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1995 Rep. Advisory Comm. on Civ. Rules [i] (1995)

handle is hein.usfed/adcvru0028 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
ALICEMARIE H. STOTLER          June 2, 1995         CHAIRS OF ADVISORY COMMITTEES
CHAIR
C                                                 JAMES K. LOGAN
PETER 0, MCCABE                                        APPELLATE RULES
SECRETARY                                             PAUL MANNES
BANKRUPTCY RULES
PATRICK E. HIGGINBOTHAM
CIVIL RULES
TO: Committee on Rules of Practice                 D. LOWELLJENSEN
and Procedure (Standing Committee)              CRIMINAL RULES
RALPH K. WINTER, JR.
EVIDENCE RULES
Dear Colleagues:
The Advisory Committee brings four items requiring action of
the Standing Committee. Please refer to the relevant portions of
the Minutes of the Advisory Committee meeting for greater detail
regarding  each  item.   The  first is a recommendation     for
transmission to the Judicial Conference.   The other three are
recommendations of rules to be published for comment.
Rule 5(e) (see Minutes pp.6-8)
We recommend forwarding to the     I udicial Conference the
attached proposed changes to 5(e) with committee note. A, draft
amendment of Rule 5(e) was published for comment on September 1,
1994. The Committee agreed to the changes to the published draft
at its October 1994 and April 1995 meetings and those changes are
reflected in the draft now before you.
Rule 26(c) (see Minutes pp. 9-10)
We recommend for publication proposed changes to Rule 26(c).
The Judicial Conference at its March 1995 meeting returned to the
Standing Committee for further consideration the amendments to Rule
26 recommended by the rules committees. Judge Stotler referred the
matter to the Advisory Committee, which considered the rule and the
conference action at its meeting in New York in April.      The
Advisory Committee decided to request that the Standing Committee
publish for comment the proposed amended rule as submitted to the
Judicial Conference.
The Judicial Conference voted to delete the words on
stipulation of the parties from the rule and later voted to return
the proposal for further consideration but did not formally
disclose its reasons. Press accounts and statements of Conference
members expressed concern that the proposed rule would change
existing practice by allowing entry of protective orders without a

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