Federal Rulemaking

Federal Rulemaking

What's New

• Advisory Committee Actions: Fall 2008 Meeting
• President Signs S. 2450: September 19, 2008
• Judicial Conference Approves Amendments: September 16, 2008
• Repeal of Interim Bankruptcy Rules: By December 1, 2008
• Proposed Amendments Published for Public Comment: 8/8/08
• Standing Committee's Report: July 2008
• Standing Committee Actions: June 2008 Meeting
• Federal Rules w/ Navigational Aids: Available Now
• Supreme Court Action: Amendments Approved 4/23/08
• Advisory Rules Committees Actions: Spring 2008 Meetings
• Judicial Conference Session: 3/11/08
• Public Comment Period Ends: 2/15/08
• Standing Committee Meeting: January 2008
• Rules Hearing Cancelled
• Congressional Action: Developments in 110th Congress
• Revisions to Bankruptcy Official Form 1 Approved: Effective January 1, 2008
• Evidence Rules w/ Navigational Aids: Available Now
• Bankruptcy Official Forms 22A, 22B, 22C Approved: 1/1/08
• Congressional Action: Rules Effective 12/1/07

Advisory Rules Committees Actions: Fall 2008 Meetings

Criminal Rules Committee Tentatively Approved Proposed Rule Amendment for Publication

At its October 20-21, 2008, meeting, the Advisory Committee on Criminal Rules tentatively approved for publication a proposed amendment to Criminal Rule 12(b)(3)(B), requiring a defendant to raise before trial the failure to state an offense. Under the proposed amendment, a defendant who fails to object before trial that the charge does not state an offense waives that objection. The advisory committee will review the proposed amendment at its spring 2009 meeting. Agenda materials for the meeting are posted at: http://www.uscourts.gov/rules/Agenda_Books.htm

Evidence Rules Committee Approved Proposed Style Amendments for Publication

At its October 23-24, 2008, meeting, the Advisory Committee on Evidence Rules approved for publication proposed style amendments to Federal Rules of Evidence 501-706. The advisory committee will recommend that publication of restyled Rules 501-706 be deferred pending completion of all the Federal Rules of Evidence. Agenda materials for the meeting are posted at: http://www.uscourts.gov/rules/Agenda_Books.htm

Bankruptcy Rules Committee Approved Proposed Amendments to Bankruptcy Rules and Official Forms

At its October 2-3, 2008, meeting, the Advisory Committee on Bankruptcy Rules approved for publication proposed amendments to Bankruptcy Rule 3001 and new Rule 3002.1 (disclosure of post-petition fees and expenses required to cure arrearage and maintain mortgage payments in chapter 13 cases); Bankruptcy Rule 9023, and new Rule 8007.1 (formalizing the practice on "indicative rulings"); and Lines 19A, 19B, 20A, and 20B of Bankruptcy Official Form 22A and Lines 24A, 24B, 25A, and 25B of Bankruptcy Official Form 22C (deleting "household" and "household size" from those lines and replacing them with "number of persons" or "family size"). The agenda materials for the meeting are posted at: http://www.uscourts.gov/rules/Agenda Books/BK2008-10.pdf

President Signs S. 2450 (New Evidence Rule 502) Into Law: September 19, 2008

On September 19, 2008, the President signed S. 2450 into law, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence (Pub. L. No. 110-322, 122 Stat. 3537). The House had approved S. 2450 on September 8, 2008. The Senate had approved S. 2450 on February 27, 2008. See Sen. Rept. No. 110-264.

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 text of the new rule, statement of Congressional intent, and other background information are posted at http://www.uscourts.gov/rules/evidence502.html.

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).

Judicial Conference Approves Proposed Amendments: September 2008 Session

On September 16, 2008, the Judicial Conference met and approved the recommendations of the Committee on Rules of Practice and Procedure 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 Conference also approved the following proposed non-time computation rules and forms 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 proposed amendments - with the exception of the Official Forms - will be transmitted to the Supreme Court with a recommendation that they be approved and transmitted to Congress in accordance with the Rules Enabling Act. If approved by the Supreme Court, and Congress does not act to the contrary, the proposed rules amendments will take effect on December 1, 2009.

The Committee's report and appendices containing the proposed amendments may be accessed by clicking on this link, http://www.uscourts.gov/rules/jc0908.html. The report and appendices may also be found on this page, http://www.uscourts.gov/rules/reports.htm.

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.

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

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.