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Materials About the Federal Rules
The materials listed below, produced or made available by the Center, are related to the Federal Rules of Practice and Procedure (appellate, bankruptcy, civil, criminal, and evidence).
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Displaying 231 - 235 of 235
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Case Commentary: Saada v. Golan, 833 Fed. App'x 829 (2d Cir. 2021) Motion to Set Aside In this case, a motion to set aside judgment under Rule 60(b) was denied for failure to raise material disputed fact. The party must show evidence of a disputed material to support a motion to set aside a judgment based on newly discovered evidence. Holding The appellate court affirmed district court’s denial of motion to set aside judgment pursuant to Rule 60(b) without holding evidentiary hearing. Facts In Saada I,[1] the district court found that the mother removed the parties’ child from the child’s habitual residence in Italy. That decision was affirmed in part and vacated in part by the Second Circuit in Saada II.[2] The Second Circuit found that the performance of the undertakings by the father could not be guaranteed. The case was remanded for the district court to conduct further proceedings and determine whether alternative ameliorative measures could be adopted to ensure the child’s safety upon return to Italy. On remand in Saada III[3] the district court again ordered the child returned to Italy, based upon rulings by an Italian court including a stay-away order, mandatory psychological evaluations, and providing the mother compensation for expenses incurred because of the need to relocate to Italy. The Second Circuit affirmed (Saada IV).[4] Shortly thereafter the mother filed a motion pursuant to Rule 60(b) to set aside the judgment based upon evidence that the father did not intend to comply with the Italian court’s orders—the basis for the district court’s ameliorative measures for the child’s return. The district court denied the mother’s motion without granting her request for an evidentiary hearing. Discussion The Second Circuit held that a party is not automatically entitled to an evidentiary hearing on a motion to set aside a judgment. The district court was well within its discretion to deny the motion because there was insufficient evidence raising a dispute concerning a material fact. In addition, the district court noted that even if the grounds for the motion were known at the time of trial, these facts would not have changed the court’s judgment. The Second Circuit stayed the judgment denying the Rule 60(b) motion pending a decision on the mother’s petition for writ of certiorari to the U.S. Supreme Court.[5] [1]. Saada v. Golan, No. 18-CV-5292(AMD)(LB), 2019 WL 1317868 (E.D.N.Y. Mar. 22, 2019). |
Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 60 | November 17, 2022 |
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Electronic Filing in State Courts This report presents the results of an analysis of electronic filing practices in state courts to identify courts that require attorneys to complete electronic filings on the due date before a certain time other than midnight local time. We examined state-court systems in thirty states, chosen to include at least half of the states that comprise each of the eleven federal numbered circuits. An appendix includes rule excerpts. This report supplements a report on Electronic Filing Times in Federal Courts. |
Federal Rules of Practice and Procedure | November 22, 2022 |
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Amendments to the Federal Rules of Practice and Procedure 2023—Transmittal to Congress This package of materials was transmitted to Congress on April 24, 2023, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2023. Amendments to the Federal Rules of Practice and Procedure are as follows:
Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage). Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies. |
Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 2, Fed. R. App. P. 26, Fed. R. App. P. 4, Fed. R. App. P. 45, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 3011, Fed. R. Bankr. P. 8003, Fed. R. Bankr. P. 9006, Fed. R. Bankr. P. 9038, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16, Fed. R. Crim. P. 45, Fed. R. Crim. P. 56, Fed. R. Crim. P. 62, Federal Rules of Evidence, Fed. R. Evid. 106, Fed. R. Evid. 615, Fed. R. Evid. 702 | April 24, 2023 |
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Amendments to the Federal Rules of Practice and Procedure 2024—Transmittal to the Judicial Conference This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2024.
Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage). Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies. |
Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 32, Fed. R. App. P. 35, Fed. R. App. P. 40, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 4004, Fed. R. Bankr. P. 5009, Fed. R. Bankr. P. 7001, Fed. R. Bankr. P. 9006, Federal Rules of Civil Procedure, Fed. R. Civil P. 12, Federal Rules of Evidence, Fed. R. Evid. 1006, Fed. R. Evid. 613, Fed. R. Evid. 801, Fed. R. Evid. 804 | August 15, 2023 |
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Amendments to the Federal Rules of Practice and Procedure 2024—Transmittal to the Supreme Court This package of materials was transmitted to the U.S. Supreme Court on October 23, 2023, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2024. This contains proposed amendments to Federal Rules of Appellate Procedure 32, 35, and 40 and appendix on length limits; Federal Rules of Bankruptcy Procedure 1007, 4004, 5009, 7001, and 9006, new rule 8023.1, and all restyled rules; Federal Rule of Civil Procedure 12; and Federal Rules of Evidence 613, 801, 804, and 1006 and new rule 107. Additional information about these amendments is available at Amendments to the Federal Rules of Practice and Procedure (webpage). Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies. |
Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 35, Fed. R. App. P. 40, Fed. R. App. P. 32, Federal Rules of Evidence, Fed. R. Evid. 613, Fed. R. Evid. 804, Fed. R. Evid. 801, Fed. R. Evid. 107, Fed. R. Evid. 1006, Federal Rules of Civil Procedure, Fed. R. Civil P. 12, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 4004, Fed. R. Bankr. P. 5009, Fed. R. Bankr. P. 7001, Fed. R. Bankr. P. 8023, Fed. R. Bankr. P. 8023.1, Fed. R. Bankr. P. 9006 | October 23, 2023 |