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1994 Rep. Advisory Comm. on Civ. Rules 1 (1994)

handle is hein.usfed/adcvru0027 and id is 1 raw text is: AGENDA ITEM - 8 Washington, D.C. June 23-25, 1994 Report to Standing Rules Committee Advisory Committee on Civil Rules May 25, 1994 Introduction The draft minutes of the April 1994 meeting of the Civil Rules Advisory Committee are attached. The draft was prepared by the Committee Reporter, Edward H. Cooper, and reviewed by me. These minutes supply a detailed account of the matters summarized in this Report. Action Items Proposed Amendments Submitted for Approval To Transmit to the Judicial Conference Summary of Amendments The Committee recommends transmission to the Judicial Conference of proposed amendments to Civil Rules 50, 52, 59, and 83. The proposals were published for comment on October 15, 1993. Each of these amendments parallels amendments being proposed by other advisory committees. The Committee does not recommend transmission to the Judicial Conference of proposed amendments to Rules 26(c), 43(a), and 84 that were published at the same time. Rule 84 is discussed in this section; Rules 26(c) and 43(a) are discussed in the next section. The amendments to Rules 50, 52, and 59 establish a uniform period for the post-trial motions authorized by those rules. A post-trial motion under any of these rules must be filed no later than ten days after entry of the judgment. Until now, these rules have variously required that within the ten-day period the motion be served and filed, or be made, or be served. Stylistic changes also have been made to conform to the new style conventions. The discussion of Rules 50, 52, and 59 is set out at pages 8 to 9 of the draft minutes. The amendments to Rule 83 deal with local rules and with orders regulating matters not covered by national or local rules. In keeping with the language of 28 U.S.C. § 2071, the requirement of conformity with national statutes and rules would be expressed by requiring that they be consistent, in place of the present be not inconsistent. Local rules would be required to conform to any uniform numbering system prescribed by the Judicial Conference of the United States. A local rule imposing a requirement of form could not be enforced in a manner that would cause a party to lose

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