Saturday, August 23, 2014

More FRCP Amendments Published for Comment

Does the Advisory Committee on Civil Rules ever sleep?  A new round of proposed amendments to the Federal Rules of Civil Procedure has been published for comment.  These, however, appear to be housekeeping measures, not significant changes to the rules like the currently pending bunch, which go to the Judicial Conference next month.

The three proposed amendments:


Rule 4. Summons * * *
(m) Time Limit for Service. * * * This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1) * * *.

Explanation: "The Committee recommends publication of a clarifying amendment to ensure that service abroad on a corporation is excluded from the time for service set by Rule 4(m)."


Rule 6. Computing and Extending Time; Time for Motion Papers * * *
(d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served1 and service is made under Rule 5(b)(2)(C)(mail), (D)(leaving with the clerk), (E), or (F)(other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).

Committee Note:

Rule 6(d) is amended to remove service by electronic means under Rule 5(b)(2)(E) from the modes of service that allow 3 added days to act after being served.


82. Jurisdiction and Venue Unaffected
These rules do not extend or limit the jurisdiction of the district courts or the venue of actions in those courts. An admiralty or maritime claim under Rule 9(h) is governed by 28 U.S.C. § 1390 not a civil action for purposes of 28 U.S.C. §§ 1391-1392.

Committee Note:

Rule 82 is amended to reflect the enactment of 28 U.S.C. § 1390 and the repeal of § 1392.

Comments are due by February 17, 2015.  Hearings on the civil rules will be held in Washington, D.C., on October 31, 2014, and in Phoenix, Arizona, on January 9, 2015.

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