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Pending Rules Amendments

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Any change to the federal rules must be designed to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay.

The process for promulgating an amendment to a rule or form involves several levels of consideration and approval, the first of which is consideration and approval by the appropriate advisory committee and then the Committee on Rules of Practice and Procedure. Following approval by the Committee on Rules of Practice and Procedure, proposed amendments must be considered and approved by the Judicial Conference, the Supreme Court, and then Congress. Below are proposed rules and forms amendments currently under consideration at each level following approval by the Committee on Rules of Practice and Procedure.

Amendments Approved by the Rules Committees – Pending Judicial Conference Review

  • There are no rules amendments currently under review.

Amendments Approved by the Judicial Conference – Pending Supreme Court Review

  • At its March 2012 session, the Judicial Conference:
    • Approved a proposed amendment to Criminal Rule 16, and agreed to transmit it to the Supreme Court for consideration with a recommendation that it be adopted by the Court and transmitted to Congress in accordance with the law.
  • At its September 11, 2012 session, the Judicial Conference:
    • Approved proposed amendments to Appellate Rules 13, 14, 24, 28, and 28.1, and to Form 4, and agreed to transmit them to the Supreme Court for consideration with a recommendation that they be adopted by the Court and transmitted to Congress in accordance with the law.
    • Approved proposed amendments to Bankruptcy Rules 1007(b)(7), 4004(c)(1), 5009(b), 9006(d), 9013, and 9014, and agreed to transmit them to the Supreme Court for consideration with a recommendation that they be adopted by the Court and transmitted to Congress in accordance with the law.
    • Approved proposed revisions of Official Bankruptcy Forms 7, 9A–9I, 10, and 21, to take effect on December 1, 2012.
    • Approved proposed amendments to Civil Rules 37 and 45, and agreed to transmit them to the Supreme Court for consideration with a recommendation that they be adopted by the Court and transmitted to Congress in accordance with the law.
    • Approved a proposed amendment to Criminal Rule 11, and agreed to transmit it to the Supreme Court for consideration with a recommendation that it be adopted by the Court and transmitted to Congress in accordance with the law.
    • Approved a proposed amendment to Evidence Rule 803(10), and agreed to transmit it to the Supreme Court for consideration with a recommendation that it be adopted by the Court and transmitted to Congress in accordance with the law.
  • The March and September Reports of the Judicial Conference Committee on Rules of Practice Procedure provide detailed information concerning these pending amendments and revisions, and may be accessed from the Reports to the Judicial Conference page.

Amendments Adopted by the Supreme Court – Pending Congressional Review

  • There are no rules amendments currently under review.