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1999 Rep. Advisory Comm. on Civ. Rules 1 (1999)

handle is hein.usfed/adcvru0032 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 ANTHONY J. SCIRICA CHAIRS OF ADVISORY COMMITTEES 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 MEMORANDUM FERN M. SMITH EVIDENCE RULES To: Honorable Anthony J. Scirica, Chair, Committee on Rules of Practice and Procedure From: Paul V. Niemeyer, Chair, Advisory Committee on Civil Rules Date: May 11, 1999 Re: Report of the Advisory Committee on Civil Rules I. INTRODUCTION At its meeting on April 19 and 20, 1999, in Gleneden Beach, Oregon, the Civil Rules Advisory Committee approved recommendations for the adoption of the three rules packages that were published for comment in August 1998. The first package, involving Rules 4 and 12, would regulate service on the United States and the time to answer when a federal employee is sued in an individual capacity for acts occurring in connection with the performance of public duties. The second package, involving Admiralty Rules B, C, and E, along with conforming changes to Civil Rule 14, would adjust these rules to reflect the growing use of admiralty procedure in civil forfeiture proceedings and also to reflect 1993 changes in Civil Rule 4. The third package would amend discovery Rules 5, 26, 30, 34, and 37 to reduce cost and increase the efficiency of discovery, while yet preserving the policy of full disclosure and judicial discretion in case management. At the meeting, the Committee also approved proposals for electronic service with the recommendation that they be published for comment if the Standing Committee determines that the time has come to move toward electronic service. These action items are contained in Parts II and III, respectively, of this report. Part IV presents, for informational purposes, summaries of other matters that came before the Advisory Committee. In addition, draft minutes of the April 1999 meeting are attached.

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