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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 Procedure (civil, criminal, evidence, appellate, and bankruptcy).

For a list of projects or other reports of FJC research that the Center has published, click on Research Projects or Reports and Studies.

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Amendments to the Federal Rules of Practice and Procedure 2017—Transmittal to the Judicial Conference

These packages of materials was transmitted to the Judicial Conference, and they include proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

Proposed amendments to the Federal Rules of Practice and Procedure in a September 2016 transmittal are as follows:

  • Amendments to Federal Rules of Bankruptcy Procedure 1001, 1006(b), and 1015(b).
  • Amendments to Federal Rules of Evidence 803(16) and 902.

Proposed amendments to the Federal Rules of Practice and Procedure in a March 2017 transmittal are as follows:

  • Amendment to Federal Rules of Appellate Procedure 4(a)(4)(B).
  • Amendments to Federal Rules of Bankruptcy Procedure 2002, 3002, 3007, 3012, 3015, 4003, 5009, 7001, and 9009, new Rule 3015.1, and new Form 113.
  • Amendment to Federal Rules of Civil Procedure 4(m).

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 & Procedure, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1001, Fed. R. Bankr. P. 1006, Fed. R. Bankr. P. 1015, Federal Rules of Evidence, Fed. R. Evid. 803, Fed. R. Evid. 902 June 27, 2016
Amendments to the Federal Rules of Practice and Procedure 2016—Transmittal to Congress

This package of materials was transmitted to Congress on April 28, 2016, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2016.

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

  • Amendments to Federal Rules of Appellate Procedure 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, and Forms 1, 5, and 6, and adoption of new Form 7 and a new Appendix.
  • Amendments to Federal Rules of Bankruptcy Procedure 1010, 1011, 2002, 3002.1, 7008, 7012, 7016, 9006, 9027, and 9033, and adoption of new Rule 1012.
  • Amendments to Federal Rules of Civil Procedure 4, 6, and 82.
  • Amendments to Federal Rules of Criminal Procedure 4, 41, and 45.

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 & Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 1, Fed. R. App. P. 21, Fed. R. App. P. 25, Fed. R. App. P. 26, Fed. R. App. P. 27, Fed. R. App. P. 28, Fed. R. App. P. 28.1, Fed. R. App. P. 29, Fed. R. App. P. 32, Fed. R. App. P. 35, Fed. R. App. P. 4, Fed. R. App. P. 40, Fed. R. App. P. 5, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1010, Fed. R. Bankr. P. 1011, Fed. R. Bankr. P. 1012, Fed. R. Bankr. P. 2002, Fed. R. Bankr. P. 3002.1, Fed. R. Bankr. P. 7008, Fed. R. Bankr. P. 7012, Fed. R. Bankr. P. 7016, Fed. R. Bankr. P. 9006, Fed. R. Bankr. P. 9027, Fed. R. Bankr. P. 9033, Federal Rules of Civil Procedure, Fed. R. Civil P. 4, Fed. R. Civil P. 6, Fed. R. Civil P. 82, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 4, Fed. R. Crim. P. 41, Fed. R. Crim. P. 45 April 28, 2016
West v. Dobrev (Case Analysis)

West v. Dobrev, 735 F.3d 921 (10th Cir. 2013)

Summary Judgment | Sua Sponte Orders

This case touches on motions for summary judg­ment in connection with Hague Convention cases. Because of the emphasis on expedited proceedings, many courts have used summary judgment procedures to eliminate unmeritorious cases and narrow issues to those where there is a real and material dispute. Rule 56 sets out con­siderations and procedures for summary judgments, and provides that a court may grant a summary judgment where there is no genuine dispute as to any material fact, and the moving party is entitled to judgment as a matter of law.

Facts

Mother petitioned the district court for the return of her two children to Belgium; they were being retained in Utah by their father after the conclusion of their vacation with him. The district court held a preliminary hearing six days after the petition was filed, during which time the parties provided documentation to support their claims. Mother presented evidence that established a prima facie case for the return of the children—that the children’s habitual residence was Belgium, that she had enforceable custody rights, and that father had wrongfully retained the children. Father asserted an Article 13(b) defense that the children would be exposed to a grave risk if returned to Belgium, but he had no actual evidence that he could present that such a grave risk existed. What father really wanted was additional time to be able to investigate whether there was abuse. Based upon the oral and written submissions of the parties, the district court issued a brief written decision granting mother’s petition and ordered the children returned to Belgium.

Discussion

Summary Judgment Procedure. The Tenth Circuit recognized that Article 11 of the Convention exhorts court to act expeditiously to determine petitions made for return of children. The court noted that a district court has a great deal of discretion to determine the procedures necessary to resolve a Hague case. Quoting March v. Levine,[1] the court observed that neither the Convention, nor ICARA, nor any constitutional provisions require that an evidentiary hearing or discovery be allowed, as a matter of right, in Hague Convention proceedings. In this case, mother had easily made out a prima facie case for return, and father was unable to provide any credible evidence that supported his claim of a grave risk under Article 13. At most, his submissions amounted to a “fishing expedition.” Rejecting father’s claims that he had been denied due process by the lack of an evidentiary hearing, the court held that the father had a meaningful opportunity to be heard and no denial of due process occurred.

 

[1]. 249 F.3d 462, 474 (6th Cir. 2001).

 

This document is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.

Fed. R. Civil P. 56, International Law & Litigation, Hague Convention on the Civil Aspects of International Child Abduction, Summary Judgment March 5, 2016
Review of Scientific Literature on the Reliability of Present Sense Impressions and Excited Utterances

This review of scientific literature regarding the reliability of present sense impressions and excited utterances as it pertains to the Federal Rules of Evidence was presented as a memorandum to the Advisory Committee on Rules of Evidence.

Hearsay (801-807), Scientific Evidence, Federal Rules of Practice & Procedure, Federal Rules of Evidence, Fed. R. Evid. 803 March 5, 2016
Amendments to the Federal Rules of Civil Procedure 2015—PowerPoint Presentation

Judge Paul W. Grimm, District of Maryland, developed the attached PowerPoint presentation describing the 2015 amendments to the Federal Rules of Civil Procedure. The amendments reformed discovery rules to maximize efficiency, including cost containment, and were not intended to deprive parties in civil litigation of proof or defense.

Additional information is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Costs of Litigation, Discovery & Disclosure, Federal Rules of Practice & Procedure, 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 January 29, 2016
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 & Procedure, Federal Rules of Civil Procedure, Fed. R. Civil P. 1 December 1, 2015
Amendments to the Federal Rules of Practice and Procedure 2015—Civil Rules Redline

Amendments to the following Federal Rules of Civil Procedure became effective on December 1, 2015: 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55. Rule 84 and the Appendix of Forms were abrogated.

Additional information about these amendments is available at FJC.gov:

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

Federal Rules of Civil Procedure, Fed. R. Civil P. 1, Fed. R. Civil P. 16, Fed. R. Civil P. 26, Fed. R. Civil P. 30, Fed. R. Civil P. 31, Fed. R. Civil P. 33, Fed. R. Civil P. 34, Fed. R. Civil P. 37, Fed. R. Civil P. 4, Fed. R. Civil P. 55, Fed. R. Civil P. 84 December 1, 2015
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—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.

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 & Procedure, 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 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."

Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure December 1, 2015
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015—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).

Federal Rules of Practice & Procedure, Federal Rules of Civil Procedure December 1, 2015

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