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2008 Rep. Advisory Comm. on Civ. Rules 165 (2008)

handle is hein.usfed/adcvru0041 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 LEE H ROSENTHAL CHAIRS OF ADVISORY COMMITTEES CHAIR CARL E. STEWART PETER G. McCABE APPELLATE RULES SECRETARY LAURA TAYLOR SWAIN BANKRUPTCY RULES MARK R. KRAVITZ CIVIL RULES RICHARD C. TALLMAN CRIMINAL RULES ROBERT L. HINKLE EVIDENCE RULES To: Honorable Lee H. Rosenthal, Chair, Standing Committee on Rules of Practice and Procedure From: Honorable Mark R. Kravitz, Chair, Advisory Committee on Federal Rules of Civil Procedure Date: May 9, 2008 Re: Report of the Civil Rules Advisory Committee Introduction [he Civil Rules Advisory Committee met in Half Moon Bay, California, on April 7 and 8, 2008. Draft imnutes of the meeting are attached. The Rule 56 Subcommittee held a conference call after the November 2007 Committee meeting and the Rule 26 Subcommittee held several conference calls and met in Phoenix on February 28, 2008. The fruits of the subcommittee activities are reported below in presenting recommendations to publish proposed amendments of Civil Rules 26 and 56 for comment Several Civil Rules amendments were published for comment in August 2007, including the Civil Rules part of the Time-Computation Project. The comments were useful but not numerous All of the proposals, except for Rule 8(c), are recommended for adoption with a few modest revisions The Time-Computation Project proposals will be separated from the other proposals to facilitate discussion in conjunction with the Time-Computation Project proposals fiu other sets of rules Parts I and I of this Report present the action items. Part L.A presents the Time-Computation Project proposals for adoption. Part LB presents for adoption the other proposals published In August 2007, except for Rule 8(c). Part II A recommends for publication a thorough revision of Rule 56 that regulates the procedure for seeking summary judgment without changing the standard for granting summaryjudgment. Part 11.B recommends for publication proposals that would amend parts of the Rule 26 provisions governing disclosure and discovery with respect to expert trial witnesses Both the Rule 26 proposal and the Rule 56 proposal were presented for preliminary discussion at this Committee's January 2008 meeting; the proposals have been improved by incorporating several responses to that discussion Part ill presents a few infornation Items.

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