Federal Rulemaking

Welcome to the federal judiciary's web site on the federal rules of practice, procedure, and evidence. This site provides access to the national and local rules currently in effect in the federal courts, as well as background information on the federal rules and the rulemaking process. All proposed amendments to the rules are posted for your review and comment. You may use the site to submit comments on amendments or to suggest other changes in the rules.

What's New

• Judicial Conference Action: September 2004 Session
• Advisory Rules Committees Actions: Fall 2004 Meetings
• Proposed Amendments Published for Public Comment: 8/9/04
• Standing Committee Action: June 2004 Meeting
• Supreme Court Action: Rules Approved 4/26/04
• Advisory Rules Committees Actions: Spring 2004 Meetings
• Judicial Conference Action: March 2004 Session
• Standing Committee Action: January 2004 Meeting
• Congressional Action: Rules Effective 12/1/03

Judicial Conference Action : September 2004 Session

The Judicial Conference met on September 21, 2004, and approved the recommendations of the Committee on Rules of Practice and Procedure and approved the following proposed amendments to the rules and forms:

• Appellate Rules 4, 26, 27, 28, 32, 34, 35, 45, and new Rule 28.1;
• Bankruptcy Rules 1007, 3004, 3005, 4008, 7004, and 9006, and Official Forms 6G, 16D, and 17
• Civil Rules 6, 27, and 45, and Supplemental Rules B and C; and
• Criminal Rules 12.2, 29, 32, 32.1, 33, 34, 45, and new Rule 59.

The proposed amendments—except the official forms—will be transmitted to the Supreme Court with a recommendation that they be approved. The amendments may be accessed by clicking on the "Pending Rules Amendments Awaiting Final Action" link located in the upper left-hand corner of the screen.

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Advisory Rules Committees Actions : Fall 2004 Meetings

Bankruptcy Rules Committee Approved for Publication Proposed Amendments to Bankruptcy Rules 1014, 3007, 5005, and 7007.1; Approved in Concept Proposed Amendments to Bankruptcy Rules 3007, 6006, and new Privacy Rule; Considered Other Proposals

At its September 9-10, 2004, meeting, the Advisory Committee on Bankruptcy Rules approved for publication proposed amendments to Bankruptcy Rules 1014 (state explicitly that courts have the authority to dismiss or transfer cases on their own motion); 3007 (clarify the procedure when an objection to a claim is joined with an adversary proceeding); 5005 (recognize that advances in technology have led courts to adopt local rules which make electronic filing of documents mandatory); and 7007.1(b) (technical amendment correcting cross-reference). The proposed amendment to Rule 1014 was requested by the Joint Subcommittee on Venue and Mega Cases. The Advisory Committee also approved in principle the Joint Subcommittee's proposed amendments to Bankruptcy Rules 3007 and 6006 (address omnibus objections to claims and omnibus motions to assume, assign, or reject executory contracts and unexpired leases). The proposed amendment to Rule 5005 was requested by the Judicial Conference Committee on Court Administration and Case Management.

The Advisory Committee also agreed to consider, on an expedited basis, comments on proposed amendments to Bankruptcy Rules 2002(g) and 9001 (allow a creditor to register a central address for the purpose of receiving notices), and Bankruptcy Rule 9036 (delete the requirement that notice sent electronically is complete only upon confirmation to the sender that notice was received). If approved by the Standing Committee, Judicial Conference, and Supreme Court—and if Congress takes no action—the proposed amendments will become effective on December 1, 2005.

Finally, the Advisory Committee approved in principle a proposed new rule protecting the privacy and security concerns relating to electronic filing and the public availability of documents filed electronically as required by the E-Government Act of 2002 (Pub. L. 107-347).

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Proposed Amendments Published for Public Comment: August 9, 2004

At its January and June 2004 meetings, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committees on Bankruptcy, Civil, Criminal, and Evidence Rules and approved for publication the following proposed rules amendments and forms:

• Bankruptcy Rules 1009, 2002, 4002, 5005, 7004, 9001, 9036, and Schedule I of Official Form 6;
• Civil Rules 16, 26, 33, 34, 37, 45, 50, Supplemental Rules A, C, and E, and a new Supplemental Rule G, and revisions to Form 35;
• Criminal Rules 5, 32.1, 40, 41, and 58; and
• Evidence Rules 404, 408, 606, and 609.

The proposed amendments and forms may be accessed by clicking on the link titled "Proposed Rules Amendments Published for Comment" in the upper left-hand corner of the screen. The public comment period for the proposed amendments and forms will end on February 15, 2005.

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Standing Committee Action: June 2004 Meeting

At its June 17-18, 2004, meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules and approved the following proposed rules and forms amendments:

• Appellate Rules 4, 26, 27, 28, 32, 34, 35, 45, and new Rule 28.1;
• Bankruptcy Rules 1007, 3004, 3005, 4008, 7004, and 9006, and Official Forms 6G, 16D, and 17
• Civil Rules 6, 27, and 45, and Supplemental Rules B and C; and
• Criminal Rules 12.2, 29, 32, 32.1, 33, 34, 45, and new Rule 59.

(The Committee took no action on proposed new Appellate Rule 32.1. The Committee referred the proposal back to the Advisory Committee on Appellate Rules for further study and consideration.)

The Committee will now transmit the proposed amendments to the Judicial Conference, with a recommendation that they be approved at the Conference's September 2004 session and transmitted to the Supreme Court (except Official Bankruptcy Forms 6G, 16D, and 17). The proposed amendments will be available shortly.

The Committee on Rules of Practice and Procedure also approved the recommendations of the Advisory Committees on Bankruptcy, Civil, Criminal, and Evidence Rules and approved for publication the following proposed rules amendments and forms:

• Bankruptcy Rules 1009, 2002, 4002, 7004, 9001, and Schedule I of Official Form 6;
• Civil Rules 16, 26, 33, 34, 37, 45, 50; Supplemental Rules A, C, and E, and a new Supplemental Rule G; Form 35; Restyle Civil Rules 38-63, except 45 (the Committee had earlier approved for publication proposed style revisions to Civil Rules 1 through 37 and 45); and style-substance amendments to Civil Rules 4, 9, 11, 14, 16, 26, 30, 31, 36, and 40;
• Criminal Rules 5, 32.1, 40, 41, and 58; and
• Evidence Rules 404, 408, 606, and 609.

The proposed amendments and form—with the exception of the restyle Civil Rules 38-63 and style-substance amendments to Civil Rules 4, 9, 11, 14, 16, 26, 30, 31, 36, and 40—will be published in August 2004. The public comment period for the proposed amendments and form will end in February 2005.

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Supreme Court Action: Rules Approved 4/26/04

Supreme Court Action: Rules Approved 4/26/04

On April 26, 2004, the Supreme Court of the United States approved the following amendments to the Federal Rules of Bankruptcy and Criminal Procedure (including the rules and forms pertaining to 28 U.S.C. §§ 2254 and 2255):

• Bankruptcy Rules 1011, 2002, and 9014;
• Criminal Rule 35; Rules Governing Section 2254 Cases in the United States District Courts; Rules Governing Section 2255 Cases in the United States District Courts; and the official forms accompanying the section 2254 and section 2255 rules;

The amendments have been transmitted to Congress and will take effect on December 1, 2004, unless Congress enacts legislation to reject, modify, or defer the amendments. The amendments may be accessed by clicking on the "Pending Rules Amendments Awaiting Final Action" link located in the upper left-hand corner of the screen. (The Supreme Court returned the proposed amendment to Evidence Rule 804 without taking any action on it.)

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Advisory Rules Committees Actions: Spring 2004 Meetings

Criminal Rules Committee Approves Proposed Amendments

At its May 6-7, 2004, meeting, the Advisory Committee on Criminal Rules reviewed comments submitted on the proposed amendments published for public comment in August 2003. The Advisory Committee approved proposed amendments to Criminal Rule 12.2 (sanction for defense failure to disclose information); Criminal Rules 29, 33, 34, and 45 (motions to extend times for filing motions under those rules); Criminal Rule 32 (victim allocution at sentencing); Criminal Rule 32.1 (defendant's right of allocution when revoking or modifying probation or supervised release); and new Criminal Rule 59 (counterpart to Civil Rule 72). The Advisory Committee will transmit the proposed amendments to the Committee on Rules of Practice and Procedure, with a recommendation that they be approved and transmitted to the Judicial Conference for consideration.

The Advisory Committee also approved for publication proposed amendments to Criminal Rules 32.1(a)(6) and 40(a) (setting conditions for release on bond); 32.1(a)(5)(B) (eliminating requirement for production of certified copies of judgment, warrant, and warrant application); 58(b)(2)(G) and 5(c)(3) (technical amendments); and 41(d) (electronic transmission of search warrant). The Advisory Committee will now transmit the proposed amendments to the Committee on Rules of Practice and Procedure, with a recommendation that they be published for public comment in August 2004.

The Advisory Committee also considered a proposed new rule governing privacy and security concerns arising from public access to electronic court records in accordance with the E-Government Act of 2002 (Pub. L. 107-347).

Evidence Rules Committee Approves Proposed Amendments to Evidence Rules 404(a), 408, 606(b), and 609(a)

At its April 29-30, 2004, meeting, the Advisory Committee on Evidence Rules approved publishing for public comment proposed amendments to Evidence Rule 404(a) (prohibiting the circumstantial use of character evidence in civil cases), Evidence Rule 408 (admissibility of evidence pertaining to compromise and settlement), Evidence Rule 606(b) (admissibility of juror testimony to correct errors in the verdict), and Evidence Rule 609(a) (impeaching witness using evidence of a criminal conviction regarding dishonesty or false statement). The Advisory Committee will now transmit the proposed amendments to the Committee on Rules of Practice and Procedure, with a recommendation that they be published for public comment in August 2004.

Civil Rules Committee Approves Proposed Amendments

At its April 15-16, 2004, meeting, the Advisory Committee on Civil Rules approved proposed amendments to Civil Rules 6(e) (clarifies the method for counting the additional three days), 27(a)(2) (corrects outdated cross-reference), and 45 (notifies a witness of the manner for recording the deposition), and Rules B and C of the Supplemental Rules for Certain Admiralty and Maritime Claims (fixes the time for determining whether a defendant is "found" in the district when the complaint is filed and technical amendments, respectively). The Advisory Committee will transmit the proposed amendments to the Committee on Rules of Practice and Procedure, with a recommendation that they be approved and transmitted to the Judicial Conference for consideration. The Advisory Committee continues to study proposed new Civil Rule 5.1 (constitutional challenge to a statute) and amendments to Civil Rule 24(c) (conforming amendments).

The Advisory Committee also approved for publication proposed amendments to Civil Rules 16, 26, 33, 34, 37, and 45 dealing with the discovery of electronically stored information; new Rule G, Supplemental Rules for Certain Admiralty and Maritime Claims (civil forfeiture) and Supplemental Rules A, C, and E, and Civil Rule 26(a)(1)(E)(ii) (conforming amendments); restyled Civil Rules 38-63 (except 45, which was approved for publication earlier); and Civil Rule 50(b) (renewing a motion for judgment as a matter of law after trial). The Advisory Committee will now transmit the proposed new rule and amendments to the Committee on Rules of Practice and Procedure, with a recommendation that they be published for public comment in August 2004.

The Advisory Committee also considered a proposed new rule governing privacy and security concerns arising from public access to electronic court records in accordance with the E-Government Act of 2002 (Pub. L. 107-347).

Lastly, the Advisory Committee considered reports from the Federal Judicial Center on sealed settlement agreements and class action litigation.

Appellate Rules Committee Approves Proposed Rules and Amendments Published for Comment in August 2003

On April 13, 2004, the Advisory Committee on Appellate Rules held a hearing on the proposed rules and amendments published for comment in August 2003. The Advisory Committee thereafter met on April 13-14, 2004, to consider the published proposals. The Advisory Committee approved, without modification, proposed amendments to Appellate Rules 26(a)(4) and 45(a)(2) (replace "Presidents' Day" with "Washington's Birthday"); proposed new Appellate Rule 27(d)(1)(E) (apply typeface and type-style limitations to motions); proposed amendments to Appellate Rules 28(c), 28(h), 32(a)(7)(C), and 34(d), and proposed new Appellate Rule 28.1 (cross-appeals); proposed new Appellate Rule 32.1 (citation of unpublished opinions); and proposed amendments to Appellate Rule 35(a) (en banc determination). The Advisory Committee approved, with minor modification, proposed amendments to Appellate Rule 4(a)(6) (clarify conditions for reopening time to appeal a district court's judgment or order). The Advisory Committee will transmit the proposed rules and amendments to the Committee on Rules of Practice and Procedure, with a recommendation that they be approved and transmitted to the Judicial Conference for consideration.

The Advisory Committee also approved for publication proposed amendments to Appellate Rules 4(a)(1)(B) and 40(a)(1) (clarify time period for filing a notice of appeal or petition for rehearing when a United States officer or employer is sued in an individual capacity for acts or omissions committed in the performance of official duties).

Bankruptcy Rules Committee Approves Proposed Amendments

At its March 25-26, 2004, meeting, the Advisory Committee on Bankruptcy Rules approved for adoption amendments to Bankruptcy Rules 1007, 3004, 3005, 4008, 7004, and 9006. The proposed amendment to Rule 1007 would require that the debtor file a list containing the name and address of each person included or to be included on Schedules D, E, F, G, and H of Official Form 6. The proposed amendments to Rules 3004 and 3005 would delete the provisions that authorize the debtor, trustee, guarantor, or other co-debtor to file a proof of claim for a creditor prior to the creditor's claim-filing deadline. The proposed amendment to Rule 4008 would require that reaffirmation agreements be filed within 30 days after the entry of an order granting a discharge. The proposed amendment to Rule 7004 would specifically authorize the electronic issuance of a summons. The proposed amendment to Rule 9006 would track the proposed amendment to Civil Rule 6 which clarifies the method of counting the number of days to respond after service by specifying that three days are added after the prescribed period would otherwise expire. The Advisory Committee also approved for adoption (without publication) technical amendments to Official Bankruptcy Forms 16D and 17 (related to the bankruptcy privacy amendments which took effect December 1, 2003) and an amendment to Schedule G of Official Bankruptcy Form 6 (needed because of the proposed amendment to Rule 1007).

The Advisory Committee also approved for publication and comment proposed amendments to Bankruptcy Rules 1009 (would require that the debtor submit a corrected statement of social security number when the debtor becomes aware of an error in a statement previously submitted to the court), 2002 and 9001 (would permit a creditor to agree with an approved notice provider to receive notices at the creditor's preferred address), 4002 (would require that the debtor bring personal identification and certain financial documents to the meeting of creditors), 7004 (would permit the debtor's attorney to be served in any manner agreed to under Civil Rule 5(b)(2)(D)), and Schedule I of Official Bankruptcy Form 6 (would require married debtors to include the income of their non-filing spouses in chapter 7 cases).

The Advisory Committee also considered proposed amendments to Bankruptcy Rules 2016 (would require additional disclosure by debtor's counsel), 3007 (would clarify the procedure when an objection to a claim is joined with a demand for relief of the kind specified in Rule 7001), 7001 (would allow certain objections to discharge to be brought by motion), and 7023 (related to the December 1, 2003, amendment of Civil Rule 23) and Official Bankruptcy Form 10. The proposed amendment to Rule 2016 was tabled and the proposed amendment to Rule 7001 was disapproved. The proposed amendments to Rules 3007 and 7023, and Official Form 10 were referred to the Subcommittee on Attorney Conduct and Health Care, the Subcommittee on Business Issues, and the Subcommittee on Forms, respectively.

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Judicial Conference Action: March 2004 Session

The Judicial Conference met on March 16, 2004. The Committee on Rules of Practice and Procedure presented informational items for the Conference's consideration. The Committee did not present any proposed rule amendments for Conference action.

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Standing Committee Action: January 2004 Meeting

At its January 15-16, 2004, meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committees on Bankruptcy and Civil Rules and approved publishing for public comment the following proposed rules amendments:

• Bankruptcy Rules 5005(c) and 9036; and
• Style Civil Rules 16-37 and 45 (the Committee had approved for publication proposed style revisions to Civil Rules 1 through 15 in June 2003.)

Also at its January 15-16, 2004, meeting, the Committee on Rules of Practice and Procedure approved the revised local rules project report.

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Congressional Action: Rules Effective 12/1/03

The 108th Congress adjourned without taking any action on the amendments to the Federal Rules of Appellate, Bankruptcy, and Civil Procedure, and the Federal Rules of Evidence, approved by the Supreme Court on March 27, 2003. Accordingly, the following amendments to the rules took effect on December 1, 2003:

• Appellate Rules: Official Forms 1, 2, 3, and 5;
• Bankruptcy Rules 1005, 1007, 2002, 2003, 2009, and 2016, and new Rule 7007.1;
• Civil Rules 23, 51, 53, 54, 71A, and Forms 19, 31, and 32; and
• Evidence Rule 608(b)

The amendments may be accessed by clicking on the "Past Rules Amendments" link located in the upper left-hand corner of the screen.

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Revised: September 22, 2004