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1992 Rep. Advisory Comm. on Civ. Rules [i] (1992)

handle is hein.usfed/adcvru0025 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 ROBERT E. KEETON CHAIRMEN OF ADVISORY COMMITTEES CHAIRMAN KENNETH F. RIPPLE May 1, 1992 APPELLATE RULES SAM C. POINTER. JR. CIVIL RULES JOSEPH F. SPANIOL. JR. WILLIAM TERRELL HODGES SECRETARY CRIMINAL RULES EDWARD LEAVY BANKRUPTCY RULES TO: Honorable Robert E. Keeton, Chairman Standing Conmittee on Rules of Practice and Procedure Enclosed as Attachment A are proposed amendments to the Federal Rules of Civil Procedure and to the Federal Rules of Evidence. With the accompanying Committee Notes, these were approved by the Advisory Committee on Civil Rules on April 15, 1992, for submission to the Standing Committee under rule 5b of the governing procedures. It should be noted that the proposed amendments to Rule 43 have been withdrawn for further study. Most of the proposed amendments were published in August 1991, accompanied by a solicitation for comments from the bench, bar, and public. Hundreds of written comments were received and reviewed by the Advisory Committee. Public hearings were held in Los Angeles, California, on November 21, 1991, and in Atlanta, Georgia, on February 19 and 20, 1992. Several of the proposed amendments are ones that were returned by the Supreme Court in December 1991 for further study. These had been published for comment in October 1989; approved by the Advisory Committee, Standing Committee, and Judicial Conference in April, June, and September 1990; and submitted to the Supreme Court in November 1990. The Advisory Committee has reviewed these amendments and made a few changes in the text or Notes. Finally, there are a few proposed amendments not previously published that, being technical in nature, are recommended for approval under the exception to the requirement for public comment and hearing provided in rule 4d of the governing procedures. Attachment B is a report identifying and discussing the primary criticisms and suggestions, and explaining the changes made by the Advisory Committee after considering these comments. It also reflects particular aspects of the proposed changes on which there was disagreement among Committee members. There were, however, no requests to submit any minority reports, and, with the exception of one proposed change (Rule 702 of the Federal Rules of Evidence), the Committee was unanimous in recommending that the proposed amendments be adopted. The report also indicates those proposed technical amendments that are recommended for adoption under rule 4d of the governing procedures without public notice and opportunity for comment.

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