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2004 Rep. Advisory Comm. on Civ. Rules 1 (2004)

handle is hein.usfed/adcvru0037 and id is 1 raw text is: To:       Honorable David F. Levi, Chair, Standing Committee on
Rules of Practice and Procedure
From:     Honorable Lee H. Rosenthal, Chair, Advisory Committee on
Federal Rules of Civil Procedure
Date:     May 17, 2004
Re:       Report of the Civil Rules Advisory Committee
The Civil Rules Advisory Committee met at a conference on electronic discovery at Fordham
Law School on February 20-21, 2004, and met again at the Administrative Office of the United
States Courts on April 15-16,2004. Style Subcommittees A and B met at Fordham Law School, one
on February 19 and the other on February 21. The Discovery Subcommittee met on March 20 at the
Administrative Office of the United States Courts. The several Subcommittees also met by
conference calls during the time since the January meeting of the Standing Committee. Draft
Minutes of the April Advisory Committee meeting are attached.
Part I of this report presents action items. Part I A recommends transmission for approval of
amendments to Civil Rules 6(e), 27, and 45, as well as Supplemental Rules B and C. These
proposals were published for comment in August 2003. A new Rule 5.1 and conforming
amendments to Rule 24(c) also were published last August, but the Advisory Committee has tabled
discussion of these proposals for further work.
Part I B recommends several proposals for publication for comment in August 2004. One
proposal is to amend Rule 50. A package of proposals aimed at discovery of electronically stored
information includes amendments to Rules 16, 26, 33, 34, 37, and 45, along with a related
amendment of Form 35. Another package includes a new Supplemental Rule G for civil asset
forfeiture actions, along with conforming amendments of Supplemental Rules A, C, and E.
Part I C recommends approval for publication early in 2005 of Style Rules 38 through 63, minus
Style Rule 45 which was approved for later publication at the January 2004 Standing Committee

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