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1992 Rep. Advisory Comm. on Civ. Rules [i] (1992)

handle is hein.usfed/adcvru0025 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
ROBERT E. KEETON                                          CHAIRMEN OF ADVISORY COMMITTEES
CHAIRMAN                                                    KENNETH F. RIPPLE
May 1, 1992                  APPELLATE RULES
SAM C. POINTER. JR.
CIVIL RULES
JOSEPH F. SPANIOL. JR.                                        WILLIAM TERRELL HODGES
SECRETARY
CRIMINAL RULES
EDWARD LEAVY
BANKRUPTCY RULES
TO:         Honorable Robert E. Keeton, Chairman
Standing Conmittee on Rules of Practice and Procedure
Enclosed as Attachment A are proposed amendments to the Federal Rules of Civil
Procedure and to the Federal Rules of Evidence. With the accompanying Committee Notes,
these were approved by the Advisory Committee on Civil Rules on April 15, 1992, for
submission to the Standing Committee under rule 5b of the governing procedures. It should
be noted that the proposed amendments to Rule 43 have been withdrawn for further study.
Most of the proposed amendments were published in August 1991, accompanied by
a solicitation for comments from the bench, bar, and public. Hundreds of written comments
were received and reviewed by the Advisory Committee. Public hearings were held in Los
Angeles, California, on November 21, 1991, and in Atlanta, Georgia, on February 19 and
20, 1992.
Several of the proposed amendments are ones that were returned by the Supreme
Court in December 1991 for further study. These had been published for comment in
October 1989; approved by the Advisory Committee, Standing Committee, and Judicial
Conference in April, June, and September 1990; and submitted to the Supreme Court in
November 1990. The Advisory Committee has reviewed these amendments and made a few
changes in the text or Notes.
Finally, there are a few proposed amendments not previously published that, being
technical in nature, are recommended for approval under the exception to the requirement
for public comment and hearing provided in rule 4d of the governing procedures.
Attachment B is a report identifying and discussing the primary criticisms and
suggestions, and explaining the changes made by the Advisory Committee after considering
these comments. It also reflects particular aspects of the proposed changes on which there
was disagreement among Committee members. There were, however, no requests to submit
any minority reports, and, with the exception of one proposed change (Rule 702 of the
Federal Rules of Evidence), the Committee was unanimous in recommending that the
proposed amendments be adopted. The report also indicates those proposed technical
amendments that are recommended for adoption under rule 4d of the governing procedures
without public notice and opportunity for comment.

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