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2005 Rep. Advisory Comm. on Civ. Rules 1 (2005)

handle is hein.usfed/adcvru0038 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIALCONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544
DAVID F. LEVI                                                          CHAIRS OF ADVISORY COMMITrEES
CHAIR
SAMUEL A. ALITO, JR.
PETER G. McCABE                                                                  APPELLATERULES
SECRETARY
THOMAS S. ZILLY
BANKRUPTCY RULES
LEE H. ROSENTHAL
CIVIL RULES
SUSAN C. BUCKLEW
To:          Honorable David F. Levi, Chair, Standing                     CRIMINALRULES
Committee on Rules of Practice and Procedure                JERRY E. SMITH
EVIDENCE RULES
From:        Honorable Lee H. Rosenthal, Chair, Advisory Committee on the
Federal Rules of Civil Procedure
Date:        May 27, 2005
Re:          Report of the Civil Rules Advisory Committee
Introduction
The Civil Rules Advisory Committee held three hearings in 2005 on proposed rules
amendments published for comment in August 2004. The hearings were held on January 12 in San
Francisco, January 28 in Dallas, and February 1 and 12 in Washington, D.C. The Committee met
at the Administrative Office of the United States Courts on April 14-15, 2005. Draft minutes of the
April 2005 meeting are attached. Summaries of the written comments and testimony presented at
the hearings are also provided with the several recommendations of proposed rule amendments for
adoption.
Parts I and II present action items. Part I recommends transmission for approval of
amendments to several rules. Rules 5(e) and 50(b) come first. The next set of rule amendments is
a comprehensive package addressing discovery of electronically stored information, including
revisions of Rules 16, 26, 33, 34, 37, and 45, as well as Form 35. The last set of rule amendments
recommended for approval is a new Supplemental Rule G governing civil forfeiture actions; this
package includes conforming changes to other Supplemental Rules, including the title and Rules A,
C, and E. Part I includes a conforming amendment to Rule 26(a)(1) that was published with Rule
G and conforming amendments to Rules 9(h) and 14 and 26(a)(1)(E) that are recommended for
adoption without publication. For each of the four categories of rule amendments recommended for
approval, these materials set out a brief introductory discussion, followed by the text of the proposed
rule amendment and Committee Note and a summary and explanation of the changes made since
publication.
Part 11 recommends publication for comment of a new Rule 5.2, the Civil Rules version of
the E-Government Act rules. The Appellate, Bankruptcy, and Criminal Rules Advisory Committees
have made similar recommendations.
Part il presents information items, briefly noting a few of the projects on the agenda for
future work.

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