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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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Reports and Studies.

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Amendments to the Federal Rules of Practice and Procedure 2022—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, 2022.

  • Amendments to Federal Rules of Appellate Procedure 25 and 42
  • Amendments to Federal Rules of Bankruptcy Procedure 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3018, 3019, 5005, 7004, and 8023; new rule 3017.2; and amendments to form 122B to become effective December 1, 2021
  • Adoption of new Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g)
  • Amendments to Federal Rule of Criminal Procedure 16

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. 25, Fed. R. App. P. 42, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 1020, Fed. R. Bankr. P. 2009, Fed. R. Bankr. P. 2012, Fed. R. Bankr. P. 2015, Fed. R. Bankr. P. 3002, Fed. R. Bankr. P. 3010, Fed. R. Bankr. P. 3011, Fed. R. Bankr. P. 3014, Fed. R. Bankr. P. 3016, Fed. R. Bankr. P. 3017.1, Fed. R. Bankr. P. 3017.2, Fed. R. Bankr. P. 3018, Fed. R. Bankr. P. 3019, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 8023, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16 September 1, 2021
Amendments to the Federal Rules of Practice and Procedure 2022—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 18, 2021, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.

This contains proposed amendments to Federal Rules of Appellate Procedure 25 and 42; proposed amendments to Federal Rules of Bankruptcy Procedure 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3018, 3019, 5005, 7004, and 8023 and new rule 3017.2; proposed amendments to Federal Rule of Civil Procedure 7.1; adoption of new Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g); and proposed amendments to Federal Rule of Criminal Procedure 16.

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. 25, Fed. R. App. P. 42, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 1020, Fed. R. Bankr. P. 2009, Fed. R. Bankr. P. 2012, Fed. R. Bankr. P. 2015, Fed. R. Bankr. P. 3002, Fed. R. Bankr. P. 3010, Fed. R. Bankr. P. 3011, Fed. R. Bankr. P. 3014, Fed. R. Bankr. P. 3016, Fed. R. Bankr. P. 3017.1, Fed. R. Bankr. P. 3017.2, Fed. R. Bankr. P. 3018, Fed. R. Bankr. P. 3019, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 8023, Federal Rules of Civil Procedure, Fed. R. Civil P. 7.1, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16 October 18, 2021
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:

  • Amendments to Federal Rules of Appellate Procedure 2, 4, 26, and 45.
  • Amendments to Federal Rules of Bankruptcy Procedure 3011, 8003, and 9006 and new rule 9038.
  • Amendments to Federal Rule of Criminal Procedure 16, 45, and 56 and new rule 62.
  • Amendments to Federal Rules of Evidence 106, 615, and 702.

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
Amendments to the Federal Rules of Practice and Procedure 2023—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, 2023.

  • Amendments to Federal Rules of Appellate Procedure 2 and 4
  • Amendments to Federal Rules of Bankruptcy Procedure 3002.1, 3011, and 8003; new rule 9038; official forms 101, 309E1, 309E2, and 417A; and new official forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R
  • Amendments to Federal Rules of Civil Procedure 15 and 72 and new rule 87
  • New Federal Rule of Criminal Procedure 62
  • Amendments to Federal Rules of Evidence 106, 615, and 702

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. 4, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 3002.1, Fed. R. Bankr. P. 3011, Fed. R. Bankr. P. 8003, Fed. R. Bankr. P. 9038, Federal Rules of Civil Procedure, Fed. R. Civil P. 15, Fed. R. Civil P. 72, Federal Rules of Evidence, Fed. R. Evid. 106, Fed. R. Evid. 615, Fed. R. Evid. 702 August 23, 2022
Amendments to the Federal Rules of Practice and Procedure 2023—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 19, 2022, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2023.

This contains proposed amendments to Federal Rules of Appellate Procedure 2, 4, 26, and 45; Federal Rules of Bankruptcy Procedure 3011, 8003,and 9006, and new Rule 9038; Federal Rules of Civil Procedure 6, 15, and 72, and new Rule 87; Federal Rules of Criminal Procedure 16, 45, and 56, and new Rule 62; and Federal Rules of Evidence 106, 615, and 702.

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. 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 Civil Procedure, Fed. R. Civil P. 15, Fed. R. Civil P. 6, Fed. R. Civil P. 72, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16, Fed. R. Crim. P. 45, Fed. R. Crim. P. 56, Federal Rules of Evidence, Fed. R. Evid. 106, Fed. R. Evid. 615, Fed. R. Evid. 702 October 19, 2022
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.

  • Amendments to Federal Rules of Appellate Procedure 32, 35, and 40 and appendix on length limits
  • Amendments to Federal Rules of Bankruptcy Procedure 1007, 4004, 5009, 7001, and 9006; new rule 8023.1; official form 410A; and all restyled rules
  • Amendments to Federal Rule of Civil Procedure 12
  • Amendments to Federal Rules of Evidence 613, 801, 804, and 1006 and new rule 107

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
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
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015

Video Series: The amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, reformed discovery rules for the sake of efficiency, including cost containment. The amendments are not intended to deprive parties in civil litigation of proof or defense.

The first video in this series of five short videos provides an overview of the amendments. The other four videos address the four primary themes of the amendments. Also posted on this website is text of Amendments to the Federal Rules of Practice and Procedure.

Discussion of these amendments is the principal topic of The Chief Justice's 2015 Year-End Report.

Overview
Amendments to the Federal Rules of Civil Procedure, which became effective on December 1, 2015, foster more cost-effective discovery through cooperation, proportionality, early and active case management, and considerations of electronically stored information (ESI). This video is an overview of amendments to Rules 1, 16, 26, 34, and 37.

Cooperation
An amendment to Federal Rule of Civil Procedure 1, which became effective on December 1, 2015, resulted from a finding that civil litigation is resolved more quickly and less expensively when parties and lawyers cooperate. The amendment makes explicit that the rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."

Proportional Discovery
This video describes amendments to Federal Rules of Civil Procedure 26(b)(1), 26(c)(1)(B), 26(d), and 34 that became effective on December 1. Amendments to Rule 26(b)(1) are designed to promote proportional discovery: discovery tailored by the judge and the parties to meet the reasonable needs of the case. Proportional discovery provides the information needed by the litigants to prove their cases, but avoids excess and waste. Judges are encouraged to engage in a dialogue with the parties regarding the amount of discovery reasonably needed to resolve the litigation. This video also describes amended Rule 26(c)(1)(B) on cost shifting, an amendment to Rule 26(d) on document production, and changes to Rule 34 on objections to document production requests.

Early and Active Case Management
Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, respond to findings that early intervention by judges helps to narrow issues and reduce discovery. Litigation results are more satisfactory when a judge actively manages a case from the beginning and stays involved. The amendments do not break new ground; they emphasize the importance of early, hands-on, and continuing case management. The times for service of a complaint and the time for holding an initial case-management conference are reduced. The rules now recognize that live conferences are almost always the most effective way to identify the needs of a case and issue orders tailored to efficient resolution. Discovery disputes should be addressed by discussion before motion. The amendments also concern preservation of electronically stored information (ESI) and Federal Rule of Evidence 502's protections against inadvertent waiver of the attorney–client privilege and work-product protections.

Failure to Preserve Electronically Stored Information
Amendments to Federal Rule of Civil Procedure 37(e), which became effective on December 1, 2015, specify that sanctions for failure to preserve electronically stored information (ESI) require findings that (1) the ESI should have been preserved in the anticipation of litigation, (2) the party failed to take reasonable steps to preserve it, and (3) it cannot be restored or replaced through additional discovery. The rule does not create a duty to preserve ESI. Instead, it leaves in place the common-law duty.

 Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 34, Fed. R. Civil P. 37, Fed. R. Evid. 502 December 1, 2015
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Cooperation

An amendment to Federal Rule of Civil Procedure 1, which became effective on December 1, 2015, resulted from a finding that civil litigation is resolved more quickly and less expensively when parties and lawyers cooperate. The amendment makes explicit the rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."

The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:

Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 1 December 1, 2015
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—Early and Active Case Management

Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, respond to findings that early intervention by judges helps to narrow issues and reduce discovery. Litigation results are more satisfactory when a judge actively manages a case from the beginning and stays involved. The amendments do not break new ground; they emphasize the importance of early, hands-on, and continuing case management. The times for service of a complaint and the time for holding an initial case-management conference are reduced. The rules now recognize that live conferences are almost always the most effective way to identify the needs of a case and issue orders tailored to efficient resolution. Discovery disputes should be addressed by discussion before motion. The amendments also concern preservation of electronically stored information (ESI) and Federal Rule of Evidence 502's protections against inadvertent waiver of the attorney–client privilege and work-product protections.

The following videos also relate to Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015:

Also posted at this website is text of Amendments to the Federal Rules of Practice and Procedure.

 Federal Rules of Practice and Procedure, Federal Rules of Evidence, Fed. R. Evid. 502 December 1, 2015

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