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1996 Rep. Advisory Comm. on Civ. Rules 1 (1996)

handle is hein.usfed/adcvru0029 and id is 1 raw text is: To: Honorable Alicemarie H. Stotler, Chair, Standing Committee on Rules of Practice and Procedure From: Patrick E. Higginbotham, Chair, Advisory Committee on Civil Rules DATE: May 17, 1996 Re: Report of the Advisory Committee on Civil Rules I Introduction The Advisory Committee on Civil Rules met on April 18 and 19, 1996, at the Administrative Office of the United States Courts in Washington, D.C. The Committee considered public comments on four rules that had been published for comment in September, 1995: Civil Rules 9(h), 26(c), 47(a), and 48. In part II(A) of this Report, the Committee recommends that the amendments to Rules 9(h) and 48 be submitted unchanged to the Judicial Conference with a recommendation for adoption. For reasons discussed in this Introduction, the Committee concluded that Rule 26(c) should be held for further consideration as part of a new project to study the general scope of discovery authorized by Rule 26(b) (1) and the scope of document discovery under Rules 34 and 45. (This project is described further in Part III.) This Introduction also will describe the Committee conclusion that amendment of Rule 47(a) should be postponed in favor of efforts to encourage mutual education and communication between bench and bar on the values of lawyer participation in the voir dire examination of prospective jurors. Part II(B) of this Report recommends that this Committee approve for publication and comment revisions of the class action rule, Civil Rule 23. These proposed revisions result from a course of Committee study that began when, in March, 1991, the Judicial Conference requested that this Committee direct the Advisory Committee on Civil Rules to study whether Rule 23, F.R.C.P. be amended to accommodate the demands of mass tort litigation. The proposals address some of the issues that arise in contemporary mass tort litigation, and address as well some issues that arise in small-claims class litigation. Part III provides information about the plan to study the scope of discovery. At the end are summaries of public comments and testimony on published Rules 26(c) and 47(a), separated out because of length. There follow the Minutes of the November, 1995 meeting and Draft Minutes of the April, 1996 meeting. The draft April Minutes are included because they bear directly on the Rule 23 recommendation described in Part II(B).

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