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2002 Rep. Advisory Comm. on Civ. Rules 1 (2002)

handle is hein.usfed/adcvru0035 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OFTHE UNITED STATES
WASHINGTON, D.C. 20544
ANTHONY J. SCIRICA                                                      CHAIRS OF ADVISORY COMMITTEES
CHAIR
SAMUEL A. ALITO, JR.
PETER G. McCABE                                                               APPELLATE RULES
SECRETARY
A. THOMAS SMALL
BANKRUPTCY RULES
DAVID F. LEVI
CIVIL RULES
EDWARD E. CARNES
TO:   Honorable Anthony J. Scirica, Chair, Standing Committee            CRIMINALRULES
MILTON I. SHADUR
on Rules of Practice and Procedure                               EVIDENCE RULES
From: David F. Levi, Chair, Advisory Committee
on the Federal Rules of Civil Procedure
Date: May 20, 2002
Re:   Report of the Civil Rules Advisory Committee
Introduction
The Civil Rules Advisory Committee met on January 22 and 23 at the Administrative
Office of the United States Courts in Washington, D.C., and on May 6 and 7 in San Francisco.
The January meeting was held in conjunction with the second public hearing on proposed
Civil Rules amendments that were published for comment in August 2001. The meeting focused
on items that were carried forward on the Committee agenda for future action. The Committee
asked for preparation of a resolution on possible legislative approaches to overlapping class
actions, a matter that is presented for action with the report on the May meeting.
The May meeting was devoted almost entirely to discussion of the August 2001 proposals
in light of the voluminous testimony and comments. As with earlier Civil Rules proposals, the
testimony and comments were enormously helpful. Significant improvements in the published
proposals are recommended, but none of the changes departs from the published proposals in a
way that would require republication.
Part I of this report describes the three rules that were published for comment in August
2001 and are recommended for submission to the Judicial Conference and Supreme Court for
adoption. A brief introductory summary of these rules is provided here. The format adopted for
the detailed recommendations is guided by the nature of the changes. Rules 51 and 53 are
completely rewritten. Rule 23 subdivision (c) is substantially rewritten, subdivision (e) is
completely rewritten, and subdivisions (g) and (h) are new. The Rule 51 materials are relatively
brief, but the Rule 53 and Rule 23 materials are lengthy. To facilitate discussion, each rule is
introduced by a clean text of the rule and Committee Note as recommended for adoption. The

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