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1987 Rep. Advisory Comm. on Civ. Rules 93 (1987)

handle is hein.usfed/adcvru0020 and id is 1 raw text is: 93
COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OF THE UNITED STATES
ADMINISTRATIVE OFFICE OF THE
UNITED STATES COURTS
WASHINGTON, D.C. 20554
TO THE COMMITTEE ON RULES CF PRACTICE AND PROCEDURE:
I have the honor of submitting herewith our Committee's
final draft of a proposed amendment of Rule 5).
This proposed amendment is the product of two years of study
in which the Committee has had the benefit of the views of many
judges, lawyers, and citizens, both by letter ard at public
hearings in Washington, D.C. and San Francisco, in response to a
wide distribution of earlier drafts for criticism and comment
The Committee proposes to revise Rule 51 to permit the court
to instruct a jury either before or After arviment by counsel, cr
both. Instruction before argument i- the practice of some states
and is favored by some courts as a means of providing a better
framework for the arguments of counsel. The Conittee believes
that this amendment, if adopted, will serve to improve the
administration of justice in our federal courts.
The Committee also recommends adoption of the gender-
nejtralizing amendments to the Civil Rules. These amendments
have been reviewed to assure that no change in the meaning of the
Cix.  Rules wilJ result. Their purpose is merely to alter the
style of the Rules to eliminate any implication that judges or
ae  are, or should be, male.
Respectfully submitted,
Frank M. John on, Jr.
Chairman, Civil Rules Committee

69-709 0 - 87 - 4

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