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1993 Rep. Advisory Comm. on Civ. Rules [i] (1993)

handle is hein.usfed/adcvru0026 and id is 1 raw text is: AGENDA XI
COMMITTEE ON RULES OF PRACTICE AND PROCEDURE            Washington, D.C.
OF THE                           June 17-19, 1993
JUDICIAL CONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544
ROBERT E. KEETON                                                  CHAIRMEN OF ADVISORY COMMITTEES
CH, RMAN                            May 17, 1993                     KENNETH F. RIPPLE
APPELLATE RULES
PETER G. McCABE
SECRETARY                                                             EDWARD LEAVY
BANKRUPTCY RULES
SAM C. POINTER, JR.
CIVIL RULES
TO:         Honorable Robert E. Keeton, Chairman                 WILLIAM TERRELL HODGES
Standing Committee on Rules of Practice and Procedure
RALPH K. WINTER, JR.
EVIDENCE RULES
Enclosed are proposed amendments to Rules 23, 26(c), 43(a), 50(c)(2), 52(b), 59(b)-(e), 83,
and 84. With the accompanying Committee Notes, these have been considered and approved by the
Advisory Committee on Civil Rules for submission to the Standing Committee under rule 3c of the
governing procedures. A summary of the proposals, briefly explaining the need for amendment and
highlighting the more significant changes, is attached. The proposed revisions conform to the style
conventions approved by the Advisory Committee in its undertaking to make the civil rules more
concise, clear, and consistent; and a separate enclosure reflects how the rules with the proposed
amendments would look in the new format that the Committee will be recommending.
Rules 83 and 84 were previously published and submitted to the Standing Committee, but
have been reviewed for consistency with similar provisions being proposed in other federal rules.
I call to your special attention proposed Rule 83(a)(2), which contains provisions not, as I understand
it, being incorporated in the proposals from the other Advisory Committees. We do not assert that
these provisions are merited by special circumstances unique in the Civil Rules; rather, we remain
convinced that the principle contained in Rule 83(a)(2) would be generally appropriate as a
limitation on enforcement of all local rules. We ask that this remaining difference in the views of
the several Advisory Committees be resolved by the Standing Committee.
We request that the Standing Committee authorize publication of these proposals, affording
the bench, bar, and public an opportunity to comment on the proposed amendments. Public
hearings would also be needed. We suggest, however, that the Standing Committee consider
postponing the time for publication, comments, and public hearings until after Congress has had time
to evaluate the substantial changes in the Civil Rules adopted by the Supreme Court in April 1993.
For that reason, we have not suggested any particular times or places for holding public hearings on
the current proposals.
Sincerely,
Sam C. Pointer, Jr., Chairman
Advisory Committee on Civil Rules
cc:   Secretary and Reporter, Standing Committee
Chairmen, other Advisory Committees
Reporter, Advisory Committee on Civil Rules

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