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Amendments to the Federal Rules of Practice and Procedure

Wednesday, December 4, 2019

Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, and Criminal Procedure, the Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts adopted by the Supreme Court and transmitted to Congress on April 25, 2019. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following took effect on December 1, 2019:

  • Appellate Rules 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39.
    • Rule 3       Appeal as of Right-How Taken
    • Rule 5       Appeal by Permission
    • Rule 13     Appealsfrom the Tax Court
    • Rule 21     Writs of Mandamus and Prohibition, and Other Extraordinary Writs
    • Rule 25     Filing and Service
    • Rule 26     Computing and Extending Time
    • Rule 26.1  Disclosure Statement
    • Rule 28     Briefs
    • Rule 32     Form of Briefs, Appendices, and Other Papers
    • Rule 39     Costs
  • Bankruptcy Rules 4001, 6007, 9036, and 9037
    • Rule 4001  Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements
    • Rule 6007  Abandonment or Disposition of Property
    • Rule 9036  Notice and Service Generally
    • Rule 9037  Privacy Protection for Filings Made with the Court
  • Criminal Rule 16.1
    • Rule 16.1 (new)  Pretrial Discovery Conference; Request for Court Action
  • Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts and Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts
    • Rule 5  The Answer and the Reply
  • Evidence Rule 807
    • Rule 807  Residual Exception

Under 28 U.S.C. §§ 2074(a) and 2075, and the Supreme Court orders dated April 25, 2019, the amendments govern all proceedings commenced on or after December 1, 2019, and all proceedings  then pending "insofar as just and practicable." The text of the new and amended rules, and the accompanying committee notes—along with extensive supporting documentation related to their  adoption—are posted on the "Current Rules" page of the Judiciary's website at: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure.

In addition, one amended official bankruptcy form and one new Director's form became effective on December 1, 2019. As approved by the Judicial Conference, amendments to the official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The forms are posted on the website at: https://www.uscourts.gov/forms/bankruptcy-forms.

  • Official Bankruptcy Form 122A-1 and Director's Form 1340
    • Official Form 122A-1 Chapter 7 Statement of Your Current Monthly Income
    • Form 1340 (new) Application for Payment of Unclaimed Funds

 

Source: USCOURTS