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Amendments to Federal Rules Effective 12/1/08

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Congress has taken no action on the amendments to the Federal Rules of Bankruptcy, Civil, and Criminal Procedure, approved by the Supreme Court on April 23, 2008. Accordingly, the following amendments to the rules will take effect on December 1, 2008:

•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 above Bankruptcy Rules amendments and new rules implement the changes to the Bankruptcy Code made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-08, and, with the exception of Interim Rule 5012 (Communication of and Cooperation with Foreign Courts and Foreign Representatives), supercede the Interim Rules generally adopted by the courts as local rules in October 2005.

In accordance with 28 U.S.C. § 2074(a) and the April 23, 2008, orders of the Supreme Court, they will govern all proceedings commenced on or after December 1, 2008, 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/supct0408.html.

The text of new Evidence Rule 502, which went into effect by operation of Public Law No. 110-322 on September 19, 2008, is posted at http://www.uscourts.gov/rules/evidence502.html.

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