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2007 Rep. Advisory Comm. on Civ. Rules 1 (2007)

handle is hein.usfed/adcvru0040 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 DAVID F. LEVI CHAIRS OF ADVISORY COMMITTEES CHAIR CARL E. STEWART PETER G. McCABE APPELLATE RULES SECRETARY THOMAS S. ZILLY BANKRUPTCY RULES LEE H. ROSENTHAL CIVIL RULES SUSAN C. BUCKLEW CRIMINAL RULES JERRY E. SMITH EVIDENCE RULES To: Honorable David F. Levi, Chair, Standing Committee on Rules of Practice and Procedure From: Honorable Lee H. Rosenthal, Chair, Advisory Committee on Federal Rules of Civil Procedure Date: May 25, 2007 Re: Report of the Civil Rules Advisory Committee Introduction The Civil Rules Advisory Committee met at the Brooklyn Law School on April 19-20, 2007 Draft Minutes of the meeting are attached. Subcommittees held three miniconferences. The Discovery Subcommittee met with a group of lawyers after the January Standing Committee meeting to discuss reports from and discovery of testifying expert witnesses. In April, the day before the Advisory Committee meeting, the Discovery Subcommittee met in New York with a group of New Jersey lawyers to explore experience with a New Jersey rule addressing some of the expert-witness disclosure and discovery issues. The Rule 56 Subcommittee met in'New York in late January with a large group of lawyers and judges to review possible approaches to revising Rule 56. No rules were published for comment in August 2006, and no amendments are recommended for adoption. Part I of this report presents three sets of proposed amendments recommended for approval for publication in August 2007. The first set is amendments that result from or relate to the Time- Computation Project. Proposed Rule 6(a) implements for the Civil Rules the time-computation methods template developed by the Time-Computation Subcommittee for parallel provisions in the Civil, Appellate, Bankruptcy, and Criminal Rules. Revisions of other Civil Rules are also proposed, most adjusting for elimination of the former rule that excluded intermediate Saturdays, Sundays, and legal holidays in computing periods shorter than 11 days. A final amendment related to the Time- Computation Project adds commonwealths, territories, and possessions to the Rule 81 definition of state. The second set proposes publication of amendments to regularize Rule 56 summary- judgment procedures without revising summary-judgment standards. This set of proposals also has a tie to time computation. Proposed Rule 56(a) makes needed changes in the timing rules and is independently recommended for publication as part of the Time-Computation Project.

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