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1995 Rep. Advisory Comm. on Civ. Rules [i] (1995)

handle is hein.usfed/adcvru0028 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 ALICEMARIE H. STOTLER June 2, 1995 CHAIRS OF ADVISORY COMMITTEES CHAIR C JAMES K. LOGAN PETER 0, MCCABE APPELLATE RULES SECRETARY PAUL MANNES BANKRUPTCY RULES PATRICK E. HIGGINBOTHAM CIVIL RULES TO: Committee on Rules of Practice D. LOWELLJENSEN and Procedure (Standing Committee) CRIMINAL RULES RALPH K. WINTER, JR. EVIDENCE RULES Dear Colleagues: The Advisory Committee brings four items requiring action of the Standing Committee. Please refer to the relevant portions of the Minutes of the Advisory Committee meeting for greater detail regarding each item. The first is a recommendation for transmission to the Judicial Conference. The other three are recommendations of rules to be published for comment. Rule 5(e) (see Minutes pp.6-8) We recommend forwarding to the I udicial Conference the attached proposed changes to 5(e) with committee note. A, draft amendment of Rule 5(e) was published for comment on September 1, 1994. The Committee agreed to the changes to the published draft at its October 1994 and April 1995 meetings and those changes are reflected in the draft now before you. Rule 26(c) (see Minutes pp. 9-10) We recommend for publication proposed changes to Rule 26(c). The Judicial Conference at its March 1995 meeting returned to the Standing Committee for further consideration the amendments to Rule 26 recommended by the rules committees. Judge Stotler referred the matter to the Advisory Committee, which considered the rule and the conference action at its meeting in New York in April. The Advisory Committee decided to request that the Standing Committee publish for comment the proposed amended rule as submitted to the Judicial Conference. The Judicial Conference voted to delete the words on stipulation of the parties from the rule and later voted to return the proposal for further consideration but did not formally disclose its reasons. Press accounts and statements of Conference members expressed concern that the proposed rule would change existing practice by allowing entry of protective orders without a

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