Federal Rulemaking

Federal Rulemaking

What's New

• President Signed HR 1626: 5/7/09
• Advisory Committee Meetings: Spring 2009
• Supreme Court Approved Rules: 3/26/09
• Judicial Conference Action: 3/17/09
• Public Comment Period Ends: 2/17/09
• Third Civil Rules Hearing: 2/2/09
• Second Civil Rules Hearing: 1/14/09
• Standing Committee Meeting: January 2009
• Quick Links: Available Now
• Interim Rule 1007-I and Bankruptcy Form 22A: Effective 12/19/08
• Congressional Action: Developments in the 110th Congress
• Congressional Action: Rules Effective 12/1/2008
• Podcasts of Select Rules Proceedings: Available Now
• 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

President Signed H.R. 1626 (Time-Computation Legislation) Into Law: May 7, 2009

On May 7, 2009, the President signed H.R. 1626, which amends 28 statutory deadlines making them consistent with time-computation amendments to the Federal Rules of Appellate Procedure, Federal Rules of Bankruptcy Procedure, Federal Rules of Civil Procedure, and Federal Rules of Criminal Procedure approved by the Supreme Court on March 26, 2009. The House had approved H.R. 1626 on April 22, 2009. The Senate had approved H.R. 1626 on April 27, 2009. The effective date of the legislation is December 1, 2009, consistent with the expected effective date of the federal rules amendments.

Advisory Committee Meetings : Spring 2009 Meetings

At its April 23-24, 2009, meeting, the Advisory Committee on Evidence Rules approved a proposed amendment to Evidence Rule 804(b)(3), extending the corroborating circumstances requirement to all proffered declarations against penal interest, which was published for comment in August 2008. The advisory committee will forward its recommendation to the Committee on Rules of Practice and Procedure for consideration at its June 2009 meeting that the proposed rule amendment be transmitted to the Judicial Conference for consideration at its September 2009 session. If approved by the Judicial Conference, Supreme Court, and if Congress does not act otherwise, the proposed amendment is scheduled to take effect on December 1, 2010.

The advisory committee also approved for publication proposed restyled Evidence Rules 801-1104. (The advisory committee had earlier approved for publication proposed restyled Evidence Rules 101-706.) 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 will recommend to the Standing Committee that all the style amendments be published for comment in summer 2009. If approved, the proposed amendments will be posted at http://www.uscourts.gov/rules/newrules1.htm.

Agenda materials for the meeting are posted at http://www.uscourts.gov/rules/Agenda_Books.htm.

Criminal Rules Committee Held Public Hearing and
Approved Proposed Rules Amendments

At its April 6-7, 2009, meeting, the Advisory Committee on Criminal Rules held a public hearing on proposed amendments to Criminal Rules 5, 12.3, 15, 21, and 32.1, which were published for comment in August 2008. An audio recording of the hearing ("podcast"), a list of witnesses appearing at the hearing, and statements of the witnesses are posted at http://www.uscourts.gov/rules/podcast.cfm. A transcript of the hearing is also posted at http://www.uscourts.gov/rules/proposed0809.html.

Following the hearing, the advisory committee approved the proposed amendments to Criminal Rules 12.3, 15, 21, and 32.1, but declined to approve the proposed amendment to Criminal Rule 5. The advisory committee will forward its recommendation to the Committee on Rules of Practice and Procedure for consideration at its June 2009 meeting that the proposed rules amendments be transmitted to the Judicial Conference for consideration at its September 2009 session. If approved by the Judicial Conference, Supreme Court, and if Congress does not act otherwise, the proposed amendments will take effect on December 1, 2010.

The advisory committee also approved the recommendations of its Subcommittee on Technology and approved for publication proposed amendments to Criminal Rule 1, 3, 4, 9, 32.1, 40, 41, 43, and 49, which incorporate emerging technology into the Criminal Rules. The advisory committee also approved for publication proposed amendments to Criminal Rules 12 (requiring that any motion challenging the sufficiency of an indictment be made pre-trial) and 34 (conforming amendment to Criminal Rule 12). The advisory committee will recommend to the Standing Committee that the amendments be published for comment in summer 2009. If approved, the proposed amendments will be posted at http://www.uscourts.gov/rules/newrules1.htm.

Agenda materials for the meeting are posted at http://www.uscourts.gov/rules/Agenda_Books.htm.

Bankruptcy Rules Committee Approved Proposed Rules and Forms Amendments

At its March 26-27, 2009, meeting, the Advisory Committee on Bankruptcy Rules approved without modification proposed amendments to Bankruptcy Rules 1007, 1014, 1015, 1018, 1019, 5009, 9001, and new Rule 5012, which were published for comment in August 2008. The advisory committee approved, with slight modifications, proposed amendments to Bankruptcy Rules 4004 and 7001. (The advisory committee withheld proposed new Bankruptcy Rule 1004.2 because it expects to recommend that an additional amendment to the new rule be published for public comment in August 2009.) The advisory committee will forward its recommendation to the Committee on Rules of Practice and Procedure for consideration at its June 2009 meeting that the proposed rules amendments and new rule be transmitted to the Judicial Conference for consideration at its September 2009 session. If approved by the Judicial Conference, Supreme Court, and if Congress does not act otherwise, the proposed amendments and new rule are scheduled to take effect on December 1, 2010.

The advisory also approved a conforming amendment to Official Bankruptcy Form 23, which is expected to take effect on December 1, 2010, concurrent with the anticipated effective date of the proposed amendment to Bankruptcy Rule 1007. Also approved was an amendment to Bankruptcy Rule 4001— with an expected effective date of December 2010 — making it consistent with similar time computation rules amendments scheduled to take effect in December 2009.

The advisory committee also approved for publication proposed amendments to Bankruptcy Rules 2003, 2019, 3001, 4004, new Bankruptcy Rules 1004.2 and 3002.1, and revisions to Official Bankruptcy Forms 22A, 22B, and 22C. The advisory committee will recommend to the Standing Committee that the amendments be published for comment in summer 2009. If approved, the proposed amendments will be posted at http://www.uscourts.gov/rules/newrules1.htm.

Finally, the advisory committee endorsed the work of its Subcommittee on Privacy, Public Access, and Appeals on amending the Part VIII rules of the Federal Rules of Bankruptcy Procedure governing bankruptcy appeals. The next special open meeting of the subcommittee is scheduled for September 30, 2009, in conjunction with the advisory committee’s October 1-2, 2009, meeting.

Agenda materials for the meeting are posted at http://www.uscourts.gov/rules/Agenda_Books.htm.

Supreme Court Approved Rules : New Rules and Amendments Approved 3/26/09

On March 26, 2009, the Supreme Court of the United States approved the following proposed amendments on the computation of time under the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure:

• 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 Supreme Court 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;
• 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 rules amendments will be transmitted to Congress in accordance with the Rules Enabling Act , and will take effect on December 1, 2009, unless Congress enacts legislation to reject, modify, or defer the amendments. The amendments may be accessed at http://www.uscourts.gov/rules/supct0309.html.

Judicial Conference Action : March 2009 Session

On March 17, 2009, 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/ST01-2009.pdf. The report may also be found on this page, http://www.uscourts.gov/rules/reports.htm.

Public Comment Period Ends: Rules Published August 2008

The public comment period ended on February 17, 2009, for the following proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure, and the Federal Rules of Evidence, which were published for comment in August 2008:

•Appellate Rules 1 and 29, and Appellate Form 4;
•Bankruptcy Rules 1007, 1014, 1015, 1018, 1019, 4004, 5009, 7001, and 9001, and New Rules 1004.2 and 5012;
•Civil Rules 26 and 56;
•Criminal Rules 5, 12.3, 15, 21, and 32.1; and
•Evidence Rule 804 (publication of proposed Restyled Evidence Rules 101-415 was deferred until the entire restyled Federal Rules of Evidence has been approved for publication).

The text of the proposed amendments and explanatory committee notes are contained in the advisory committee reports posted at: http://www.uscourts.gov/rules/proposed0810.html

The comments submitted on the amendments, audio recordings of the public hearings, transcripts of the public hearings, and other information are posted at: http://www.uscourts.gov/rules/proposed0809.html

Third Civil Rules Hearing: 2/2/09

On February 2, 2009, the Advisory Committee on Civil Rules held its third public hearing on proposed amendments to Federal Rules of Civil Procedure 26 and 56. Audio recordings of the hearing are posted at http://www.uscourts.gov/rules/podcast.cfm.

You may listen to the hearing by clicking on the individual links or you may subscribe for free to receive future podcasts of select Rules Committee proceedings.

Second Civil Rules Hearing: 1/14/09

On January 14, 2009, the Advisory Committee on Civil Rules held its second public hearing on proposed amendments to Federal Rules of Civil Procedure 26 and 56. Audio recordings of the hearing are posted at http://www.uscourts.gov/rules/podcast.cfm. You may listen to the hearing by clicking on the individual links or you may subscribe for free to receive future podcasts of select Rules Committee proceedings, including the third and final public hearing on proposed amendments to Civil Rules 26 and 56.

Standing Rules Committee Approved Proposed Rules Amendments: January 2009

At its January 12-13, 2009, meeting, the Committee on Rules of Practice and Procedure adopted the recommendations of the Advisory Committees on Bankruptcy and Evidence Rules and approved publishing for public comment the following proposed rules amendments:

• Bankruptcy Rule 6003 (the proposed amendment would clarify that the requirement of a 21-day waiting period before a bankruptcy court can enter certain orders at the beginning of a case – including an order approving employment of counsel – does not prevent the court from specifying that the order is effective on an earlier date. The proposed amendment also makes clear that the rule restricts only the issuance of orders granting the specified relief, and not the entry of all orders that may relate in some way to the specified motions or applications); and

• Restyled Evidence Rules 501-706 (restyled Evidence Rules 101-415 were approved for publication in June 2008. Publication of restyled Rules 501-706 will be deferred until entire Federal Rules of Evidence has been approved for publication).

The proposed amendment to Bankruptcy Rule 6003, which is expected to be published in August 2009, will be posted at http://www.uscourts.gov/rules/newrules1.htm. The agenda materials for this meeting are posted at http://www.uscourts.gov/rules/Agenda_Books.htm.

"Quick Links" of Frequently Used Rules Committee Records: Available Now

We have created a new feature on the Federal Rulemaking web site called "Quick Links." This new feature contains links to frequently used Rules Committee records and information. The purpose of "Quick Links" is to gather in one place these links for faster, more efficient access.

Our "Quick Links" are divided into two categories: (1) links relating to the Federal Rules, including current rules and forms in effect, proposed rules amendments that take effect in the future, and comments received on proposed rules amendments; and (2) links relating to the Rules Committees, such as the committee reports, committee minutes, committee agenda materials, and schedule of upcoming committee meetings and hearings.

We have posted the "Quick Links" for the Bankruptcy Rules at http://www.uscourts.gov/rules/bkrules.html. We will soon add similar links for the remaining Federal Rules of Practice, Procedure, and Evidence.

New Interim Bankruptcy Rule 1007-I and Revised Official Form 22A: Effective December 19, 2008

On November 18, 2008, the Executive Committee on behalf of the Judicial Conference approved technical amendments to Official Bankruptcy Form 22A and the transmission of new Interim Rule 1007-I to the district courts with a recommendation that it be adopted through local rule or standing order to implement the National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438. (The Act excludes certain members of the National Guard and Reserves from means testing in chapter 7 bankruptcy cases, which are commenced in the three-year period beginning December 19, 2008.)

The Interim Rule and the amended form can be found at http://www.uscourts.gov/bankform/index.html.

Congressional Action: Developments in the 110th Congress

A report summarizing legislative action affecting the Federal Rules of Practice, Procedure, and Evidence taken during the second session of the 110th Congress is now posted. The report is posted on the "Legislation" page and may be accessed by clicking on this link, http://www.uscourts.gov/rules/Legislative_Report_Jan_2009.pdf.

Congressional Action: Rules Effective 12/1/08

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.

"Podcasts" of Select Rules Committee Proceedings: Available Now

We are posting "podcasts" of select rules committee proceedings, starting with the November 17, 2008, public hearing on proposed amendments to Federal Rules of Civil Procedure 26 and 56. The podcasts will be posted at http://www.uscourts.gov/rules/podcast.cfm. You may also click on the icon on the home page.

Advisory Rules Committees Actions: Fall 2008 Meetings

Civil Rules Committee Held Public Hearing on Proposed Amendments to Rules 26 and 56

At its November 17-18, 2008, meeting, the Advisory Committee on Civil Rules held a public hearing on proposed amendments to Federal Rules of Civil Procedure 26 and 56. A list of witnesses appearing at the hearing are posted at http://www.uscourts.gov/rules/CV_Witness_List_DC_111708.pdf. Comments and written testimony are also posted at: http://www.uscourts.gov/rules/2008_Civil_Rules_Comments_Chart.htm.

Finally, audio recordings or "podcasts" of the proceeding are posted at http://www.uscourts.gov/rules/podcast.cfm. The agenda materials for the meeting are posted at: http://www.uscourts.gov/rules/Agenda Books/CV2008-11.pdf

Appellate Rules Committee Approved Proposed Rule Amendment

At its November 13-14, 2008, meeting, the Advisory Committee on Appellate Rules approved a proposed amendment to Appellate Rule 40(a)(1), extending the deadline for filing a petition for panel rehearing when a federal employee is a party. The Department of Justice withdrew its proposal to amend Appellate Rule 4(a)(1)(B), which would have granted a federal employee an extended time to file a notice of appeal. The advisory committee also resolved to recommend to the Standing Committee that appropriate steps be taken to urge compliance with Federal Rule of Civil Procedure 58. The agenda materials for the meeting are posted at: http://www.uscourts.gov/rules/Agenda Books/AP2008-11.pdf

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 9024, 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.