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2002 Rep. Advisory Comm. on Civ. Rules 1 (2002)

handle is hein.usfed/adcvru0035 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE JUDICIAL CONFERENCE OFTHE UNITED STATES WASHINGTON, D.C. 20544 ANTHONY J. SCIRICA CHAIRS OF ADVISORY COMMITTEES CHAIR SAMUEL A. ALITO, JR. PETER G. McCABE APPELLATE RULES SECRETARY A. THOMAS SMALL BANKRUPTCY RULES DAVID F. LEVI CIVIL RULES EDWARD E. CARNES TO: Honorable Anthony J. Scirica, Chair, Standing Committee CRIMINALRULES MILTON I. SHADUR on Rules of Practice and Procedure EVIDENCE RULES From: David F. Levi, Chair, Advisory Committee on the Federal Rules of Civil Procedure Date: May 20, 2002 Re: Report of the Civil Rules Advisory Committee Introduction The Civil Rules Advisory Committee met on January 22 and 23 at the Administrative Office of the United States Courts in Washington, D.C., and on May 6 and 7 in San Francisco. The January meeting was held in conjunction with the second public hearing on proposed Civil Rules amendments that were published for comment in August 2001. The meeting focused on items that were carried forward on the Committee agenda for future action. The Committee asked for preparation of a resolution on possible legislative approaches to overlapping class actions, a matter that is presented for action with the report on the May meeting. The May meeting was devoted almost entirely to discussion of the August 2001 proposals in light of the voluminous testimony and comments. As with earlier Civil Rules proposals, the testimony and comments were enormously helpful. Significant improvements in the published proposals are recommended, but none of the changes departs from the published proposals in a way that would require republication. Part I of this report describes the three rules that were published for comment in August 2001 and are recommended for submission to the Judicial Conference and Supreme Court for adoption. A brief introductory summary of these rules is provided here. The format adopted for the detailed recommendations is guided by the nature of the changes. Rules 51 and 53 are completely rewritten. Rule 23 subdivision (c) is substantially rewritten, subdivision (e) is completely rewritten, and subdivisions (g) and (h) are new. The Rule 51 materials are relatively brief, but the Rule 53 and Rule 23 materials are lengthy. To facilitate discussion, each rule is introduced by a clean text of the rule and Committee Note as recommended for adoption. The

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