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2009 Rep. Advisory Comm. on Civ. Rules 1 (2009)

handle is hein.usfed/adcvru0042 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 8, 2009 Re: Report of the Civil Rules Advisory Committee Introduction The Civil Rules Advisory Committee met in San Francisco on February 2 and 3, 2009, and in Chicago on April 20 and 21, 2009. Draft Minutes of these meetings are attached. Proposed amendments of Civil Rules 26 and 56 were published for comment in August 2008. The first of three scheduled hearings on these proposals was held through the morning on November 17, before the Committee's November meeting began. The remaining hearings were held on January 14, 2009, following the Standing Committee meeting in San Antonio, and on February 2 in San Francisco. Four action items are presented in this report. Part I A recommends approval of a recommendation to adopt the amendments to Rule 26, with revisions from the proposal as published. Part I B recommends approval of a recommendation to adopt the amendments to Rule 56, with revisions of the proposal as published. Part I C recommends approval of a recommendation to delete discharge in bankruptcy from the list of affirmative defenses in Rule 8(c) as published in August 2007. Part II recommends publishing a revision of Supplemental Rule E(4)(f), deferring publication until a suitable time for publication along with other proposals. future. Part III presents for discussion several items that will occupy the Committee in the near

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