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August 2006 -
December 2008 Amendments (Effective Dec. 1, 2008)
 Evidence
Rule 502 Approved by Congress
Amendments
Approved by Supreme Court (April
2008)(LATEST VERSION OF THE AMENDMENTS)
Amendments
Approved by Judicial Conference (September 2007)
Amendments
Approved by Standing Committee (June 2007)
Proposed
Amendments Published for Comment (August 2006)
Interim
Bankruptcy Rules and Official Forms: August
2005 (Interim Rules and Official Forms implementing the Bankruptcy
Abuse and Prevention and Consumer Protection Act of 2005)
- Bankruptcy Rules 1005, 1006, 1007, 1009, 1010,
1011, 1015, 1017, 1019, 1020, 2002, 2003, 2007.1, 2015, 3002,
3003, 3016, 3017.1, 3019, 4002, 4003, 4004, 4006, 4007, 4008,
5001, 5003, 6004, 7012, 7022, 7023.1, 8001, 8003, 9006, 9009,
and 9024, and new Bankruptcy Rules 1021, 2007.2, 2015.1, 2015.2,
2015.3, 5008, and 6011, and Official Forms 1, 3A, 3B, 4, 5,
6, 7, 9, 10, 16A, 18, 19, 21, 22A*, 22B, 22C*, 23, and 24, and
new Official Forms 25A, 25B, 25C, and 26 (new Official Forms
25A, 25B, 25C, and 26 effective December 1, 2008, to coincide
with rule amendments taking effect on same day).
-
Criminal Rules 1, 12.1, 17, 18, 32, 41, 45,
60, and 61; and
-
New Evidence Rule 502.
- Supplemental Rule C (approved at March 2007
Judicial Conference Session)
* (Official Forms 22A and 22C were withdrawn at
the request of the Bankruptcy Rules Committee in September 2007.
The forms were later revised to conform to new IRS standards. In
November 2007, the Executive Committee on behalf of the Judicial
Conference approved revisions to Official Forms 22A, 22B, and 22C,
effective January 1, 2008.)
Bankruptcy Rules and Official Forms:
Bankruptcy
Rule 1005 (Caption of Petition) (requires disclosure of all
names used by the debtor in the past eight years and last four digits
of debtor’s taxpayer-identification number) (PDF)
Bankruptcy Rule 1006
(Filing Fee) (allows courts to waive payment of filing fees or allows
debtor to pay in installments) (PDF)
Bankruptcy Rule 1007
(Lists, Schedules, Statements, and other Documents; Time Limits)
(requires debtor to file additional documents mandated under the
Act and limits extensions of time for small business debtors to
file schedules and statements. Also requires debtor filing a petition
under chapter 15 to include a list of entities with whom the debtor
is engaged in litigation) (PDF)
Bankruptcy Rule 1009
(Amendments of Voluntary Petitions, Lists, Schedules, and Statements)
(technical amendment correcting cross reference) (PDF)
Bankruptcy Rule 1010
(Service of Involuntary Petition and Summons; Petition For Recognition
of a Foreign Nonmain Proceeding) (requires service of summons and
petition on debtor and other entity against whom the representative
is seeking provisional relief in a pending foreign nonmain proceeding)
(PDF)
Bankruptcy Rule 1011
(Responsive Pleading or Motion in Involuntary and Cross-Border Cases)
(technical amendment, including a requirement that corporation involved
in cross-border insolvency file corporate disclosure ownership statement)
(PDF)
Bankruptcy Rule 1015
(Consolidation or Joint Administration of Cases Pending in Same
Court) (technical amendment re change in numbering) (PDF)
Bankruptcy Rule 1017
(Dismissal or Conversion of Case; Suspension) (permits parties to
move to dismiss chapter 7 consumer-debtor case for abuse) (PDF)
Bankruptcy Rule 1019
(Conversion of a Chapter 11 Reorganization Case, Chapter 12 Family
Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s
Debt Adjustment Case to a Chapter 7 Liquidation Case) (preserves
creditor’s right to bring actions to determine dischargeability
under § 523 and motion to dismiss under § 707 upon conversion
of a case from chapter 13 to chapter 7) (PDF)
Bankruptcy Rule 1020
(Small Business Chapter 11 Reorganization Case) (provides new procedures
to determine whether debtor is a small business) (PDF)
Bankruptcy Rule 1021
(Health Care Business Case) (provides procedures for designating
debtor as a health-care business) (PDF)
Bankruptcy Rule 2002
(Notices to Creditors, Equity Security Holders, Administrators in
Foreign Proceedings, Persons Against Whom Provisional Relief is
Sought in Ancillary and Other Cross-Border Cases, United States,
and United States Trustee) (requires court to promptly provide all
creditors with statement by trustee re whether debtor’s case
is presumed abusive. Implements other parts of 2005 Act) (PDF)
Bankruptcy Rule 2003
(Meeting of Creditors or Equity Security Holders) (authorizes court
to order that a meeting of creditors not be convened if the debtor
has solicited acceptances of a plan prior to the commencement of
a case) (PDF)
Bankruptcy Rule 2007.1
(Appointment of Trustee or Examiner in a Chapter 11 Reorganization
Case) (requires elected trustee to file an affidavit with information
on that person’s connection with creditors and others with
an interest in the case) (PDF)
Bankruptcy Rule 2007.2
(Appointment of Patient Care Ombudsman in a Health Care Business
Case) (requires the appointment of a health care ombudsman in the
first 30 days of all health care business cases unless the court
finds it unnecessary. Also provides for parties in interest to file
motions to object to the appointment) (PDF)
Bankruptcy Rule 2015
(Duty to Keep Records, Make Reports, and Give Notice of Case or
Change of Status) (requires small-business chapter 11 debtors to
file periodic financial and operating reports. Also requires foreign
representatives to report to court and sets the time for filing
reports) (PDF)
Bankruptcy Rule 2015.1
(Patient Care Ombudsman) (governs reports issued by health- care
ombudsman and protects patient’s privacy when ombudsman requests
access to patient records) (PDF)
Bankruptcy Rule 2015.2
(Transfer of Patient in Health Care Business Case) (requires trustee
to issue notice when relocating patients from a health-care business
debtor’s facility that is closing) (PDF)
Bankruptcy Rule 2015.3
(Reports of Financial Information on Entities in Which a Chapter
11 Estate Holds a Controlling or Substantial Interest) (requires
debtors to file periodic reports re value and profitability of any
entity in which the debtor has a substantial or controlling interest)
(PDF)
Bankruptcy Rule 3002
(Filing Proof of Claim or Interest) (conforms time period for filing
proofs of government claims under § 1308 to time periods under
§ 502. Also gives court discretion for extending time for foreign
creditor to file proof of claim) (PDF)
Bankruptcy Rule 3003
(Filing Proof of Claim or Equity Security Interest in Chapter 9
Municipality or Chapter 11 Reorganization Cases) (requires court
to grant additional time to creditor with foreign address to file
proofs of claim in chapter 9 or chapter 11 cases) (PDF)
Bankruptcy Rule 3016
(Filing of Plan and Disclosure Statement in a Chapter 9 Municipality
or Chapter 11 Reorganization Case) (small-business debtor need not
file disclosure statement in a chapter 9 or 11 case if the plan
itself includes adequate information and court finds that separate
disclosure statement is unnecessary) (PDF)
Bankruptcy Rule 3017.1
(Court Consideration of Disclosure Statement in a Small Business
Case) (court in a small-business chapter 11 case may conditionally
approve plan if adequate information is provided) (PDF)
Bankruptcy Rule 3019
(Modification of Accepted Plan Before or After Confirmation in a
Chapter 9 Municipality or Chapter 11 Reorganization Case) (establishes
procedures for filing and objecting to a proposed modification of
a confirmed plan) (PDF)
Bankruptcy Rule 4002
(Duties of Debtor) (requires debtor to provide additional evidence
of personal identity, current income, recent Federal income tax
returns or tax transcripts, and financial account information existing
at commencement of the case, consistent with the 2005 Act) (PDF)
Bankruptcy Rule 4003
(Exemptions) (extends deadline for filing objections to exemptions
from 30 days to 60 days and allows trustee to object to an exemption
up to one year after case closed if the exemption was fraudulent)
(PDF)
Bankruptcy Rule 4004
(Grant or Denial of Discharge) (requires debtor to complete a financial
management program before court enters discharge, and allows court
to postpone discharge to determine whether debtor committed a felony
or owes money arising from certain causes of action) (PDF)
Bankruptcy Rule 4006
(Notice of No Discharge) (requires clerk to notify parties in interest,
including the debtor, that no discharge was entered if debtor failed
to complete financial management course) (PDF)
Bankruptcy Rule 4007
(Determination of Dischargeability of a Debt) (expands the exceptions
to discharge upon completion of a chapter 13 plan) (PDF)
Bankruptcy Rule 4008
(Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation
Agreement) (establishes a deadline for filing a reaffirmation agreement.
Also requires debtor to file a signed statement showing total income
and expense from schedules and an explanation of any discrepancies
so that the court can evaluate the reaffirmation for undue hardship)
(PDF)
Bankruptcy Rule 5001
(Courts and Clerks’ Offices) (permits bankruptcy judges in
emergency situations to hold hearings outside of the district in
which the case is pending) (PDF)
Bankruptcy Rule 5003
(Records Kept By the Clerk) (allows taxing authorities to designate
addresses to use for the service of a request under § 505(b)(1))
(PDF)
Bankruptcy Rule 5008
(Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual
Debtors) (requires clerks to give written notice to all creditors
not later than 10 days after the filing of a petition that a presumption
of abuse has arisen) (PDF)
Bankruptcy Rule 5012
(Communication and Cooperation With Foreign Courts and Foreign Representatives)
(provides opportunity for parties in a cross-border insolvency case
to participate on timely request in a court’s communication
with a foreign court or foreign representative) (PDF)
Bankruptcy Rule 6004
(Use, Sale, or Lease of Property) (requires the appointment of a
consumer privacy ombudsman in certain circumstances when a debtor
proposes to sell personally identifiable information) (PDF)
Bankruptcy Rule 6011
(Disposal of Patient Records in Health Care Business Case) (requires
trustee to notify patients before destroying their medical records)
(PDF)
Bankruptcy Rule 8001
(Manner of Taking Appeal; Voluntary Dismissal; Certification to
Court of Appeals) (authorizes appeals directly to the courts of
appeals upon certification either by the bankruptcy or district
court or the bankruptcy appellate panel) (PDF)
Bankruptcy Rule 8003
(Leave to Appeal) (implements the direct appeal provisions of the
Act) (PDF)
Bankruptcy Rule 9006
(Time) (extensions of time for filing schedules and a statement
of financial affairs by small business debtors cannot be extended
beyond the time set in the Code) (PDF)
Bankruptcy Rule 9009
(Forms) (plan proponent in a small business chapter 11 case need
not use an Official Form of a plan of reorganization and disclosure
statement) (PDF)
Official
Form 1 (Voluntary Petition) (requests for information about
the debtor have been revised and the statutory definition of “consumer
debt” has been added) (PDF) Exhibit
D to Official Form 1 (Individual Debtor’s Statement of
Compliance with Credit Counseling Requirement) (alerts debtors to
the prepetition credit counseling requirement) (PDF)
Official
Form 3A (Application to Pay Filing Fee in Installments) (amended
to state that, until the filing fee is paid in full, the debtor
will not make any additional payment or transfer any additional
property for services in connection with the case) (PDF)
Official
Form 3B (Application for Waiver of the Chapter 7 Filing Fee
for Individuals Who Cannot Pay the Filing Fee in Full or in Installments)
(courts permitted to waive the filing fee or permit the debtor to
pay in installments in a case under chapter 7) (PDF)
Official
Form 4 (List of Creditors Holding 20 Largest Unsecured Claims)
(provides more information concerning notification to a guardian
or other adult when a minor child is a creditor in a bankruptcy
case) (PDF)
Official
Form 5 (Involuntary Petition) (facilitates collection in an
involuntary case the same statistical information as in a voluntary
case) (PDF)
Official
Form 6 (Schedules) (facilitates statistical reporting requirements
and other conforming amendments) (PDF)
Official
Form 7 (Statement of Financial Affairs) (conforms to proposed
new Bankruptcy Rule 9037) (PDF)
Official
Form 8 (Chapter 7 Individual Debtor’s Statement of Intention)
(adds section covering personal property subject to an unexpired
lease and an option labeled “lease will be assumed pursuant
to 11 U.S.C. § 362(h)(1)(A)” to the choices a debtor
may make) (PDF) (PROPOSED AMENDMENT SUBSEQUENTLY WITHDRAWN BY ADVISORY
COMMITTEE)
Official
Form 9 (Notice of Commencement of Case, Meeting of Creditors
and Deadlines) (adds “family fisherman” as a category
of debtor eligible for bankruptcy relief under chapter 12 of the
Bankruptcy Code. Also allows Internal Revenue Service to assert
a claim in a chapter 13 case based on a debtor’s income tax
return filed during the three to five years the case is pending)
(PDF)
Official
Form 10 (Proof of Claim) (conforms with the changed priority
scheme in the Code. Also provides more accurate addresses for transmittal
of payments and notices and updates the Instructions and Definitions
portions of the form) (PDF)
Official
Form 16A (Caption (Full)) and Official
Form 18 (Discharge of Debtor in a Chapter 7 Case) (requires
disclosure of all names used by the debtor in the past eight years
and last four digits of debtor’s taxpayer-identification number.
Also reflects changes to the Bankruptcy Code governing nondischargeability
of certain obligations) (PDF)
Official
Form 19A (Declaration and Signature of Non-Attorney Bankruptcy
Petition Preparer) (changes the former “certification”
to “declaration” and contains additional language mandated
by the 2005 Act) (PDF)
Official
Form 19B (Notice to Debtor by Non-Attorney Bankruptcy Petition
Preparer) (contains the notice that a non-attorney bankruptcy petition
preparer is required to give a debtor) (PDF)
Official
Form 21 (Statement of Social-Security Number) (requires taxpayers
that do not have a social-security number to provide a taxpayer-identification
number on form) (PDF)
Official
Form 22A (Chapter 7 Statement of Current Monthly Income and
Means-Test Calculation) (deletes the phrase “in default”
in recognition that a debtor may be required to make additional
payments to a creditor even if the loan is not in default) (PDF)
Official
Form 22B (Chapter 11 Statement of Current Monthly Income) (allows
calculation of disposable income under judicially-determined standards,
rather than pursuant to the means-test deductions specified for
higher-income chapter 13 debtors) (PDF)
Official
Form 22C (Chapter 13 Statement of Current Monthly Income and
Calculation of Commitment Period and Disposable Income) (requires
all chapter 13 debtors, including those whose income is below the
applicable median, to complete Part III of the form) (PDF)
Official
Form 23 (Debtor’s Certification of Completion of Instructional
Course Concerning Personal Financial Management) (requires debtor
to provide number of the certificate of completion received from
the course, requires debtor to indicate any applicable exception
to the requirement to complete the course, and states deadlines
for filing the certification in a chapter 7 case and a chapter 13
case) (PDF)
Official
Form 24 (Certification to Court of Appeals by All Parties) (must
be used to file any certification of an appeal, bankruptcy court
judgment, order, or decree directly to the United States Court of
Appeals by all the appellants and appellees acting jointly) (PDF)
Official
Form 25A ([Name of Proponent]’s Plan of Reorganization,
Dated [Insert Date]) and Official
Form 25B ([Name of Proponent]’s Disclosure Statement,
Dated [Insert Date]) (new forms re reorganization plan and disclosure
statement to be used in small business cases under chapter 11) (PDF)
Official
Form 25C (Small Business Monthly Operating Report) (new form
to assist small business debtors in chapter 11 cases to fulfill
their financial reporting responsibilities under the Act) (PDF)
Official
Form 26 (Periodic Report Concerning Related Entities) (new form
to be used when required by proposed new Bankruptcy Rule 2015.3
to file periodic reports on the profitability of any entities in
which a chapter 11 debtor holds a substantial or controlling interest)
(PDF)
Criminal Rules:
Criminal
Rule 1 (Scope; Definitions) (incorporates definition of “crime
victim” from the Crime Victims’ Rights Act and specifies
legal representatives who may act on behalf of victims under 18,
incompetent, or deceased. Also clarifies that a person accused of
an offense cannot be a “victim” under the rules) (PDF)
Criminal
Rule 12.1 (Notice of Alibi Defense) (provides that a victim’s
address and telephone number should not automatically be provided
to the defense when an alibi defense is raised) (PDF)
Criminal
Rule 17 (Subpoena) (requires court approval when defendant subpoenas
third party to provide personal or confidential information about
a victim. Also requires notice of subpoena to victim and opportunity
to quash or modify it) (PDF)
Criminal
Rule 18 (Place of Trial) (requires court to consider convenience
of victims as well as defendants and witnesses when setting place
for trial within the district) (PDF)
Criminal
Rule 29 (Motion for a Judgment of Acquittal) (allows government
to seek appellate review of preverdict judgment of acquittal) (PDF)
Criminal
Rule 32 (Sentencing and Judgment) (several amendments implementing
the Crime Victims’ Rights Act) (PDF)
Criminal
Rule 45 Criminal Rule 45 (Computing and Extending Time) (technical
amendment that revises cross references to Civil Rule 5)
Criminal
Rule 41 (Search and Seizure) (authorizes magistrate judges to
issue search warrants for property located outside any state or
federal judicial district, including U.S. territories, possessions,
and commonwealths not within a federal judicial district as well
as certain premises associated with U.S. diplomatic and consular
missions)
Criminal
Rule 60 (Victim’s Rights) (consolidates in one rule new
provisions implementing the Crime Victims’ Rights Act, including
notice to victims of judicial proceedings, victim attendance at
these proceedings, victim’s right to be heard, and enforcement
of victims’ rights. Also incorporates statutory provisions
limiting relief and states that failure to provide relief under
the rule is not a basis for a new trial) (PDF)
Criminal
Rule 61 (Title) (conforming amendment)
Evidence Rule:
Evidence
Rule 502 (Attorney-Client Privilege and Work Product; Limitations
on Waiver) (waiver of attorney-client privilege and work product
protection)
August 2007 -
December 2009 Amendments (Effective Dec. 1, 2009)
Amendments Approved by Standing Committee
(June 2008) (LATEST VERSION OF THE RULES)
Proposed Amendments Published for Comment
(August 2007)
Comments Submitted
Proposed Amendments to the Federal Rules
of Appellate, Bankruptcy, Civil, and Criminal Procedure - August
2007
- Appellate Rules 4, 22, 26, 40,
and new Rule 12.1;
- Bankruptcy Rules 4008, 7052,
9021, new Rules 1017.1 and 7058, revisions to Official Form 8,
and new Official Form 27;
- Civil Rules 8, 13, 15, 48, 81,
and new Rule 62.1; and
- Criminal Rules 7, 32, 32.2, 41,
Rule 11 and new Rule 12 of the Rules Governing § 2254 Cases, and
Rule 11 of the Rules Governing § 2255 Proceedings
Proposed Time-Computation Amendments to
the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal
Procedure - August 2007
- Appellate Rules 4, 5, 6, 10,
12, 15, 19, 25, 26, 27, 28.1, 30, 31, 39, and 41;
- Bankruptcy Rules 1007, 1011,
1019, 1020, 2002, 2003, 2006, 2007, 2007.2, 2008, 2015, 2015.1,
2015.2, 2015.3, 2016, 3001, 3015, 3017, 3019, 3020, 4001, 4002,
4004, 6003, 6004, 6006, 6007, 7004, 7012, 8001, 8002, 8003, 8006,
8009, 8015, 8017, 9006, 9027, and 9033;
- Civil Rules 6, 12, 14, 15, 23,
27, 32, 38, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72,
81, Supplemental Rules B, C, and G, and Illustrative Civil Forms
3, 4, and 60; and
- Criminal Rules 5.1, 7, 12.1,
12.3, 29, 33, 34, 35, 41, 45, 47, 58, 59, Rule 8 of the Rules
Governing § 2254 Cases, and Rule 8 of the Rules Governing § 2255
Proceedings.
Editor's Note: The Rules Committees propose amending
over 90 time-computation provisions found in the Appellate, Bankruptcy,
Civil, and Criminal Rules, with a view to simplifying the provisions
and eliminating inconsistencies among them. These proposed amendments,
which are set forth below, comprise the majority of the rules being
published for comment. The Rules Committees also propose amending
a handful of other rules, which are also set forth below.
• Proposed Amendments to the Federal Rules of
Appellate, Bankruptcy, Civil, and Criminal Procedure - August
2007
Appellate Rules:
Appellate
Rule 4 (Appeal as of Right—When Taken) (rule amended to: (1)
eliminate ambiguity arising from the 1998 restyling of the Appellate
Rules re notice of appeal and (2) clarify that 60-day appeal period
applies where federal officer or employee is sued in an individual
capacity)
Appellate Rule 22 (Habeas Corpus
and Section 2255 Proceedings) (conforming amendment to revisions
proposed to Rule 11(a) of the Rules Governing § 2254 Cases
and § 2255 Proceedings)
Appellate Rule 26
(Computing and Extending Time) (clarifies the operation of the three-day
rule when a time period ends on a weekend or holiday)
Appellate Rule 40
(Petition for Panel Rehearing) (clarifies that 45-day period to
file petition for rehearing applies where federal officer or employee
is sued in an individual capacity)
New Appellate Rule 12.1
(Indicative Ruling by the District Court) (sets out procedures to
be followed for motions that the district court cannot grant because
an appeal is pending. See proposed new Civil Rule 62.1)
Bankruptcy Rules and Official Forms:
Bankruptcy Rule 4008
(Filing of Reaffirmation Agreement; Statement in Support of Reaffirmation
Agreement) (requires party filing a reaffirmation agreement to also
file a cover sheet on the applicable Official Form)
Bankruptcy Rule 7052 (Findings by the Court) (conforms to amendment
to Civil Rule 58 in 2002, which clarifies the time when a judgment
that is not set forth on a separate document becomes final for appeal
purposes)
Bankruptcy Rule 9021 (Entry of Judgment) ((conforms to amendment
to Civil Rule 58 in 2002, which clarifies the time when a judgment
that is not set forth on a separate document becomes final for appeal
purposes)
New Bankruptcy Rule 1017.1 (Exemption from Prepetition Credit
Counseling Requirement) (establishes procedures for court to consider
a debtor's request to defer prepetition counseling because of exigent
circumstances)
New Bankruptcy Rule 7058 (Entering Judgement in Adversary Proceeding)
(conforms to amendment to Civil Rule 58 in 2002, which clarifies
the time when a judgment that is not set forth on a separate document
becomes final for appeal purposes)
Official Form 8 (Chapter 7 Individual Debtor's Statement of
Intention) (requires the debtor to provide information on leased
personal property and property subject to security interests)
New Official Form 27 (Reaffirmation Agreement) (proposed new
form requires the disclosure of financial information necessary
for the court to determine whether a reaffirmation agreement creates
a presumption of undue hardship for the debtor)
Civil Rules:
Civil Rule 8 (General
Rules of Pleading) (deletes "discharge in bankruptcy" from the list
of affirmative defenses in subdivision (c))
Civil Rule 13 (Counterclaim and Crossclaim) (subdivision (f)
is deleted because it is largely redundant of Rule 15)
Civil Rule 15 (Amended and Supplemental Pleadings) (clarifies
when a pleading may be amended as a matter of course, without the
need to obtain leave of court)
Civil Rule 48 (Number of Jurors; Verdict; Polling) (adds a provision
requiring a court to poll the jury individually at the party's request,
or, alternatively, the court may do so on its own)
New Civil Rule 62.1 (Indicative Ruling on Motion for Relief
That is Barred by a Pending Appeal) (establishes procedures facilitating
the remand of certain post-judgment motions filed after an appeal
has been docketed in a case in which the district court indicates
that it would grant the motion. See Appellate Rule 12.1)
Civil Rule 81 (Applicability of the Rules in General; Removed
Actions) (clarifies the definition of "state" to include commonwealths,
territories, and possessions)
Criminal Rules:
Criminal Rule 7 (The
Indictment and the Information) (d deletes, as unnecessary, a forfeiture-related
provision that is more appropriately set out in Rule 32.2)
Criminal Rule 32 (Sentencing and Judgment) (provides that a
presentence report should state whether the government is seeking
forfeiture to promote timely consideration of issues concerning
forfeiture as part of the sentencing)
Criminal Rule 32.2 (Criminal Forfeiture) (the amendments make
a number of changes to the forfeiture process, including: (1) providing
that the government's notice of forfeiture should not be designated
as a count in an indictment or information and that the notice need
not identify the specific property or money judgment that is subject
to forfeiture; (2) requiring the court to enter a preliminary forfeiture
order sufficiently in advance of sentencing; (3) expressly authorize
a court to enter a forfeiture order that is general in nature; (4)
clarify when forfeiture order becomes final as to the defendant,
stating what the district court is required to do at sentencing,
and requiring the government to submit a special verdict form; and
(5) providing technical changes modifying the notice, publication,
and interlocutory sale of property subject to forfeiture)
Criminal Rule 41 (Search and Seizure) (establishes a two-stage
process which authorizes seizure of electronic storage media or
seizure and copying of electronically stored information and a subsequent
review of storage media or electronically stored information consistent
with the warrant)
§ 2254 Rule 11 (Certificate of Appealability) (makes the requirements
concerning certificates of appealability more prominent by adding
and consolidating them in the pertinent Rule 11. The amendments
also require the district judge to grant or deny the certificate
at the time a final order is issued)
§ 2254 Rule 12 (Applicability of the Federal Rules of Civil
Procedure) (technical amendment)
§ 2255 Rule 11 (Certificate of Appealability; Time to Appeal)
(makes the requirements concerning certificates of appealability
more prominent by adding and consolidating them in the pertinent
Rule 11. The amendments also require the district judge to grant
or deny the certificate at the time a final order is issued)
 Proposed
Time-Computation Amendments to the Federal Rules of Appellate, Bankruptcy,
Civil, and Criminal Procedure - August 2007
Appellate Rules:
Appellate Rule 4 (Appeal as of Right—When
Taken) (time computation amendment)
Appellate Rule 5 (Appeal by Permission) (time computation amendment)
Appellate Rule 6 (Appeal in a Bankruptcy Case From a Final
Judgment, Order, or Decree of a District Court or Bankruptcy Appellate
Panel) (time computation amendment)
Appellate Rule 10 (The Record on Appeal) (time computation amendment)
Appellate Rule 12 (Docketing the Appeal; Filing a Representation
Statement; Filing the Record) (time computation amendment)
Appellate Rule 15 (Review or Enforcement of an Agency Order—How
Obtained; Intervention) (time computation amendment)
Appellate Rule 19 (Settlement of a Judgment Enforcing an Agency
Order in Part) (time computation amendment)
Appellate Rule 25 (Filing and Service) (time computation amendment)
Appellate Rule 26 (Computing and Extending Time) (template
and time computation rule)
Appellate Rule 27 (Motions) (time computation amendment)
Appellate Rule 28.1 (Cross-Appeals) (time computation amendment)
Appellate Rule 30 (Appendix to the Brief) (time computation
amendment)
Appellate Rule 31 (Serving and Filing Briefs) (time computation
amendment)
Appellate Rule 39 (Costs) (time computation amendment)
Appellate Rule 41 (Mandate: Contents; Issuance and Effective
Date; Stay) (time computation amendment)
Bankruptcy Rules and Official Forms:
Bankruptcy Rule 1007 (Lists, Schedules,
Statements, and Other Documents; Time Limits) (time computation
amendment)
Bankruptcy Rule 1011 (Responsive Pleading or Motion in Involuntary
and Cross-Border Cases) (time computation amendment)
Bankruptcy Rule 1019 (Conversion of Chapter 11 Reorganization
Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter
13 Individual's Debt Adjustment Case to Chapter 7 Liquidation Case)
(time computation amendment)
Bankruptcy Rule 1020 (Election to be Considered a Small Business
in a Chapter 11 Reorganization Case) (time computation amendment)
Bankruptcy Rule 2002 (Notices to Creditors, Equity Security
Holders, Administrators in Foreign Proceedings, Persons Against
Whom Provisional Relief is Sought in Ancillary and Other Cross-Border
Cases, United States, and United States Trustee) (time computation
amendment)
Bankruptcy Rule 2003 (Meeting of Creditors or Equity Security
Holders) (time computation amendment)
Bankruptcy Rule 2006 (Solicitation and Voting of Proxies in
Chapter 7 Liquidation Cases) (time computation amendment)
Bankruptcy Rule 2007 (Review of Appointment of Creditors' Committee
Organized Before Commencement of the Case) (time computation amendment)
Bankruptcy Rule 2007.2 (Appointment of Patient Care Ombudsman
in a Health Care Business Case (time computation amendment)
Bankruptcy Rule 2008 (Notice to Trustee of Selection (time computation
amendment)
Bankruptcy Rule 2015 (Duty to Keep Records, Make Reports, and
Give Notice of Case or Change of Status (time computation amendment)
Bankruptcy Rule 2015.1 (Patient Care Ombudsman) (time computation
amendment)
Bankruptcy Rule 2015.2 (Transfer of Patient in Health Care Business
Case) (time computation amendment)
Bankruptcy Rule 2015.3 (Reports of Financial Information on
Entities in Which a Chapter 11 Estate Holds a Controlling or Substantial
Interest) ( time computation amendment)
Bankruptcy Rule 2016 (Compensation for Services Rendered and
Reimbursement of Expenses) (time computation amendment)
Bankruptcy Rule 3001 (Proof of Claim) (time computation amendment)
Bankruptcy Rule 3015 (Filing, Objection to Confirmation,
and Modification of a Plan in a Chapter 12 Family Farmer's Debt
Adjustment or a Chapter 13 Individual's Debt Adjustment Case (time
computation amendment)
Bankruptcy Rule 3017 (Court Consideration of Disclosure Statement
in a Chapter 9 Municipality or Chapter 11 Reorganization Case) (time
computation amendment)
Bankruptcy Rule 3019 (Modification of Accepted Plan Before
or After Confirmation in a Chapter 9 Municipality or Chapter 11
Reorganization Case) (time computation amendment)
Bankruptcy Rule 3020 (Deposit; Confirmation of Plan in a Chapter
9 Municipality or Chapter 11 Reorganization Case) (time computation
amendment)
Bankruptcy Rule 4001 (Relief from Automatic Stay; Prohibiting
Or Conditioning the Use, Sale, or Lease of Property; Use of Cash
Collateral; Obtaining Credit; Agreements) (time computation amendment)
Bankruptcy Rule 4002 (Duties of Debtor) (time computation amendment)
Bankruptcy Rule 4004 (Grant or Denial of Discharge) (time
computation amendment)
Bankruptcy Rule 6003 (Interim and Final Relief Immediately Following
the Commencement of the Case—Applications for Employment; Motions
For Use, Sale, or ease of Property; and Motions for Assumption or
Assignment Of Executory Contracts) (time computation amendment)
Bankruptcy Rule 6004 (use, Sale, or Lease of Property) (time
computation amendment)
Bankruptcy Rule 6006 (Assumption, Rejection or Assignment of
Executory Contract or Unexpired Lease) (time computation amendment)
Bankruptcy Rule 6007 (Abandonment or Disposition of Property)
(time computation amendment)
Bankruptcy Rule 7004 (Process; Service of Summons; Complaint)
(time computation amendment)
Bankruptcy Rule 7012 (Defenses and Objections—When and How Presented—By
Pleading or Motion—Motion for Judgment on the Pleading) (time computation
amendment)
Bankruptcy Rule 8001 (Manner of Taking Appeal; Voluntary Dismissal;
Certification to Court of Appeals) (time computation amendment)
Bankruptcy Rule 8002 (Time for Filing Notice of Appeal) (time
computation amendment)
Bankruptcy Rule 8003 (Leave to Appeal) (time computation amendment)
Bankruptcy Rule 8006 (Record and Issues on Appeal) (time
computation amendment)
Bankruptcy Rule 8009 (Brief and Appendix; Filing and Service)
(time computation amendment)
Bankruptcy Rule 8015 (Motion for Rehearing) (time computation
amendment)
Bankruptcy Rule 8017 (Stay of Judgment of District Court
or Bankruptcy Appellate Panel) (time computation amendment)
Bankruptcy Rule 9006 (Time) (template and time computation amendment)
Bankruptcy Rule 9027 (Removal) (time computation amendment)
Bankruptcy Rule 9033 (Review of Proposed Findings of Fact and
Conclusions of Law in Non-Core Proceedings) (time computation amendment)
Civil Rules:
Civil Rule 6 (Computing
and Extending Time; Time for Motion Papers) (template and time computation
amendment)
Civil Rule 12 (Defenses and Objections: When and How Presented;
Motion for Judgment on the Pleadings; Consolidating Motions; Waiving
Defenses; Pretrial Hearing) (time computation amendment)
Civil Rule 14 (Third-Party Practice) (time computation amendment)
Civil Rule 15 (Amended and Supplemental Pleadings) (time computation
amendment)
Civil Rule 23 (Class Actions) (time computation amendment)
Civil Rule 27 (Depositions to Perpetuate Testimony) (time computation
amendment)
Civil Rule 32 (Using Depositions in Court Proceedings) (time
computation amendment)
Civil Rule 38 (Right to a Jury Trial; Demand) (time computation
amendment)
Civil Rule 50 (Judgment as a Matter of Law in a Jury Trial;
Related Motion for a New Trial; Conditional Ruling) (time computation
amendment)
Civil Rule 52 (Findings and Conclusions by the Court; Judgment
on Partial Findings) (time computation amendment)
Civil Rule 53 (Masters) (time computation amendment)
Civil Rule 54 (Judgment; Costs) (time computation amendment)
Civil Rule 55 (Default; Default Judgment) (time computation
amendment)
Civil Rule 56 (Summary Judgment) (time computation amendment)
Civil Rule 59 (New Trial; Altering or Amending a Judgment) (time
computation amendment)
Civil Rule 62 (Stay of Proceedings to Enforce a Judgment) (time
computation amendment)
Civil Rule 65 (Injunctions and Restraining Orders) (time computation
amendment)
Civil Rule 68 (Offer of Judgment) (time computation amendment)
Civil Rule 71.1 (Condemning Real or Personal Property) (time
computation amendment)
Civil Rule 72 (Magistrate Judges: Pretrial Order) (time computation
amendment)
Civil Rule 81 (Applicability of the Rules in General; Removed
Actions) (time computation amendment)
Supplemental Rule B (In Personam Actions: Attachment and Garnishment)
(time computation amendment)
Supplemental Rule C (In Rem Actions: Special Provisions) (time
computation amendment)
Supplemental Rule G (Forfeiture Actions in Rem) (time computation
amendment)
Illustrative Form 3 (Summons) (time computation amendment)
Illustrative Form 4 (Summons on a Third-Party Complaint) (time
computation amendment)
Illustrative Form 60 (Notice of Condemnation) (time computation
amendment)
Criminal Rules:
Criminal Rule 5.1 (Preliminary Hearing)
(time computation amendment)
Criminal Rule 7 (The Indictment and the Information) (time computation
amendment)
Criminal Rule 12.1 (Notice of an Alibi Defense) (time computation
amendment)
Criminal Rule 12.3 (Notice of a Public-Authority Defense)
(time computation amendment)
Criminal Rule 29 (Motion for a Judgment of Acquittal) (time
computation amendment)
Criminal Rule 33 (New Trial) (time computation amendment)
Criminal Rule 34 (Arresting Judgment) (time computation amendment)
Criminal Rule 35 (Correcting or Reducing a Sentence) (time computation
amendment)
Criminal Rule 41 (Search and Seizure) (time computation amendment)
Criminal Rule 45 (Computing and Extending Time) (template and
time computation amendment)
Criminal Rule 47 (Motions and Supporting Affidavits) (time computation
amendment)
Criminal Rule 58 (Petty Offenses and Other Misdemeanors) (time
computation amendment)
Criminal Rule 59 (Matters Before a Magistrate Judge) (time computation
amendment)
§ 2254 Rule 8 (Evidentiary Hearing) (time computation amendment)
§ 2255 Rule 8 (Evidentiary Hearing) (time computation amendment)
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