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2007 Rep. Advisory Comm. on Civ. Rules 1 (2007)

handle is hein.usfed/adcvru0040 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OF THE UNITED STATES
WASHINGTON, D.C. 20544
DAVID F. LEVI                                                        CHAIRS OF ADVISORY COMMITTEES
CHAIR
CARL E. STEWART
PETER G. McCABE                                                                APPELLATE RULES
SECRETARY
THOMAS S. ZILLY
BANKRUPTCY RULES
LEE H. ROSENTHAL
CIVIL RULES
SUSAN C. BUCKLEW
CRIMINAL RULES
JERRY E. SMITH
EVIDENCE RULES
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 25, 2007
Re:          Report of the Civil Rules Advisory Committee
Introduction
The Civil Rules Advisory Committee met at the Brooklyn Law School on April 19-20, 2007
Draft Minutes of the meeting are attached. Subcommittees held three miniconferences. The
Discovery Subcommittee met with a group of lawyers after the January Standing Committee meeting
to discuss reports from and discovery of testifying expert witnesses. In April, the day before the
Advisory Committee meeting, the Discovery Subcommittee met in New York with a group of New
Jersey lawyers to explore experience with a New Jersey rule addressing some of the expert-witness
disclosure and discovery issues. The Rule 56 Subcommittee met in'New York in late January with
a large group of lawyers and judges to review possible approaches to revising Rule 56.
No rules were published for comment in August 2006, and no amendments are recommended
for adoption.
Part I of this report presents three sets of proposed amendments recommended for approval
for publication in August 2007. The first set is amendments that result from or relate to the Time-
Computation Project. Proposed Rule 6(a) implements for the Civil Rules the time-computation
methods template developed by the Time-Computation Subcommittee for parallel provisions in the
Civil, Appellate, Bankruptcy, and Criminal Rules. Revisions of other Civil Rules are also proposed,
most adjusting for elimination of the former rule that excluded intermediate Saturdays, Sundays, and
legal holidays in computing periods shorter than 11 days. A final amendment related to the Time-
Computation Project adds commonwealths, territories, and possessions to the Rule 81 definition of
state.
The second set proposes publication of amendments to regularize Rule 56 summary-
judgment procedures without revising summary-judgment standards. This set of proposals also has
a tie to time computation. Proposed Rule 56(a) makes needed changes in the timing rules and is
independently recommended for publication as part of the Time-Computation Project.

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