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August 2007 -
December 2009 Amendments (Effective Dec. 1, 2009)
Amendments Approved by Judicial
Conference (September 2008)
(LATEST VERSION OF THE RULES)
Amendments Approved by Standing Committee
(June 2008)
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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