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2000 Rep. Advisory Comm. on Civ. Rules 1 (2000)

handle is hein.usfed/adcvru0033 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 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 MILTON I. SHADUR EVIDENCE RULES To: Honorable Anthony J. Scirica, Chair, Standing Committee on Rules of Practice and Procedure From: Paul V. Niemeyer, Chair, Advisory Committee on the Federal Rules of Civil Procedure Date: May , 2000 Re: Report of the Civil Rules Advisory Committee Introduction The Civil Rules Advisory Committee met on April 10 and i, 2000, at the Administrative Office of the United States Courts in Washington, D.C. It voted to recommend adoption of rules amendments that were published for comment in August 1999, with some modifications in response to the public comments. Part I of this report details these recommendations with respect to two packages. The first package, covering electronic service of papers after initial process, includes changes in Rules 5(b), 6(e), and 77(d). The second package, covering abrogation of the obsolete Copyright Rules of Practice, includes abrogation of those rules, a new Rule 65(f), and a corresponding change in Rule 81 (a) (1) . A third proposal for adoption included in this package would make an overdue technical correction to Rule 82; it is recommended that it be adopted without publication for comment. Part II describes the Advisory Committee recommendation to publish for comment three sets of amendments. The first proposes a new Rule 7.1 governing disclosure of information that supports a determination whether a judge is disqualified. This proposal is advanced for consideration with parallel proposals by other advisory committees. The second set proposes amendments to Civil Rules 54 (d) (2) and 58. This proposal is advanced for consideration with parallel proposals to amend Appellate Rule 4 (a). The final proposal would amend Rule 81(a) (2) to integrate better with the rules governing habeas corpus cases and § 2255 motions. Part III summarizes ongoing Advisory Committee work, primarily

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