Federal Rulemaking

• August 2006 - December 2008 Amendments (Effective Dec 1, 2008)
• August 2005 - December 2007 Amendments (Effective Dec. 1, 2007)
• August 2004 - December 2006 Amendments (Effective Dec. 1, 2006)
• August 2003 - December 2005 Amendments (Effective Dec. 1, 2005)
  • Appellate | Bankruptcy | Civil | Criminal
• August 2002 - December 2004 Amendments (Effective Dec. 1, 2004)
  • Bankruptcy | Criminal | Evidence
• August 2001 - December 2003 Amendments (Effective Dec. 1, 2003)
• August 2000 - December 2002 Amendments (Effective Dec. 1, 2002)
• August 1999 - December 2001 Amendments (Effective Dec. 1, 2001)
• August 1998 - December 2000 Amendments (Effective Dec. 1, 2000)
• August 1997 - December 1999 Amendments (Effective Dec. 1, 1999)

August 2006 - December 2008 Amendments (Effective Dec. 1, 2008)

Evidence Rule 502 Approved by Congress (Effective September 19, 2008)

• Congressional Statement re Rule 502
  

Amendments Approved by Supreme Court (April 2008)(LATEST VERSION OF THE AMENDMENTS)

Amendments Approved by Judicial Conference (September 2007)

• Report to Congress Transmitting Evidence Rule 502 (September 2007)
• Report to Congress on a Harm-to-Child Exception to Marital Privileges (September 2007)

Amendments Approved by Standing Committee (June 2007)

Proposed Amendments Published for Comment (August 2006)

• Comments Submitted
  

Interim Bankruptcy Rules and Official Forms: August 2005 (Interim Rules and Official Forms implementing the Bankruptcy Abuse and Prevention and Consumer Protection Act of 2005)

• Memorandum from Secretary James C. Duff re Repeal of Interim Bankruptcy 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, 22A*, 22B, 22C*, 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.

• Supplemental Rule C (approved at March 2007 Judicial Conference Session)

* (Official Forms 22A and 22C were withdrawn at the request of the Bankruptcy Rules Committee in September 2007. The forms were later revised to conform to new IRS standards. In November 2007, the Executive Committee on behalf of the Judicial Conference approved revisions to Official Forms 22A, 22B, and 22C, effective January 1, 2008.)

Bankruptcy Rules and Official Forms:

Bankruptcy Rule 1005 (Caption of Petition) (requires disclosure of all names used by the debtor in the past eight years and last four digits of debtor’s taxpayer-identification number) (PDF)
Bankruptcy Rule 1006 (Filing Fee) (allows courts to waive payment of filing fees or allows debtor to pay in installments) (PDF)
Bankruptcy Rule 1007 (Lists, Schedules, Statements, and other Documents; Time Limits) (requires debtor to file additional documents mandated under the Act and limits extensions of time for small business debtors to file schedules and statements. Also requires debtor filing a petition under chapter 15 to include a list of entities with whom the debtor is engaged in litigation) (PDF)
Bankruptcy Rule 1009 (Amendments of Voluntary Petitions, Lists, Schedules, and Statements) (technical amendment correcting cross reference) (PDF)
Bankruptcy Rule 1010 (Service of Involuntary Petition and Summons; Petition For Recognition of a Foreign Nonmain Proceeding) (requires service of summons and petition on debtor and other entity against whom the representative is seeking provisional relief in a pending foreign nonmain proceeding) (PDF)
Bankruptcy Rule 1011 (Responsive Pleading or Motion in Involuntary and Cross-Border Cases) (technical amendment, including a requirement that corporation involved in cross-border insolvency file corporate disclosure ownership statement) (PDF)
Bankruptcy Rule 1015 (Consolidation or Joint Administration of Cases Pending in Same Court) (technical amendment re change in numbering) (PDF)
Bankruptcy Rule 1017 (Dismissal or Conversion of Case; Suspension) (permits parties to move to dismiss chapter 7 consumer-debtor case for abuse) (PDF)
Bankruptcy Rule 1019 (Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case to a Chapter 7 Liquidation Case) (preserves creditor’s right to bring actions to determine dischargeability under § 523 and motion to dismiss under § 707 upon conversion of a case from chapter 13 to chapter 7) (PDF)
Bankruptcy Rule 1020 (Small Business Chapter 11 Reorganization Case) (provides new procedures to determine whether debtor is a small business) (PDF)
Bankruptcy Rule 1021 (Health Care Business Case) (provides procedures for designating debtor as a health-care business) (PDF)
Bankruptcy Rule 2002 (Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee) (requires court to promptly provide all creditors with statement by trustee re whether debtor’s case is presumed abusive. Implements other parts of 2005 Act) (PDF)
Bankruptcy Rule 2003 (Meeting of Creditors or Equity Security Holders) (authorizes court to order that a meeting of creditors not be convened if the debtor has solicited acceptances of a plan prior to the commencement of a case) (PDF)
Bankruptcy Rule 2007.1 (Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case) (requires elected trustee to file an affidavit with information on that person’s connection with creditors and others with an interest in the case) (PDF)
Bankruptcy Rule 2007.2 (Appointment of Patient Care Ombudsman in a Health Care Business Case) (requires the appointment of a health care ombudsman in the first 30 days of all health care business cases unless the court finds it unnecessary. Also provides for parties in interest to file motions to object to the appointment) (PDF)
Bankruptcy Rule 2015 (Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status) (requires small-business chapter 11 debtors to file periodic financial and operating reports. Also requires foreign representatives to report to court and sets the time for filing reports) (PDF)
Bankruptcy Rule 2015.1 (Patient Care Ombudsman) (governs reports issued by health- care ombudsman and protects patient’s privacy when ombudsman requests access to patient records) (PDF)
Bankruptcy Rule 2015.2 (Transfer of Patient in Health Care Business Case) (requires trustee to issue notice when relocating patients from a health-care business debtor’s facility that is closing) (PDF)
Bankruptcy Rule 2015.3 (Reports of Financial Information on Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial Interest) (requires debtors to file periodic reports re value and profitability of any entity in which the debtor has a substantial or controlling interest) (PDF)
Bankruptcy Rule 3002 (Filing Proof of Claim or Interest) (conforms time period for filing proofs of government claims under § 1308 to time periods under § 502. Also gives court discretion for extending time for foreign creditor to file proof of claim) (PDF)
Bankruptcy Rule 3003 (Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases) (requires court to grant additional time to creditor with foreign address to file proofs of claim in chapter 9 or chapter 11 cases) (PDF)
Bankruptcy Rule 3016 (Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case) (small-business debtor need not file disclosure statement in a chapter 9 or 11 case if the plan itself includes adequate information and court finds that separate disclosure statement is unnecessary) (PDF)
Bankruptcy Rule 3017.1 (Court Consideration of Disclosure Statement in a Small Business Case) (court in a small-business chapter 11 case may conditionally approve plan if adequate information is provided) (PDF)
Bankruptcy Rule 3019 (Modification of Accepted Plan Before or After Confirmation in a Chapter 9 Municipality or Chapter 11 Reorganization Case) (establishes procedures for filing and objecting to a proposed modification of a confirmed plan) (PDF)
Bankruptcy Rule 4002 (Duties of Debtor) (requires debtor to provide additional evidence of personal identity, current income, recent Federal income tax returns or tax transcripts, and financial account information existing at commencement of the case, consistent with the 2005 Act) (PDF)
Bankruptcy Rule 4003 (Exemptions) (extends deadline for filing objections to exemptions from 30 days to 60 days and allows trustee to object to an exemption up to one year after case closed if the exemption was fraudulent) (PDF)
Bankruptcy Rule 4004 (Grant or Denial of Discharge) (requires debtor to complete a financial management program before court enters discharge, and allows court to postpone discharge to determine whether debtor committed a felony or owes money arising from certain causes of action) (PDF)
Bankruptcy Rule 4006 (Notice of No Discharge) (requires clerk to notify parties in interest, including the debtor, that no discharge was entered if debtor failed to complete financial management course) (PDF)
Bankruptcy Rule 4007 (Determination of Dischargeability of a Debt) (expands the exceptions to discharge upon completion of a chapter 13 plan) (PDF)
Bankruptcy Rule 4008 (Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation Agreement) (establishes a deadline for filing a reaffirmation agreement. Also requires debtor to file a signed statement showing total income and expense from schedules and an explanation of any discrepancies so that the court can evaluate the reaffirmation for undue hardship) (PDF)
Bankruptcy Rule 5001 (Courts and Clerks’ Offices) (permits bankruptcy judges in emergency situations to hold hearings outside of the district in which the case is pending) (PDF)
Bankruptcy Rule 5003 (Records Kept By the Clerk) (allows taxing authorities to designate addresses to use for the service of a request under § 505(b)(1)) (PDF)
Bankruptcy Rule 5008 (Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors) (requires clerks to give written notice to all creditors not later than 10 days after the filing of a petition that a presumption of abuse has arisen) (PDF)
Bankruptcy Rule 5012 (Communication and Cooperation With Foreign Courts and Foreign Representatives) (provides opportunity for parties in a cross-border insolvency case to participate on timely request in a court’s communication with a foreign court or foreign representative) (PDF)
Bankruptcy Rule 6004 (Use, Sale, or Lease of Property) (requires the appointment of a consumer privacy ombudsman in certain circumstances when a debtor proposes to sell personally identifiable information) (PDF)
Bankruptcy Rule 6011 (Disposal of Patient Records in Health Care Business Case) (requires trustee to notify patients before destroying their medical records) (PDF)
Bankruptcy Rule 8001 (Manner of Taking Appeal; Voluntary Dismissal; Certification to Court of Appeals) (authorizes appeals directly to the courts of appeals upon certification either by the bankruptcy or district court or the bankruptcy appellate panel) (PDF)
Bankruptcy Rule 8003 (Leave to Appeal) (implements the direct appeal provisions of the Act) (PDF)
Bankruptcy Rule 9006 (Time) (extensions of time for filing schedules and a statement of financial affairs by small business debtors cannot be extended beyond the time set in the Code) (PDF)
Bankruptcy Rule 9009 (Forms) (plan proponent in a small business chapter 11 case need not use an Official Form of a plan of reorganization and disclosure statement) (PDF)
Official Form 1 (Voluntary Petition) (requests for information about the debtor have been revised and the statutory definition of “consumer debt” has been added) (AMENDMENT TOOK EFFECT ON 12.1.07)(PDF)
Exhibit D to Official Form 1 (Individual Debtor’s Statement of Compliance with Credit Counseling Requirement) (alerts debtors to the prepetition credit counseling requirement) (REVISED AMENDMENT TO TAKE EFFECT ON 12.1.08) (PDF)
Official Form 3A (Application to Pay Filing Fee in Installments) (amended to state that, until the filing fee is paid in full, the debtor will not make any additional payment or transfer any additional property for services in connection with the case)(AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 3B (Application for Waiver of the Chapter 7 Filing Fee for Individuals Who Cannot Pay the Filing Fee in Full or in Installments) (courts permitted to waive the filing fee or permit the debtor to pay in installments in a case under chapter 7) (AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 4 (List of Creditors Holding 20 Largest Unsecured Claims) (provides more information concerning notification to a guardian or other adult when a minor child is a creditor in a bankruptcy case) (AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 5 (Involuntary Petition) (facilitates collection in an involuntary case the same statistical information as in a voluntary case) (AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 6 (Schedules) (facilitates statistical reporting requirements and other conforming amendments) (AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 7 (Statement of Financial Affairs) (conforms to proposed new Bankruptcy Rule 9037) (AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 8 (Chapter 7 Individual Debtor’s Statement of Intention) (adds section covering personal property subject to an unexpired lease and an option labeled “lease will be assumed pursuant to 11 U.S.C. § 362(h)(1)(A)” to the choices a debtor may make) (REVISED AMENDMENT TO TAKE EFFECT ON 12.1.08) (PDF)
Official Form 9 (Notice of Commencement of Case, Meeting of Creditors and Deadlines) (adds “family fisherman” as a category of debtor eligible for bankruptcy relief under chapter 12 of the Bankruptcy Code. Also allows Internal Revenue Service to assert a claim in a chapter 13 case based on a debtor’s income tax return filed during the three to five years the case is pending) (AMENDMENT TOOK EFFECT ON 12.1.07). (ADDITIONAL TECHNICAL AMENDMENT TO FORM 9F TO TAKE EFFECT ON 12.1.08) (PDF)
Official Form 10 (Proof of Claim) (conforms with the changed priority scheme in the Code. Also provides more accurate addresses for transmittal of payments and notices and updates the Instructions and Definitions portions of the form) (AMENDMENT TOOK EFFECT ON 12.1.07). (ADDITIONAL TECHNICAL AMENDMENT TO TAKE EFFECT ON 12.1.08) (PDF)
Official Form 16A (Caption (Full)) and Official Form 18 (Discharge of Debtor in a Chapter 7 Case) (requires disclosure of all names used by the debtor in the past eight years and last four digits of debtor’s taxpayer-identification number. Also reflects changes to the Bankruptcy Code governing nondischargeability of certain obligations) (AMENDMENTS TOOK EFFECT ON 12.1.07) (PDF)
Official Form 19A (Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer) (changes the former “certification” to “declaration” and contains additional language mandated by the 2005 Act) (REVISED AMENDMENT COMBING FORMS 19A AND 19B TOOK EFFECT ON 12.1.07) (PDF)
Official Form 19B (Notice to Debtor by Non-Attorney Bankruptcy Petition Preparer) (contains the notice that a non-attorney bankruptcy petition preparer is required to give a debtor) (REVISED AMENDMENT COMBING FORMS 19A AND 19B TOOK EFFECT ON 12.1.07) (PDF)
Official Form 21 (Statement of Social-Security Number) (requires taxpayers that do not have a social-security number to provide a taxpayer-identification number on form) (AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 22A (Chapter 7 Statement of Current Monthly Income and Means-Test Calculation) (deletes the phrase “in default” in recognition that a debtor may be required to make additional payments to a creditor even if the loan is not in default) (REVISED AMENDMENT TOOK EFFECT ON 1.1.08) (PDF)
Official Form 22B (Chapter 11 Statement of Current Monthly Income) (allows calculation of disposable income under judicially-determined standards, rather than pursuant to the means-test deductions specified for higher-income chapter 13 debtors) (AMENDMENT TOOK EFFECT ON 1.1.08) (PDF)
Official Form 22C (Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income) (requires all chapter 13 debtors, including those whose income is below the applicable median, to complete Part III of the form) (REVISED AMENDMENT TOOK EFFECT ON 1.1.08) (PDF)
Official Form 23 (Debtor’s Certification of Completion of Instructional Course Concerning Personal Financial Management) (requires debtor to provide number of the certificate of completion received from the course, requires debtor to indicate any applicable exception to the requirement to complete the course, and states deadlines for filing the certification in a chapter 7 case and a chapter 13 case) (AMENDMENT TOOK EFFECT ON 12.1.07). (ADDITIONAL TECHNICAL AMENDMENT TO TAKE EFFECT ON 12.1.08) (PDF)
Official Form 24 (Certification to Court of Appeals by All Parties) (must be used to file any certification of an appeal, bankruptcy court judgment, order, or decree directly to the United States Court of Appeals by all the appellants and appellees acting jointly) (AMENDMENT TOOK EFFECT ON 12.1.07) (PDF)
Official Form 25A ([Name of Proponent]’s Plan of Reorganization, Dated [Insert Date]) and Official Form 25B ([Name of Proponent]’s Disclosure Statement, Dated [Insert Date]) (new forms re reorganization plan and disclosure statement to be used in small business cases under chapter 11) (AMENDMENTS TO TAKE EFFECT ON 12.1.08) (PDF)
Official Form 25C (Small Business Monthly Operating Report) (new form to assist small business debtors in chapter 11 cases to fulfill their financial reporting responsibilities under the Act) (AMENDMENT TO TAKE EFFECT ON 12.1.08) (PDF)
Official Form 26 (Periodic Report Concerning Related Entities) (new form to be used when required by proposed new Bankruptcy Rule 2015.3 to file periodic reports on the profitability of any entities in which a chapter 11 debtor holds a substantial or controlling interest) (AMENDMENT TO TAKE EFFECT ON 12.1.08) (PDF)

Criminal Rules:

Criminal Rule 1 (Scope; Definitions) (incorporates definition of “crime victim” from the Crime Victims’ Rights Act and specifies legal representatives who may act on behalf of victims under 18, incompetent, or deceased. Also clarifies that a person accused of an offense cannot be a “victim” under the rules) (PDF)
Criminal Rule 12.1 (Notice of Alibi Defense) (provides that a victim’s address and telephone number should not automatically be provided to the defense when an alibi defense is raised) (PDF)
Criminal Rule 17 (Subpoena) (requires court approval when defendant subpoenas third party to provide personal or confidential information about a victim. Also requires notice of subpoena to victim and opportunity to quash or modify it) (PDF)
Criminal Rule 18 (Place of Trial) (requires court to consider convenience of victims as well as defendants and witnesses when setting place for trial within the district) (PDF)
Criminal Rule 29 (Motion for a Judgment of Acquittal) (allows government to seek appellate review of preverdict judgment of acquittal)(Deferred indefinitely) (PDF)
Criminal Rule 32 (Sentencing and Judgment) (several amendments implementing the Crime Victims’ Rights Act) (PDF)
Criminal Rule 45 Criminal Rule 45 (Computing and Extending Time) (technical amendment that revises cross references to Civil Rule 5)
Criminal Rule 41 (Search and Seizure) (authorizes magistrate judges to issue search warrants for property located outside any state or federal judicial district, including U.S. territories, possessions, and commonwealths not within a federal judicial district as well as certain premises associated with U.S. diplomatic and consular missions)
Criminal Rule 60 (Victim’s Rights) (consolidates in one rule new provisions implementing the Crime Victims’ Rights Act, including notice to victims of judicial proceedings, victim attendance at these proceedings, victim’s right to be heard, and enforcement of victims’ rights. Also incorporates statutory provisions limiting relief and states that failure to provide relief under the rule is not a basis for a new trial) (PDF)
Criminal Rule 61 (Title) (conforming amendment)

Evidence Rule:

Evidence Rule 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver) (waiver of attorney-client privilege and work product protection)

August 2005 - December 2007 Amendments (Effective Dec. 1, 2007)

• 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)
  • Comments Submitted
• 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

  • Part 1 - Proposed Style Revision of the Federal Rules of Civil Procedure - Feb. 2005 Proposed Style Rules Amendments (PDF)
  • Part 2 - Proposed Amendments Separate from Style Revision Project - Feb. 2005 Proposed Civil Rules Amendments Separate from Style Rules (PDF)Civil Rule 5.2 (Privacy Protection For Filings Made with the Court) (addresses privacy and security concerns arising from electronic case filing) (PDF)
  • Illustrative Civil Forms (plain-English style revisions to simplify, clarify, and eliminate ambiguity in the illustrative civil forms without changing substance) (PDF)
  • Comparison Chart (listing each instance where current Civil Rule was renumbered in restyled Civil Rules)
    

  
  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)

• Amendments Approved by Supreme Court (April 2006)(LATEST VERSION)
• Proposed Amendments Approved by Judicial Conference (September 2005)
• Proposed Amendments Approved by Standing Committee (June 2005)
• Proposed Amendments Published for Comments (August 2003 - November 2004)
  • Comments Submitted on Proposed Amendments
  • Transcripts of Hearings

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)

• Proposed Amendments Published for Comment (Aug. 2003)
  (Comment period Aug. 2003 - Feb. 2004)
• Comments Submitted
• Proposed Amendments Submitted to Judicial Conference (September 2004)
• Proposed Amendments Submitted to Supreme Court (Nov. 2004)
• Proposed New Civil Rule 5.1 and Amendment to Civil Rule 24 Submitted to Judicial Conference (March 2005)*
• Proposed Amendments to Bankruptcy Rules 2002, 9001, and 9036 Submitted to Judicial Conference (March 2005)
• Proposed Amendments to Bankruptcy Rules 2002, 9001, and 9036 Submitted to Supreme Court (March 2005)
• Request to Withdraw Proposed Amendment to Bankruptcy Rule 4008 (April 2005) (PDF)
• Proposed Rules and Amendments Submitted to Congress (Apr. 2005)

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)

• Proposed Amendments Published for Comment (Aug. 2002)
  (Comment period Aug. 2002 - Feb. 2003)
• Amendments Submitted to the Judicial Conference (Sept. 2003)
• Amendments Submitted to the Supreme Court (Dec. 2003)
• Amendments Submitted to Congress (Apr. 2004)
  

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)

• Proposed Amendments Published for Comment (Aug. 2001)
  (Comment period Aug. 2001 - Feb. 2002)
  (Comment period Jan. 2002 - Apr. 2002)
• Amendments Submitted to the Judicial Conference (Sept. 2002)
• Amendments Submitted to the Supreme Court (Dec. 2002)
• Amendments Submitted to the Congress (Mar. 2003)

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

• Proposed Amendments Published for Comment (Aug. 2000)
  (Comment period Aug. 2000 - Feb. 2001 and
   Comment period Jan. 2001 - Apr. 2001 for Admiralty Rule C)
• Amendments Submitted to the Judicial Conference (Sept. 2001)
• Amendments Submitted to the Supreme Court (Nov. 2001)
• Amendments to Criminal Rules 6 and 41 Submitted to the Judicial Conference (Mar. 2002)
• Amendments to Criminal Rules 6 and 41 Submitted to the Supreme Court (Mar. 2002)
• Amendments Submitted to the Congress (Apr. 2002)
• Statement by Justice Scalia, dissenting statement by Justices Breyer and O'Connor re: Amendments to Criminal Rule 26(b) (Apr. 29, 2002)
  
• Amendments to Criminal Rule 16 enacted by Pub. Law No. 107-273
• Amendment to Criminal Rule 6 enacted by Pub. Law No. 107-296

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

• Proposed Amendments Published for Comment (Aug. 1999)
  (Comment period Aug. 1999 - Feb. 2000)
• Amendments Submitted to the Judicial Conference (Sept. 2000)
• Amendments Submitted to the Supreme Court (Nov. 2000)
• Amendments Submitted to the Congress (Apr. 23, 2001)

August 1998 - December 2000 Amendments (Effective Dec. 1, 2000)

August 1997 - December 1999 Amendments (Effective Dec. 1, 1999)