transmit to Congress a report
on creating a harm-to-child exception to marital privileges.
(Official Forms 22A, 22B, and 22C were withdrawn
by the Committee at the request of the Advisory Committee on Bankruptcy
Rules)
The proposed amendments — with the exception of
the Official Forms — will be transmitted to the Supreme Court with
a recommendation that they be approved. The Committee's report and
appendix may be accessed by clicking on this link, http://www.uscourts.gov/rules/Reports/ST09-2007.pdf
The report and appendix may also be found on this page, http://www.uscourts.gov/rules/reports.htm.
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