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2003 Rep. Advisory Comm. on Civ. Rules 1 (2003)

handle is hein.usfed/adcvru0036 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICEAND PROCEDURE
OF THE
JUDICIAL CONFERENCE OF THE 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
To:          Honorable Anthony J. Scirica, Chair, Standing Committee  EDWARD E. CARNES
on Rules of Practice and Procedure                         CRIMINALRULES
From:        David F. Levi, Chair, Advisory Committee                  JERRY E. SMITH
EVIDENCE RULES
on the Federal Rules of Civil Procedure
Date:        May 21, 2003
Re:          Report of the Civil Rules Advisory Committee
Introduction
The Civil Rules Advisory Committee met on May 1 and 2 at the Administrative Office of
the United States Courts in Washington, D.C. Its Style Subcommittee B met there on April 30, while
Style Subcommittee A met on May 2 following the conclusion of the Advisory Committee meeting.
Subcommittees A and B also met in Scottsdale, Arizona, on January 25 and 26. Draft Minutes of
the Advisory Committee meeting are attached.
Part I of this report describes recommendations to publish for comment in two parts. Part
IA recommends four proposals for immediate publication along with the amendments to Admiralty
Rules B and C approved for publication at the January meeting. Part J13 recommends Style Rules
1-15 for publication at a later time.
Part II of this report is an informational summary of matters described more fully in the draft
Minutes.
I ACTION ITEMS: NEW RULE 5.1 AND AMENDED RULES 6(e), 27(a), AND 45(a) FOR
PUBLICATION; STYLE RULES 1-15 FOR DEFERRED PUBLICATION
Part IA recommends immediate publication for comment of a new Rule 5.1 and amended
Rules 6(e), 27(a), and 45(a). Part lB recommends approval for later publication of Style Rules 1-15.
A. Rules For Immediate Publication
The Advisory Committee recommends publication for comment of new Civil Rule 5.1 and
amendments to Rules 6(e), 27(a), and 45(a).
Rule 5.1
The project that led to development of proposed Rule 5.1 arose from a suggestion stimulated
by the publication of Appellate Rule 44(b) for comment. Rule 44(b) expanded Rule 44 to address
the procedure for notifying a court of appeals that a party questions the constitutionality of a state
statute. Judge Barbara B. Crabb responded to publication of the proposed amendment by suggesting

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