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1989 Rep. Advisory Comm. on Civ. Rules i (1989)

handle is hein.usfed/adcvru0022 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 JOSEPH F WEIS JR CHAIRMEN OF ADVISORY COMMITTEES CHAIRMAN JON 0 NEWMAN June 12, 1989 APPELLATE RULES JOHN F GRADY JAMES E MACKLIN JR CIVIL RULES SECRETARY LELAND C NIELSEN CRIMINAL RULES LLOYD D GEORGE BANKRUPTCY RULES TO: HON. JOSEPH F. WEIS, JR, CHAIR, STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE FROM: JOHN F. GRADY, CHAIR, ADVISORY COMMITTEE ON CIVIL RULES I have the honor to report the recommendation of the Civil Rules Committee that the bench and bar be asked for comment on a substantial package of amendments to the Federal Rules of Civil Procedure. It is the expectation of the Civil Rules Committee that so much of this package as your committee may approve for publication will be circulated for comment in August, September, and October of this -year. The &ivil Rules Committee hopes at its next meeting in November to review the public comment in order to make recommendations to your committee at your meeting in January, 1990, to the end that at least some of these amendments will be promulgated and will become effective in 1990. A few of these revisions are remnants of proposals published for comment in 1985, but never recommended for the reason that they composed too slight a package to merit the attention of the bar. Others of these revisions were approved for publication by your committee at its meeting in San Francisco in January of this year. I am nevertheless transmitting to you the entire package including those items previously approved in order that your Committee can view the entire list of revisions that would be proposed. RuLE 4. This rule would be almost entirely re-written. Your committee reviewed the proposals of the Civil Rules Committee in January and approved them for publication with the recommendation that the provision authorizing the use in federal court of methods of service established by state law be retained. The issue was raised as to whether the state law modes available should be those of the state in which the federal court sits or the state in which service is

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