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1989 Rep. Advisory Comm. on Civ. Rules i (1989)

handle is hein.usfed/adcvru0022 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
JOSEPH F WEIS JR                              CHAIRMEN OF ADVISORY COMMITTEES
CHAIRMAN                                        JON 0 NEWMAN
June  12,  1989            APPELLATE RULES
JOHN F GRADY
JAMES E  MACKLIN  JR                                  CIVIL RULES
SECRETARY                                       LELAND C  NIELSEN
CRIMINAL RULES
LLOYD D GEORGE
BANKRUPTCY RULES
TO: HON. JOSEPH F. WEIS, JR, CHAIR, STANDING COMMITTEE ON
RULES OF PRACTICE AND PROCEDURE
FROM: JOHN F. GRADY, CHAIR, ADVISORY COMMITTEE ON CIVIL
RULES
I have the honor to report the recommendation of the
Civil Rules Committee that the bench and bar be asked for
comment on a substantial package of amendments to the
Federal Rules of Civil Procedure.
It is the expectation of the Civil Rules Committee that
so much of this package as your committee may approve for
publication will be circulated for comment in August,
September, and October of this -year.     The &ivil Rules
Committee hopes at its next meeting in November to review
the public comment in order to make recommendations to your
committee at your meeting in January, 1990, to the end that
at least some of these amendments will be promulgated and
will become effective in 1990.
A few of these revisions are remnants of proposals
published for comment in 1985, but never recommended for the
reason that they composed too slight a package to merit the
attention of the bar.     Others of these revisions were
approved for publication by your committee at its meeting in
San Francisco in January of this year.   I am nevertheless
transmitting to you the entire package including those items
previously approved in order that your Committee can view
the entire list of revisions that would be proposed.
RuLE 4.
This rule would be almost entirely re-written.    Your
committee  reviewed  the  proposals  of  the  Civil  Rules
Committee in January and approved them for publication with
the recommendation that the provision authorizing the use in
federal court of methods of service established by state law
be retained. The issue was raised as to whether the state
law modes available should be those of the state in which
the federal court sits or the state in which service is

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