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2008 Rep. Advisory Comm. on Civ. Rules 165 (2008)

handle is hein.usfed/adcvru0041 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
LEE H ROSENTHAL                                                         CHAIRS OF ADVISORY COMMITTEES
CHAIR
CARL E. STEWART
PETER G. McCABE                                                                APPELLATE RULES
SECRETARY
LAURA TAYLOR SWAIN
BANKRUPTCY RULES
MARK R. KRAVITZ
CIVIL RULES
RICHARD C. TALLMAN
CRIMINAL RULES
ROBERT L. HINKLE
EVIDENCE RULES
To:          Honorable Lee H. Rosenthal, Chair, Standing Committee on Rules of Practice
and Procedure
From:        Honorable Mark R. Kravitz, Chair, Advisory Committee on Federal Rules of
Civil Procedure
Date:        May 9, 2008
Re:          Report of the Civil Rules Advisory Committee
Introduction
[he Civil Rules Advisory Committee met in Half Moon Bay, California, on April 7 and 8,
2008. Draft imnutes of the meeting are attached. The Rule 56 Subcommittee held a conference call
after the November 2007 Committee meeting and the Rule 26 Subcommittee held several conference
calls and met in Phoenix on February 28, 2008. The fruits of the subcommittee activities are
reported below in presenting recommendations to publish proposed amendments of Civil Rules 26
and 56 for comment
Several Civil Rules amendments were published for comment in August 2007, including the
Civil Rules part of the Time-Computation Project. The comments were useful but not numerous
All of the proposals, except for Rule 8(c), are recommended for adoption with a few modest
revisions The Time-Computation Project proposals will be separated from the other proposals to
facilitate discussion in conjunction with the Time-Computation Project proposals fiu other sets of
rules
Parts I and I of this Report present the action items. Part L.A presents the Time-Computation
Project proposals for adoption. Part LB presents for adoption the other proposals published In
August 2007, except for Rule 8(c). Part II A recommends for publication a thorough revision of
Rule 56 that regulates the procedure for seeking summary judgment without changing the standard
for granting summaryjudgment. Part 11.B recommends for publication proposals that would amend
parts of the Rule 26 provisions governing disclosure and discovery with respect to expert trial
witnesses Both the Rule 26 proposal and the Rule 56 proposal were presented for preliminary
discussion at this Committee's January 2008 meeting; the proposals have been improved by
incorporating several responses to that discussion
Part ill presents a few infornation Items.

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