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2005 Rep. Advisory Comm. on Civ. Rules 1 (2005)

handle is hein.usfed/adcvru0038 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIALCONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 DAVID F. LEVI CHAIRS OF ADVISORY COMMITrEES CHAIR SAMUEL A. ALITO, JR. PETER G. McCABE APPELLATERULES SECRETARY THOMAS S. ZILLY BANKRUPTCY RULES LEE H. ROSENTHAL CIVIL RULES SUSAN C. BUCKLEW To: Honorable David F. Levi, Chair, Standing CRIMINALRULES Committee on Rules of Practice and Procedure JERRY E. SMITH EVIDENCE RULES From: Honorable Lee H. Rosenthal, Chair, Advisory Committee on the Federal Rules of Civil Procedure Date: May 27, 2005 Re: Report of the Civil Rules Advisory Committee Introduction The Civil Rules Advisory Committee held three hearings in 2005 on proposed rules amendments published for comment in August 2004. The hearings were held on January 12 in San Francisco, January 28 in Dallas, and February 1 and 12 in Washington, D.C. The Committee met at the Administrative Office of the United States Courts on April 14-15, 2005. Draft minutes of the April 2005 meeting are attached. Summaries of the written comments and testimony presented at the hearings are also provided with the several recommendations of proposed rule amendments for adoption. Parts I and II present action items. Part I recommends transmission for approval of amendments to several rules. Rules 5(e) and 50(b) come first. The next set of rule amendments is a comprehensive package addressing discovery of electronically stored information, including revisions of Rules 16, 26, 33, 34, 37, and 45, as well as Form 35. The last set of rule amendments recommended for approval is a new Supplemental Rule G governing civil forfeiture actions; this package includes conforming changes to other Supplemental Rules, including the title and Rules A, C, and E. Part I includes a conforming amendment to Rule 26(a)(1) that was published with Rule G and conforming amendments to Rules 9(h) and 14 and 26(a)(1)(E) that are recommended for adoption without publication. For each of the four categories of rule amendments recommended for approval, these materials set out a brief introductory discussion, followed by the text of the proposed rule amendment and Committee Note and a summary and explanation of the changes made since publication. Part 11 recommends publication for comment of a new Rule 5.2, the Civil Rules version of the E-Government Act rules. The Appellate, Bankruptcy, and Criminal Rules Advisory Committees have made similar recommendations. Part il presents information items, briefly noting a few of the projects on the agenda for future work.

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