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1993 Rep. Advisory Comm. on Civ. Rules [i] (1993)

handle is hein.usfed/adcvru0026 and id is 1 raw text is: AGENDA XI COMMITTEE ON RULES OF PRACTICE AND PROCEDURE Washington, D.C. OF THE June 17-19, 1993 JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 ROBERT E. KEETON CHAIRMEN OF ADVISORY COMMITTEES CH, RMAN May 17, 1993 KENNETH F. RIPPLE APPELLATE RULES PETER G. McCABE SECRETARY EDWARD LEAVY BANKRUPTCY RULES SAM C. POINTER, JR. CIVIL RULES TO: Honorable Robert E. Keeton, Chairman WILLIAM TERRELL HODGES Standing Committee on Rules of Practice and Procedure RALPH K. WINTER, JR. EVIDENCE RULES Enclosed are proposed amendments to Rules 23, 26(c), 43(a), 50(c)(2), 52(b), 59(b)-(e), 83, and 84. With the accompanying Committee Notes, these have been considered and approved by the Advisory Committee on Civil Rules for submission to the Standing Committee under rule 3c of the governing procedures. A summary of the proposals, briefly explaining the need for amendment and highlighting the more significant changes, is attached. The proposed revisions conform to the style conventions approved by the Advisory Committee in its undertaking to make the civil rules more concise, clear, and consistent; and a separate enclosure reflects how the rules with the proposed amendments would look in the new format that the Committee will be recommending. Rules 83 and 84 were previously published and submitted to the Standing Committee, but have been reviewed for consistency with similar provisions being proposed in other federal rules. I call to your special attention proposed Rule 83(a)(2), which contains provisions not, as I understand it, being incorporated in the proposals from the other Advisory Committees. We do not assert that these provisions are merited by special circumstances unique in the Civil Rules; rather, we remain convinced that the principle contained in Rule 83(a)(2) would be generally appropriate as a limitation on enforcement of all local rules. We ask that this remaining difference in the views of the several Advisory Committees be resolved by the Standing Committee. We request that the Standing Committee authorize publication of these proposals, affording the bench, bar, and public an opportunity to comment on the proposed amendments. Public hearings would also be needed. We suggest, however, that the Standing Committee consider postponing the time for publication, comments, and public hearings until after Congress has had time to evaluate the substantial changes in the Civil Rules adopted by the Supreme Court in April 1993. For that reason, we have not suggested any particular times or places for holding public hearings on the current proposals. Sincerely, Sam C. Pointer, Jr., Chairman Advisory Committee on Civil Rules cc: Secretary and Reporter, Standing Committee Chairmen, other Advisory Committees Reporter, Advisory Committee on Civil Rules

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