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1994 Rep. Advisory Comm. on Civ. Rules 1 (1994)

handle is hein.usfed/adcvru0027 and id is 1 raw text is: AGENDA ITEM - 8
Washington, D.C.
June 23-25, 1994
Report to Standing Rules Committee
Advisory Committee on Civil Rules
May 25, 1994
Introduction
The draft minutes of the April 1994 meeting of the Civil Rules
Advisory Committee are attached.   The draft was prepared by the
Committee Reporter, Edward H. Cooper, and reviewed by me. These
minutes supply a detailed account of the matters summarized in this
Report.
Action Items
Proposed Amendments Submitted for Approval To Transmit
to the Judicial Conference
Summary of Amendments
The  Committee  recommends  transmission  to  the   Judicial
Conference of proposed amendments to Civil Rules 50, 52, 59, and
83. The proposals were published for comment on October 15, 1993.
Each of these amendments parallels amendments being proposed by
other advisory committees.    The Committee does not recommend
transmission to the Judicial Conference of proposed amendments to
Rules 26(c), 43(a), and 84 that were published at the same time.
Rule 84 is discussed in this section; Rules 26(c) and 43(a) are
discussed in the next section.
The amendments to Rules 50, 52, and 59 establish a uniform
period for the post-trial  motions authorized by those rules.  A
post-trial motion under any of these rules must be filed no later
than ten days after entry of the judgment. Until now, these rules
have variously required that within the ten-day period the motion
be served and filed, or be made, or be served. Stylistic changes
also have been made to conform to the new style conventions.
The discussion of Rules 50, 52, and 59 is set out at pages 8
to 9 of the draft minutes.
The amendments to Rule 83 deal with local rules and with
orders regulating matters not covered by national or local rules.
In keeping with the language of 28 U.S.C. § 2071, the requirement
of conformity with national statutes and rules would be expressed
by requiring that they be consistent, in place of the present
be not inconsistent. Local rules would be required to conform to
any uniform numbering system prescribed by the Judicial Conference
of the United States. A local rule imposing a requirement of form
could not be enforced in a manner that would cause a party to lose

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