Wednesday, April 29, 2015

SCOTUS Adopts Recent Amendments to the Federal Rules of Civil Procedure

Today the Supreme Court adopted the recent batch of proposed amendments to the Federal Rules of Civil Procedure. Here is the order setting forth the amendments and submitting them to the House and Senate.

Absent congressional action, these amendments will become effective Dec. 1, 2015.

Note that today's order from the Court does not include a "redline" of the new changes or the committee notes that accompany them. Here are the redline and notes that were included in the Standing Committee report:

Download FRCP Amendments - Redline & Committee Notes

UPDATE: Valerie N (see comments below) reports that the Court has asked for two changes to the advisory committee notes. The entire package of materials--including the final version of the committee notes--is now available here

 

 

 

https://lawprofessors.typepad.com/civpro/2015/04/scotus-adopts-recent-amendments-to-the-federal-rules-of-civil-procedure.html

Federal Courts, Federal Rules of Civil Procedure | Permalink

Comments

Just a quick note that the Supreme Court actually asked for two changes to the Committee Notes, which are not reflected in the draft you link to: the notes to Rule 4(m) were changed to deleted the "for good cause" language, a good change because while courts must extend the time when good cause is shown, they still have discretion to extend the time for service in the absence of good cause (in most circuits, not the 4th Circuit); The notes to the abrogation of Rule 84 and the forms were amended to say that the abrogation of the forms didn't alter pleading requirements.

Posted by: Valerie N | Apr 30, 2015 8:29:37 AM

Could you kindly fix the link to "HERE" in "The entire package of materials--including the final version of the committee notes--is now available HERE"?

Posted by: Link | Jun 5, 2015 4:12:11 PM

Link rot is everywhere--can't control when uscourts.gov changes all of its links. But I've updated it on the post, and here's a permanent link to the document housed on this blog: http://lawprofessors.typepad.com/files/frcp-amendments-2015-04-29-transmittal-to-congress.pdf

Posted by: Adam | Jun 5, 2015 6:22:13 PM

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