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Materials About the Federal Rules

The materials listed below, produced or made available by the Center, are related to the Federal Rules of Procedure (civil, criminal, evidence, appellate, and bankruptcy).

For a list of projects or other reports of FJC research that the Center has published, click on Research Projects or Reports and Studies.

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Amendments to the Federal Rules of Practice and Procedure 2021—Transmittal to the Judicial Conference

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2021.

  • Amendments to Federal Rules of Appellate Procedure 3 and 6 and Forms 1 and 2
  • Amendments to Federal Rules of Bankruptcy Procedure 2005, 3007, 7007.1, and 9036

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 3, Fed. R. App. P. 6, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2005, Fed. R. Bankr. P. 3007, Fed. R. Bankr. P. 7007.1, Fed. R. Bankr. P. 9036 July 29, 2020
How Rules of Procedure Are Developed and Revised in the U.S. Courts Federal Rules of Practice and Procedure June 26, 2020
Amendments to the Federal Rules of Practice and Procedure 2020—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 23, 2019, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2020.

This contains proposed amendments to Federal Rules of Appellate Procedure 35 and 40; Federal Rules of Bankruptcy Procedure 2002, 2004, 8012, 8013, 8015, and 8021; Federal Rule of Civil Procedure 30(b)(6); and Federal Rule of Evidence 404.

Additional information about these amendments is available at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 35, Fed. R. App. P. 40, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2002, Fed. R. Bankr. P. 2004, Fed. R. Bankr. P. 8012, Fed. R. Bankr. P. 8013, Fed. R. Bankr. P. 8015, Fed. R. Bankr. P. 8021, Federal Rules of Civil Procedure, Fed. R. Civil P. 30, Federal Rules of Evidence, Fed. R. Evid. 404 April 9, 2020
Amendments to the Federal Rules of Practice and Procedure 2020—Transmittal to the Judicial Conference

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2020.

  • Amendments to Federal Rules of Appellate Procedure 35 and 40
  • Amendments to Federal Rules of Bankruptcy Procedure 2002, 2004, 8012, 8013, 8015, and 8021 and Form 122A-1
  • Amendments to Federal Rule of Civil Procedure 30(b)(6)
  • Amendments to Federal Rule of Evidence 404

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 35, Fed. R. App. P. 40, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2002, Fed. R. Bankr. P. 2004, Fed. R. Bankr. P. 8012, Fed. R. Bankr. P. 8013, Fed. R. Bankr. P. 8015, Fed. R. Bankr. P. 8021, Federal Rules of Civil Procedure, Fed. R. Civil P. 30, Federal Rules of Evidence, Fed. R. Evid. 404 April 9, 2020
Amendments to the Federal Rules of Practice and Procedure: Evidence 2019—The Residual Hearsay Exception

In 2019, the residual hearsay exception, Federal Rules of Evidence 807, was amended to fix a number of problems that courts had encountered applying the rule. Hearsay is generally not admissible evidence because the speaker is not subject to examination or cross-examination to determine accuracy or truthfulness. But there are several enumerated exceptions to the general rule, as well as a residual exception for hearsay that does not satisfy an enumerated exception, but that has "sufficient guarantees of trustworthiness." Amendments include a required consideration of corroboration and changes to the notice requirements.

 Federal Rules of Practice and Procedure, Federal Rules of Evidence, Fed. R. Evid. 607, Fed. R. Evid. 902 January 7, 2020
Amendments to the Federal Rules of Practice and Procedure 2019—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 24, 2018, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2019.

This contains proposed amendments to Federal Rules of Appellate Procedure 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39; Federal Rules of Bankruptcy Procedure 4001, 6007, 9036, and 9037; Federal Rules of Criminal Procedure 5 of the rules governing habeas corpus proceedings; and Federal Rule of Evidence 807; and proposed new Federal Rule of Criminal Procedure 16.1.

Additional information about these amendments is available at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 13, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 26.1, Fed. R. App. P. 28, Fed. R. App. P. 3, Fed. R. App. P. 32, Fed. R. App. P. 39, Fed. R. App. P. 5, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 4001, Fed. R. Bankr. P. 6007, Fed. R. Bankr. P. 9036, Fed. R. Bankr. P. 9037, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16.1, Federal Rules of Evidence, Fed. R. Evid. 807 May 2, 2019
Amendments to the Federal Rules of Practice and Procedure 2019—Transmittal to the Judicial Conference

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2019.

  • Amendments to Federal Rules of Appellate Procedure 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39.
  • Amendments to Federal Rules of Bankruptcy Procedure 4001, 6007, 9036, and 9037.
  • New Federal Rule of Criminal Procedure 16.1 and amendments to Rules 5 of rules governing habeas corpus proceedings.
  • Amendments to Federal Rules of Evidence 807.

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 13, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 26.1, Fed. R. App. P. 28, Fed. R. App. P. 3, Fed. R. App. P. 32, Fed. R. App. P. 39, Fed. R. App. P. 5, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 4001, Fed. R. Bankr. P. 6007, Fed. R. Bankr. P. 9036, Fed. R. Bankr. P. 9037, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16.1, Federal Rules of Evidence, Fed. R. Evid. 807 May 2, 2019
Amendments to the Federal Rules of Practice and Procedure 2019—Transmittal to Congress

This package of materials was transmitted to Congress on April 25, 2019, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2019.

Amendments to the Federal Rules of Practice and Procedure are as follows:

  • Amendments to Federal Rules of Appellate Procedure 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39.
  • Amendments to Federal Rules of Bankruptcy Procedure 4001, 6007, 9036, and 9037.
  • New Federal Rule of Criminal Procedure 16.1 and amendments to Rules 5 of rules governing habeas corpus proceedings.
  • Amendments to Federal Rules of Evidence 807.

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 13, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 26.1, Fed. R. App. P. 28, Fed. R. App. P. 32, Fed. R. App. P. 39, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 4001, Fed. R. Bankr. P. 6007, Fed. R. Bankr. P. 9036, Fed. R. Bankr. P. 9037, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16.1, Fed. R. Crim. P. 5, Federal Rules of Evidence, Fed. R. Evid. 807 May 2, 2019
Unsuccessful Attempt at Federal Mandamus Relief Against State Election Officials

Fox v. Detzner (Mark E. Walker, N.D. Fla. 4:18-cv-529)
A district judge denied as beyond the court’s jurisdiction a federal mandamus action seeking an order requiring state election officials to follow the law. The judge also denied a request for a temporary restraining order because the plaintiffs did not comply with the notice requirements of Federal Rule of Civil Procedure 65.
Subject: Voting procedures. Topics: Voting technology; matters for state courts; case assignment.

One of many Case Studies in Emergency Election Litigation.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 65 April 3, 2019
Mandatory Initial Discovery Pilot Project Model Standing Order

Beginning as early as May 1, 2017, some district courts are participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery reduces the cost and delay of civil litigation. In this pilot project, when making mandatory initial discovery responses parties are required to disclose both favorable and unfavorable information that is relevant to their claims or defenses regardless of whether they intend to use the information in their cases.

Participating district courts have adopted a Standing Order explaining the parties’ obligations under the pilot project and setting forth the initial discovery requests to which the parties must respond. All civil cases, except those categories of cases exempted by the Standing Order, are included in the pilot program and subject to the Standing Order.

These are some of the key requirements under the Standing Order:

  • At the Rule 26(f) conference, parties must discuss the mandatory initial discovery listed in the Standing Order and describe their discussions (including limitations invoked and disputes) in their Rule 26(f) report.
  • Parties must provide the requested information as to facts that are relevant to the parties’ claims and defenses, whether favorable or unfavorable, and regardless of whether they intend to use the information in presenting their claims and defenses. 
  • Parties must file answers, counterclaims, cross-claims, and replies within the time set forth in Rule 12(a)(1)–(3), even if they have filed or intend to file a motion to dismiss or other preliminary motion. 
  • Parties must serve their initial discovery responses by the deadlines described in the Standing Order unless modified by the court.
  • Parties must address certain issues relating to electronically stored information (ESI) and produce ESI by the deadline set in the Standing Order.
  • Pilot judges should hold initial case-management conferences within the time set in Rule 16(b)(2) and discuss the parties’ compliance with the mandatory discovery obligations.

 
Currently there are two courts participating in this pilot project:

 
A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure December 1, 2018

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