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1998 Rep. Advisory Comm. on Civ. Rules 1 (1998)

handle is hein.usfed/adcvru0031 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OFTHE UNITED STATES WASHINGTON, D.C.20544 ALICEMARIE H. STOTLER CHAIRS OF ADVISORY COMMITTEI CHAIR WILL L. GARWOOD PETER G. MCCABE APPELLATE RULES SECRETARY ADRIAN G. DUPLANTIER BANKRUPTCY RULES PAUL V. NIEMEYER CIVIL RULES W. EUGENE DAVIS CRIMINAL RULES FERN M. SMITH EVIDENCE RULES To: Honorable Alicemarie H. Stotler, Chair, Committee on Rules of Practice and Procedure From: Paul V. Niemeyer, Chair, Advisory Committee on Civil Rules Date: May 18, 1998 Re: Report of theAdvisory Committee on Civil Rules I Introduction The Advisory Committee on Civil Rules met at the Duke University School of Law on March 16 and 17, 1998. The Committee's deliberations focused in large part on proposals to amend the discovery rules. These proposals are set out in the Part II recommendations for action with the request that this Committee approve publication of the proposals for comment. Publication also is recommended for changes in Civil Rules 4 and 12 to provide for service on the United States and 60 days to answer in an action brought against a federal officer or employee in an individual capacity. Technical conforming amendments are recommended in Civil Rule 6(b) and Form 2. Part M describes many other activities of the Advisory Committee for information. H ACTION ITEMS Rules Proposed for Publication Discovery Rules When I assumed responsibilities as Chair of the Civil Rules Advisory Committee, existing proposals for change to the discovery rules had been pending for years. The American Bar Association had suggested narrowing the scope of discovery in the 1970s and this proposal to change Rule 26 has been the centerpiece of a more recent proposal by the American College of Trial Lawyers. Also, members of Congress had been pressing the Committee to make changes to the protective order rule. And finally, complaints persisted about the overall cost of discovery. In addition, the Committee was beginning to receive the results from its 1993 experimental changes to authorize local courts to require mandatory disclosure. To focus a project on these discovery proposals and to attempt to put all open items to rest, I posed the following questions to the Committee:

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