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1990 Rep. Advisory Comm. on Civ. Rules 1 (1990)

handle is hein.usfed/adcvru0023 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

OF THE
CONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544

JOSEPH F WEIS JR
CHAIRMAN
JAMES E MACKLIN JR
SECRETARY

January 25, 1990

CHAIRMEN OF ADVISORY COMMITTE.S
JON 0 NEWMAN
APPELLATE RULECS
JOHN F GRADY
CIVIL RULES
LELAND C NIELSEN
CRIMINAL RULES
LLOYD 0 GEORGE
BANKRUPTCY RULES

TO:

The Honorable Joseph F. Weis, Jr., Chairman
Stand'ng Committee on Rules of Practice and Procedure

FROM: John F. Grady, Chairman
Advisory Committee on Civil Rules
I am please to report that the Civil Rules Committee has published for comment
by the bench and bar a substantial package of amendments to the Federal Rules
of Civil Procedure. The Committee will evaluate the comments on these
proposals at its meeting on June 6-8, 1990, and expects soon thereafter to
recommend promulgation of many of these proposed amendments.
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.
Rule 4.
This rule would be almost entirely re-written to serve eight purposes: (1) to
provide suitable alternative means of notifying defendants in any judicial district
of action pending in any other district; (2) to permit nationwide exercise of
personal jurisdiction in federal question cases unless Congress otherwise provides;
(3) to clarify and extend the cost-saving practice of securing waivers of actual
service of process; (4) to achieve greater national uniformity in the rule; (5) to
call attention to the Hague Convention and other pertinent treaties; (6) to reduce
the risk that a plaintiff may lose a meritorious claim against the United States
for failure to serve process properly on it; (7) to allow the United States to effect
service more economically; and (8) to reorganize a frequently amended rule to
make it more coherent.

JUDICIAL

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