About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 Tex. Tech L. Rev. 323 (1991)
An Introduction to Federal Court Rulemaking Procedure

handle is hein.journals/text22 and id is 337 raw text is: AN INTRODUCTION TO FEDERAL COURT RULEMAKING PROCEDURE by Thomas E. Baker* Toward the end of September 1990 at a closed meeting in Washington, D.C., the Judicial Conference of the United States passed on a substantial set of proposed amendments to the rules of practice and procedure of the federal courts. The new appellate rules authorized local circuit rules on electronic filing,' required a juris- dictional statement in the appellant's brief2 and eliminated some inconsistencies in the notice rules for admiralty appeals.' The new civil rules related to pretrial scheduling orders ,4 discovery in inter- national litigation,5 claims of privilege,6 subpoenas of nonparties,7 alternate jurors, the standard for entry of judgment as a matter of law,9 procedures for special masters'0 and substitution for a judge who is unable to continue. Most important, a completely redrafted Federal Rule of Civil Procedure 4: (1) authorized service as provided by the state in which a defendant is served, as well as the forum state; (2) permitted nationwide personal jurisdiction in federal ques- tion cases; (3) emphasized and encouraged waivers of actual service; and (4) clarified and economized service of process by and on the federal government.2 The most substantial changes occurred in bank- * Professor of Law, Texas Tech University; B.S. cum laude, Florida State University, 1974; J.D. with high honors, University of Florida, 1977. By appointment of Chief Justice William H. Rehnquist, the author serves on the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. The views expressed herein are those of the author alone. A previous version of this article appeared in the Texas Lawyer. See Baker, An Invitation to Get Involved, Texas Lawyer, Sept. 3, 1990, at 22, col. 1. 1. See FED. R. App. P. 25(a). 2. See FED. R. App. P. 28(a). 3. See FED. R. App. P. 4. 4. See FED. R. Cv. P. 16(b). 5. See FED. R. CIv. P. 26, 44. 6. See FED. R. Civ. P. 34. 7. See FED. R. Civ. P. 45. 8. See FED. R. Civ. P. 47. 48. 9. See FED. R. Civ. P. 41, 50, 52(c). 10. See FED. R. CIrv. P. 53. 11. See FED. R. Civ. P. 63. 12. See FED. R. Civ. P. 4

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most