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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe federal judiciary is requesting public comment on proposed changes to numerous federal appellate, bankruptcy, civil procedure and evidence rules.
The comment period for the proposed amendments opened Aug. 15 and will remain open through Feb. 16, 2023.
In June, the Judicial Conference Committee on Rules of Practice and Procedure of the U.S. Courts approved publication of proposed amendments to a variety of rules, including:
- Appellate Rules 32, 35, 40, and Appendix on Length Limits.
- Bankruptcy Restyled Rules Parts VII to IX; Rules 1007, 4004, 5009, 7001, 9006 and proposed new Rule 8023.1.
- Official Bankruptcy Form 410A.
- Civil Rule 12.
- Evidence Rules 611, 613, 801, 804 and 1006.
A 320-page document outlines the proposed amendments.
Among the proposed appellate rule changes is the consolidation of Rule 35 into Rule 40 for the convenience of parties and their counsel, expanding Rule 40 to address both panel rehearing and en banc determination.
Proposed changes to the bankruptcy rules include a new rule concerning the substitution of parties, intended to fill a gap left by the inapplicability of Federal Rule of Appellate Procedure 43 and Federal Rule of Civil Procedure 25 to parties in bankruptcy appeals to the district court or bankruptcy appellate panel.
The recommended publication of an amendment to civil rules 12(a)(2) and (3) would recognize statutes that set a time to file a responsive pleading different than the 60-day period in the present rule.
Finally, some of the proposed changes to the evidence rules are amendments to regulate the use of illustrative aids at trial and to clarify that a summary is admissible whether or not the underlying evidence has been admitted, among other things.
Public hearings will be held on the proposals. The full schedule of hearings is available online.
Comments and supporting files must be submitted electronically using the regulations.gov portal for each respective rule. More information is available online.
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