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1990 Rep. Advisory Comm. on Civ. Rules 1 (1990)

handle is hein.usfed/adcvru0023 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 JOSEPH F WEIS JR CHAIRMAN JAMES E MACKLIN JR SECRETARY January 25, 1990 CHAIRMEN OF ADVISORY COMMITTE.S JON 0 NEWMAN APPELLATE RULECS JOHN F GRADY CIVIL RULES LELAND C NIELSEN CRIMINAL RULES LLOYD 0 GEORGE BANKRUPTCY RULES TO: The Honorable Joseph F. Weis, Jr., Chairman Stand'ng Committee on Rules of Practice and Procedure FROM: John F. Grady, Chairman Advisory Committee on Civil Rules I am please to report that the Civil Rules Committee has published for comment by the bench and bar a substantial package of amendments to the Federal Rules of Civil Procedure. The Committee will evaluate the comments on these proposals at its meeting on June 6-8, 1990, and expects soon thereafter to recommend promulgation of many of these proposed amendments. 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. Rule 4. This rule would be almost entirely re-written to serve eight purposes: (1) to provide suitable alternative means of notifying defendants in any judicial district of action pending in any other district; (2) to permit nationwide exercise of personal jurisdiction in federal question cases unless Congress otherwise provides; (3) to clarify and extend the cost-saving practice of securing waivers of actual service of process; (4) to achieve greater national uniformity in the rule; (5) to call attention to the Hague Convention and other pertinent treaties; (6) to reduce the risk that a plaintiff may lose a meritorious claim against the United States for failure to serve process properly on it; (7) to allow the United States to effect service more economically; and (8) to reorganize a frequently amended rule to make it more coherent. JUDICIAL

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