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Category Archives: FEDERAL RULES AMENDMENTS

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Committee on Rules of Practice and Procedure (“Standing Committee”) Approves Proposed Amendments to Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

Last week, the Committee on Rules of Practice and Procedure (the “Standing Committee”) approved proposed amendments to the Federal Rules of Civil Procedure, including the “Duke Rules Package,” addressing Rules 1, 4, 16, 26, 30, 31, 33, and 34 and a rewritten version of Rule 37(e), addressing preservation.  The proposed amendments were approved with only… Continue Reading

Proposed Rule 37(e) Draft Committee Note Now Available

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

As previously discussed on this blog, proposed amendments to the Federal Rules of Civil Procedure were recently approved by the Advisory Committee on Civil Rules for submission to the Committee on Rules of Practice and Procedure (the “Standing Committee”).  At the time of approval, the Committee Note for Proposed Rule 37(e) remained “under construction.”  The… Continue Reading

Advisory Committee Approves Proposed Amendments to Civil Rules, Next Stop Standing Committee!

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES, RESOURCES

As was reported on this blog just last week, the Advisory Committee on Civil Rules met on April 10th and 11th to review proposed amendments to the Rules of Civil Procedure, including recommended changes to those proposed amendments as published for public comment.  On the first day of meetings, the Advisory Committee unanimously approved proposed… Continue Reading

Speak Now or Forever Hold Your Peace: Comment Period on Proposed Amendments to Federal Rules Closes February 15, 2014

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES, RESOURCES

As was previously reported on this blog, proposed amendments to Federal Rules of Civil Procedure 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and the Appendix of Forms were published for public comment on August 15, 2013.  Since that time, nearly 700 written comments have been submitted for consideration by… Continue Reading

Proposed Amendments to Civil (and Bankruptcy) Rules Posted for Public Comment

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

The Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure is now published online for public comment. The proposed amendments to the civil rules would affect rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84 and the Appendix of Forms. Many of the proposed amendments are quite significant, particularly with regard to discovery, and our readers are therefore encouraged to review them carefully and share their thoughts with the Advisory Committee.

Proposed Amendments to Federal Rules of Civil Procedure to be Published for Public Comment

Posted in FEDERAL RULES AMENDMENTS

At its June meeting, the Committee on Rules of Practice and Procedure (“The Standing Committee”) unanimously approved for publication and public comment proposed amendments to the Federal Rules of Civil Procedure.  The proposed amendments would affect rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37.  A proposed change to Rule 84 (namely,… Continue Reading

President Bush Signs into Law S. 2450, a Bill Adding New Rule 502 to the Federal Rules of Evidence

Posted in FEDERAL RULES AMENDMENTS

On Friday, September 19, 2008, the President signed into law S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence.  The legislation protects against the inadvertent waiver of the attorney-client privilege or the work product protection.  S. 2450 is identical to proposed Evidence Rule 502, as approved by the Judicial Conference… Continue Reading

House Passes Proposed Evidence Rule 502

Posted in FEDERAL RULES AMENDMENTS

On September 8, 2008, the House of Representatives passed without amendment S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence.  The Senate had earlier approved the bill by unanimous consent on February 27, 2008.  Having passed in identical form in both chambers, the bill now awaits the signature of… Continue Reading

Recent Amendments to Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure Require Redaction of Personal Identification Information from Documents Filed with the Court

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On December 1, 2007, the amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure that implement the E-Government Act of 2002 became effective.  The amendment to Appellate Rule 25, and new Bankruptcy Rule 9037, Civil Rule 5.2, and Criminal Rule 49.1 require that personal identification information be redacted from documents filed with… Continue Reading

Senate Passes Proposed Evidence Rule 502

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On February 27, 2008, the Senate approved by unanimous consent without amendment S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence.  The bill now goes on to be voted on in the House of Representatives.  The legislation addresses waiver of the attorney-client privilege and work product protection and is… Continue Reading

Bill Introduced to Enact Evidence Rule 502

Posted in FEDERAL RULES AMENDMENTS

On December 11, 2007, Senator Patrick Leahy, Chair of the Senate Judiciary Committee, introduced S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence.  The legislation addresses waiver of the attorney-client privilege and work product protection and is identical to proposed Evidence Rule 502, which was approved by the Judicial… Continue Reading

Judicial Conference Submits Proposed New Evidence Rule 502 to Congress for Enactment

Posted in FEDERAL RULES AMENDMENTS

On September 27, 2007, the Judicial Conference of the United States submitted proposed new Evidence Rule 502 to Congress through identical letters to the Committee on the Judiciary of the United States Senate and the Committee on the Judiciary of the United States House of Representatives.  The letters provide a description of the process that led… Continue Reading

Standing Committee Approves Proposed New Evidence Rule 502

Posted in FEDERAL RULES AMENDMENTS

At its June 11-12, 2007, meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committees on Evidence Rules and approved proposed new Evidence Rule 502 on Waiver of Attorney-Client Privilege and Work Product, among other proposed new rules and amendments.  The Committee also approved a letter to Congress accompanying… Continue Reading

Advisory Committee Modifies Proposed Evidence Rule 502 In Light of Public Comment Received, and Recommends Approval by Standing Committee

Posted in FEDERAL RULES AMENDMENTS

On May 15, 2007, the Advisory Committee on Evidence Rules issued its Report to the Standing Committee regarding its April 2007 meeting and its recommendations with respect to proposed Evidence Rule 502 on Waiver of Attorney-Client Privilege and Work Product.  (The 83-page Report is available here.)  The Report states that, at the April 2007 meeting,… Continue Reading

Evidence Rules Advisory Committee Approves Proposed New Evidence Rule 502, with Modifications

Posted in FEDERAL RULES AMENDMENTS

From the "What’s New" section of the U.S. Courts Federal Rulemaking website, regarding the actions of the various Advisory Committees this spring:  "At its April 12-13, 2007, meeting, the Advisory Committee on Evidence Rules considered public comments on proposed new Evidence Rule 502, which was published for comment in August 2006.  The advisory committee approved the… Continue Reading

Evidence Rules Advisory Committee Meets to Discuss Proposed ER 502 Today

Posted in FEDERAL RULES AMENDMENTS

The Advisory Committee on the Federal Rules of Evidence is meeting today and tomorrow in San Diego to discuss, among other things, the proposed Evidence Rule 502 on waiver of attorney-client privilege and work product.  The Committee must determine whether to recommend proposed Rule 502 to the Standing Committee for ultimate adoption by Congress.  Portions… Continue Reading

Public Hearing on Proposed FRE 502 Occurs Today in Phoenix

Posted in FEDERAL RULES AMENDMENTS

Persons interested in the proposed new federal evidence rule addressing privilege waiver will testify before the Advisory Committee on Evidence Rules today in Phoenix, Arizona. Witnesses on today’s schedule include: George L. Paul of Lewis & Roca, LLP, Phoenix Thomas Y. Allman of Mayer, Brown, Rowe & Maw, Chicago Frank Verderame of Plattner Verderame, PC,… Continue Reading

Deadline for Comments on Proposed Evidence Rule 502 is February 15, 2007; Public Hearings to Take Place In January 2007 in New York and Phoenix

Posted in FEDERAL RULES AMENDMENTS

As reported earlier, at its June 2006 meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committee on Evidence Rules, and approved publishing for public comment proposed Evidence Rule 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). The rule has now been published for public comment, and is… Continue Reading

New Evidence Rule 502 Addressing Privilege Waiver To Be Published for Public Comment in August 2006

Posted in FEDERAL RULES AMENDMENTS

At its June 22-23, 2006 meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committee on Evidence Rules, and approved publishing for public comment proposed new Evidence Rule 502. The proposed new rule “opts for the middle ground” in determining whether inadvertent disclosure is a waiver, in accord with… Continue Reading

United States Supreme Court Approves Electronic Discovery Amendments to FRCP

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On Wednesday, April 12, 2006, the United States Supreme Court approved, without comment or dissent, the entire package of proposed amendments to the Federal Rules of Civil Procedure concerning the discovery of “electronically stored information.” The package includes revisions and additions to Rules 16, 26, 33, 34, 37, and 45, as well as Form 35…. Continue Reading

Memorandum to Advisory Committee Members Provides Valuable Background on Proposed ER 502, and Responds to Comments Already Received

Posted in FEDERAL RULES AMENDMENTS

In advance of their April 24-25, 2006 meeting, members of the Advisory Committee on the Federal Rules of Evidence received a memorandum prepared by the Reporter (Daniel J. Capra, Reed Professor of Law, Fordham Law School) and Professor Kenneth S. Broun (University of North Carolina School of Law), a consultant to the Advisory Committee. The… Continue Reading