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1984 Rep. Advisory Comm. on Civ. Rules [i] (1984)

handle is hein.usfed/adcvru0018 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OF THE UNITED STATES
ADMINISTRATIVE OFFICE OF THE
UNITED  TATES COURTS
WASHINGTON, D. C. 20544
TO THE COMMITTEE ON RULES OF PRACTICE AND PROCEDURE:
I have the honor of submitting herewith our Committee's final draft
of proposed   amendments   of Rules 6, 45(d)(2), 52(a), 71A(h), 83;
Supplementary Rules B(I), C(3), and E(4)(f) for Certain Admiralty and
Maritime Claims; and an amendment to Official Form 18-A, with the
recommendation that they be approved and presented to the Judicial
Conference for action.
These proposed amendments represent the fruits of almost two years
of thorough study in the course of which our Committee has had the benefit
of the views of numerous judges, lawyers and other citizens, both b-y  letter
and at public hearings in Washington, D. C., and Los Angeles, California, in
response to a wide distribution of earlier drafts for criticism and comment.
The proposed changes may be summarized as follows:
Rule 6: The amendment would alleviate some of the hardshio
experienced under the present provision's allowance of inadequate
time for response to motions because of its inclusion of Saturdays,
Sundays and legal holidays when the period for response is more than
7 days and because of its failure to allow for weather or other
conditions causing the office of the clerk to be inaccessible. The
period has been increased from 7 to 11 days and is extended when
the clerk's office is inaccessible on the last day of the period. The
Birthday of Ma-tin Luther King, Jr., which becomes a legal holiday
on the third Monday of January 1986, has also been added to the list
of legal holidays mentioned in the rule.
Rule 45(dX2): The amendment would eliminate anomalous
situations occurring under the present provision, which requires a
person who resides, is employed or transacts business in a county to
travel from one end of the county to the other, but not across
county lines, for the taking of a deposition whereas a non-resident
may be required to attend either in the county where served or
within 40 miles from the place of service. The amendment would

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