May 20, 2018

Comment Period Open for Changes to Federal Rules of Civil Procedure and Bankruptcy

The Judicial Conference Committee on Rules of Practice and Procedure has opened the public comment period for several proposed changes to the Federal Rules of Practice and Procedure. Comments must be submitted in writing by February 15, 2014. The changes affect the Federal Bankruptcy and Civil Procedure rules and the public comment period opened August 15, 2013.

The following rules and forms are affected by the proposed changes:

  • Bankruptcy Rules 2002, 3002, 3007, 3012, 3015, 4003, 5005, 5009, 7001, 9006, and 9009, and Official Forms 17A, 17B, 17C, 22A-1, 22A-1Supp, 22A-2, 22B, 22C-1, 22C-2, 101, 101A, 101B, 104, 105, 106Sum, 106A/B, 106C, 106D, 106E/F, 106G, 106H, 106Dec, 107, 112, 113, 119, 121, 318, 423, and 427.
  • Civil Rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and Appendix of Forms.

The changes to the Civil Rules limit the number of presumptive depositions to five and limit other modes of discovery as well. The committee is particularly interested in receiving comments on the changes to Rule 37 regarding electronic discovery. Part of the proposed changes to Rule 37 would make it more difficult to get sanctions for ESI spoliation.

A PDF of the changes can be found here. Comments may be submitted to the Advisory Committees by mail or electronically, and will be reviewed then made part of the public record. To submit or view comments on the proposed Bankruptcy Rule changes electronically, see this webpage.  To submit or view comments electronically on the proposed Civil Procedure Rule changes see this webpage.

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