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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).

Click here for curated content on Rules of Practice and Procedure.

Reports and Studies.

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Chapter 9 Online Resource Repository

This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases. Documents are included from cases filed by variety of debtors: cities, townships, and counties; medical-related entities, such as county hospitals and authorities; and political subdivisions, such as sanitary and improvement districts, water districts, and off-track betting authorities.

The materials have been placed into the following categories. Some documents relating to multiple categories have been placed in the most relevant categories and cross-references are made between the categories. Some significant documents have been put into more than one category.

We welcome suggestions about other materials that may be helpful to courts for inclusion in the Chapter 9 repository. Please send your ideas and materials to Beth Wiggins at ch9bankr_repository@fjc.gov.

 Federal Rules of Practice and Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2004, Fed. R. Bankr. P. 9019 November 7, 2017
Remote Participation in Bankruptcy Court Proceedings

This guide on the use of distance participation (DP) technology to conduct bankruptcy hear­ings and trials provides an overview of general considerations, ranging from philo­sophical to practical, and then examines separately the use of the teleconferencing and videoconferencing. Each district, and indeed each judge, must decide whether to use DP technology, and if so, how to use it. The goals of this guide are to aid in making those decisions, and to encourage the use of DP technology so as to promote access to the courts, make the best use of existing judicial re­sources, and contain costs while maintaining the quality of court pro­ceedings and compliance with the Federal Rules of Bankruptcy Proce­dure, the Federal Rules of Evidence, and other legal authority. Its suggestions are based on the varied experiences of bankruptcy judges and clerks of court around the country.

This guide was prepared at the request of the Judicial Conference of the United States Committee on the Admin­istration of the Bankruptcy System. The guide builds on a 2005 FJC Roundtable and Report and reflects technological ad­vances and the courts’ increased ex­perience with DP technology.

PDFs of the guide and appendices are below. Appendix B: Sample Case-Management Orders is a separate webpage.

 Federal Rules of Bankruptcy Procedure, Federal Rules of Evidence November 15, 2017
Amendments to the Federal Rules of Practice and Procedure: Evidence 2017—Self-Authenticating Electronic Evidence

Federal Rules of Evidence 902(13) and 902(14), which became effective on December 1, 2017, provide for the self-authentication of electronic evidence. Under these rules, electronic evidence can be authenticated by certification instead of by testimony. Rule 902(13) applies to electronic evidence such as computer files, social media posts, and smart device data. Rule 902(14) applies to electronic copies.

 Federal Rules of Practice and Procedure, Federal Rules of Evidence, Fed. R. Evid. 902 December 1, 2017
Amendments to the Federal Rules of Practice and Procedure 2018—Transmittal to Congress

This package of materials was transmitted to Congress on April 26, 2018, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

Amendments to the Federal Rules of Practice and Procedure are as follows:

  • Amendments to Federal Rules of Appellate Procedure 8, 11, 25, 26, 28.1, 29, 31, 39, and 41, and Forms 4 and 7.
  • Amendments to Federal Rules of Bankruptcy Procedure 3002.1, 5005, 7004, 7062, 8002, 8006, 8007, 8010, 8011, 8013, 8015, 8016, 8017, 8021, 8022, and 9025, new Rule 8018.1, and new Part VIII Appendix.
  • Amendments to Federal Rules of Civil Procedure 5, 23, 62, and 65.1.
  • Amendments to Federal Rules of Criminal Procedure 12.4, 45, and 49.

Additional information about these amendments is available on the 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. 11, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 28, Fed. R. App. P. 28.1, Fed. R. App. P. 29, Fed. R. App. P. 31, Fed. R. App. P. 39, Fed. R. App. P. 41, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 3002.1, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 7062, Fed. R. Bankr. P. 8002, Fed. R. Bankr. P. 8006, Fed. R. Bankr. P. 8007, Fed. R. Bankr. P. 8010, Fed. R. Bankr. P. 8011, Fed. R. Bankr. P. 8013, Fed. R. Bankr. P. 8015, Fed. R. Bankr. P. 8016, Fed. R. Bankr. P. 8017, Fed. R. Bankr. P. 8018.1, Fed. R. Bankr. P. 8021, Fed. R. Bankr. P. 8022, Fed. R. Bankr. P. 9025, Federal Rules of Civil Procedure, Fed. R. Civil P. 23, Fed. R. Civil P. 5, Fed. R. Civil P. 62, Fed. R. Civil P. 65.1, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 12.4, Fed. R. Crim. P. 45, Fed. R. Crim. P. 49 April 26, 2018
Amendments to the Federal Rules of Practice and Procedure 2019—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, 2019.

  • Amendments to Federal Rules of Appellate Procedure 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39.
  • Amendments to Federal Rules of Bankruptcy Procedure 4001, 6007, 9036, and 9037.
  • New Federal Rule of Criminal Procedure 16.1 and amendments to Rules 5 of rules governing habeas corpus proceedings.
  • Amendments to Federal Rules of Evidence 807.

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. 13, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 26.1, Fed. R. App. P. 28, Fed. R. App. P. 3, Fed. R. App. P. 32, Fed. R. App. P. 39, Fed. R. App. P. 5, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 4001, Fed. R. Bankr. P. 6007, Fed. R. Bankr. P. 9036, Fed. R. Bankr. P. 9037, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16.1, Fed. R. Crim. P. 5, Federal Rules of Evidence, Fed. R. Evid. 807 September 15, 2018
Amendments to the Federal Rules of Practice and Procedure 2019—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 24, 2018, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2019.

This contains proposed amendments to Federal Rules of Appellate Procedure 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39; Federal Rules of Bankruptcy Procedure 4001, 6007, 9036, and 9037; Federal Rules of Criminal Procedure 5 of the rules governing habeas corpus proceedings; and Federal Rule of Evidence 807; and proposed new Federal Rule of Criminal Procedure 16.1.

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. 13, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 26.1, Fed. R. App. P. 28, Fed. R. App. P. 3, Fed. R. App. P. 32, Fed. R. App. P. 39, Fed. R. App. P. 5, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 4001, Fed. R. Bankr. P. 6007, Fed. R. Bankr. P. 9036, Fed. R. Bankr. P. 9037, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16.1, Federal Rules of Evidence, Fed. R. Evid. 807 October 24, 2018
Mandatory Initial Discovery Pilot Project Model Checklist

A checklist itemizing the procedural requirements of the Mandatory Initial Discovery Pilot Project. The checklist is designed to be helpful to judges presiding over pilot cases and to attorneys participating in pilot cases as pilot requirements apply to the initial stages of discovery. The pilot project is scheduled to begin in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

 
A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure November 1, 2018
Mandatory Initial Discovery Pilot Project Model Users' Manual

A detailed description of the Mandatory Initial Discovery Pilot Project, which began in participating courts as early as May 1, 2017.

Currently there are two courts participating in this pilot project:

 
A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure November 1, 2018
Northern District of Illinois Mandatory Initial Discovery Pilot Project Standing Order

Beginning on June 1, 2017, the Northern District of Illinois is participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery reduces the cost and delay of civil litigation. In this pilot project, when making mandatory initial discovery responses parties are required to disclose both favorable and unfavorable information that is relevant to their claims or defenses regardless of whether they intend to use the information in their cases.

General Order 17-0005 specifies that a Standing Order will be entered in all covered cases. The Standing Order, In re Mandatory Initial Discovery Pilot Program in the Northern District of Illinois, explains the parties’ obligations under the pilot project and sets forth the initial discovery requests to which the parties must respond. All civil cases assigned to participating judges, except those categories of cases exempted by the Standing Order, are included in the pilot program and subject to the Standing Order.

A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project in the Northern District of Illinois.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure December 1, 2018
Unsuccessful Attempt at Federal Mandamus Relief Against State Election Officials

Fox v. Detzner (Mark E. Walker, N.D. Fla. 4:18-cv-529)
A district judge denied as beyond the court’s jurisdiction a federal mandamus action seeking an order requiring state election officials to follow the law. The judge also denied a request for a temporary restraining order because the plaintiffs did not comply with the notice requirements of Federal Rule of Civil Procedure 65.
Subject: Voting procedures. Topics: Voting technology; matters for state courts; case assignment.

One of many Case Studies in Emergency Election Litigation.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 65 April 3, 2019

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