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2009 Rep. Advisory Comm. on Civ. Rules 1 (2009)

handle is hein.usfed/adcvru0042 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 8, 2009
Re:          Report of the Civil Rules Advisory Committee
Introduction
The Civil Rules Advisory Committee met in San Francisco on February 2 and 3, 2009, and
in Chicago on April 20 and 21, 2009. Draft Minutes of these meetings are attached.
Proposed amendments of Civil Rules 26 and 56 were published for comment in August 2008.
The first of three scheduled hearings on these proposals was held through the morning on November
17, before the Committee's November meeting began. The remaining hearings were held on January
14, 2009, following the Standing Committee meeting in San Antonio, and on February 2 in San
Francisco.
Four action items are presented in this report. Part I A recommends approval of a
recommendation to adopt the amendments to Rule 26, with revisions from the proposal as published.
Part I B recommends approval of a recommendation to adopt the amendments to Rule 56, with
revisions of the proposal as published. Part I C recommends approval of a recommendation to delete
discharge in bankruptcy from the list of affirmative defenses in Rule 8(c) as published in August
2007. Part II recommends publishing a revision of Supplemental Rule E(4)(f), deferring publication
until a suitable time for publication along with other proposals.

future.

Part III presents for discussion several items that will occupy the Committee in the near

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