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1996 Rep. Advisory Comm. on Civ. Rules 1 (1996)

handle is hein.usfed/adcvru0029 and id is 1 raw text is: To:       Honorable  Alicemarie   H.  Stotler,  Chair,
Standing Committee on Rules of Practice and
From:     Patrick  E. Higginbotham,   Chair, Advisory
Committee on Civil Rules
DATE:     May 17, 1996
Re:       Report of the Advisory Committee on Civil
I Introduction
The Advisory Committee on Civil Rules met on April 18 and 19,
1996, at the Administrative Office of the United States Courts in
Washington, D.C. The Committee considered public comments on four
rules that had been published for comment in September, 1995: Civil
Rules 9(h), 26(c), 47(a), and 48. In part II(A) of this Report,
the Committee recommends that the amendments to Rules 9(h) and 48
be  submitted  unchanged  to  the  Judicial  Conference  with  a
recommendation for adoption.     For reasons discussed in this
Introduction, the Committee concluded that Rule 26(c) should be
held for further consideration as part of a new project to study
the general scope of discovery authorized by Rule 26(b) (1) and the
scope of document discovery under Rules 34 and 45.  (This project
is described further in Part III.)   This Introduction also will
describe the Committee conclusion that amendment of Rule 47(a)
should be postponed in favor of efforts to encourage mutual
education and communication between bench and bar on the values of
lawyer participation in the voir dire examination of prospective
Part II(B) of this Report recommends that this Committee
approve for publication and comment revisions of the class action
rule, Civil Rule 23. These proposed revisions result from a course
of Committee study that began when, in March, 1991, the Judicial
Conference requested that this Committee direct the Advisory
Committee on Civil Rules to study whether Rule 23, F.R.C.P. be
amended to accommodate the demands of mass tort litigation. The
proposals address some of the issues that arise in contemporary
mass tort litigation, and address as well some issues that arise in
small-claims class litigation.
Part III provides information about the plan to study the
scope of discovery.
At the end are summaries of public comments and testimony on
published Rules 26(c) and 47(a), separated out because of length.
There follow the Minutes of the November, 1995 meeting and Draft
Minutes of the April, 1996 meeting. The draft April Minutes are
included because they bear directly on the Rule 23 recommendation
described in Part II(B).

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