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1984 Rep. Advisory Comm. on Civ. Rules [i] (1984)

handle is hein.usfed/adcvru0018 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES ADMINISTRATIVE OFFICE OF THE UNITED TATES COURTS WASHINGTON, D. C. 20544 TO THE COMMITTEE ON RULES OF PRACTICE AND PROCEDURE: I have the honor of submitting herewith our Committee's final draft of proposed amendments of Rules 6, 45(d)(2), 52(a), 71A(h), 83; Supplementary Rules B(I), C(3), and E(4)(f) for Certain Admiralty and Maritime Claims; and an amendment to Official Form 18-A, with the recommendation that they be approved and presented to the Judicial Conference for action. These proposed amendments represent the fruits of almost two years of thorough study in the course of which our Committee has had the benefit of the views of numerous judges, lawyers and other citizens, both b-y letter and at public hearings in Washington, D. C., and Los Angeles, California, in response to a wide distribution of earlier drafts for criticism and comment. The proposed changes may be summarized as follows: Rule 6: The amendment would alleviate some of the hardshio experienced under the present provision's allowance of inadequate time for response to motions because of its inclusion of Saturdays, Sundays and legal holidays when the period for response is more than 7 days and because of its failure to allow for weather or other conditions causing the office of the clerk to be inaccessible. The period has been increased from 7 to 11 days and is extended when the clerk's office is inaccessible on the last day of the period. The Birthday of Ma-tin Luther King, Jr., which becomes a legal holiday on the third Monday of January 1986, has also been added to the list of legal holidays mentioned in the rule. Rule 45(dX2): The amendment would eliminate anomalous situations occurring under the present provision, which requires a person who resides, is employed or transacts business in a county to travel from one end of the county to the other, but not across county lines, for the taking of a deposition whereas a non-resident may be required to attend either in the county where served or within 40 miles from the place of service. The amendment would

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