Federal Rulemaking

Suggestions on Submitting Effective Comments

• Practical Checklist*

Proposed Amendments to the Federal Rules of Bankruptcy and Criminal Procedure and the Federal Rules of Evidence: August 2009

Federal Rules of Bankruptcy Procedure

• Bankruptcy Rule 1004.2 (republication of a new rule requiring entity filing a chapter 15 petition to state the country of the debtor's main interest, filer to list each country in which a case involving debtor is pending, and setting deadline for challenging the statement asserting the country of the debtor's main interest)
• Bankruptcy Rule 2003 (requires the filing of a statement upon adjourning a meeting of creditors or equity security holders)
• Bankruptcy Rule 2019 (expands the scope of the rule’s disclosure requirements by requiring disclosure in chapter 9 and chapter 11 cases by all committees or groups that consist of more than one creditor or equity security holder, as well as entities or that represent more than one creditor or equity security holder. It also authorizes the court to require disclosure by an individual party in interest when knowledge of that party’s economic stake in the debtor would assist the court in evaluating the party’s arguments)
• Bankruptcy Rule 3001 (prescribes in greater detail the supporting information required to accompany certain proofs of claim)
• Bankruptcy Rule 3002.1 (new rule implements § 1322(b)(5) of the Bankruptcy Code, which permits a chapter 13 debtor to cure a default and maintain payments of a home mortgage)
• Bankruptcy Rule 4004 (permits a party under limited circumstances to seek an extension of time to object to a debtor’s discharge after the time for objecting has expired)
• Bankruptcy Rule 6003 (clarifies that the requirement of a 21-day waiting period before a court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the court from specifying an effective date for the order that is earlier than the date of its issuance)
• Official Forms 22A, 22B, and 22C (Forms 22A, 22B, and 22C instructs that only one joint filer should report payments by another for household expenses. Forms 22A and 22C are amended to delete references to “household” and “household size” and are replaced by “number of persons” or “family size.” Finally, Form 22A directs debtors in joint cases to file separate forms only if one of the debtors is entitled to a Part I exemption)

Federal Rules of Criminal Procedure

• Criminal Rule 1 (expands the definition of “telephone” and “telephonic” to include technologies that enable live, contemporaneous voice conversations)
• Criminal Rule 3 (authorizes consideration of complaints and issuances of arrest warrants and summonses based on information submitted by reliable electronic means as provided for in proposed new Rule 4.1)
• Criminal Rule 4 (authorizes consideration of complaints and issuances of arrest warrants and summonses based on information submitted by reliable electronic means as provided for in proposed new Rule 4.1. Also authorizes the return of warrants by reliable electronic means)
• Criminal Rule 4.1 (new rule incorporates provisions of Criminal Rule 41 that allow a warrant to be issued based on information submitted by reliable electronic means and extends those procedures to complaints, arrest warrants, and summonses)
• Criminal Rule 6 (provides that a grand jury return may be taken by video conference)
• Criminal Rule 9 (authorizes consideration of complaints and issuances of arrest warrants and summonses based on information submitted by reliable electronic means as provided for in proposed new Rule 4.1)
• Criminal Rule 32.1 (permits the defendant, upon request, to participate via video conference in proceedings involving revocation or modification of probation or supervised release)
• Criminal Rule 40 (permits the defendant, upon consent, to appear by video conference in a proceeding on arrest for failure to appear in another district)
• Criminal Rule 41 (deleted provisions now covered by new Rule 4.1. Also authorizes the return of warrants by reliable electronic means)
• Criminal Rule 43 (conforming amendment. Also permits, with the defendant’s written consent, the arraignment, trial, and sentencing in misdemeanor cases to be conducted by video conference)
• Criminal Rule 49 (authorizes local rules permitting papers to be filed, signed, or verified by electronic means)

Federal Rules of Evidence

• Restyled Evidence Rules 101-1103 (make the rules simpler and easier to read and understand without changing substantive meaning)

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• Memorandum to the Bench, Bar, and Public on Proposed Amendments to the Federal Rules of Bankruptcy and Criminal Procedure August 2009 (PDF)

• Memorandum to the Bench, Bar, and Public on Proposed Style Amendments to the Federal Rules of Evidence August 2009 (PDF)

• Brochure Summarizing Proposed Amendments to the Federal Rules August 2009 (PDF)

• Reports of the Advisory Committee on Bankruptcy Rules
    • Dec 2008 (PDF) 
    • May 2009 (PDF)
    • Proposed Rules Amendments (WP)
    • Proposed Rules and Forms Amendments (PDF)

• Reports of the Advisory Committee on Criminal Rules
    • May 2008 (PDF)
    • May 2009 (PDF)
    • Proposed Rules Amendments (WP) (PDF)

• Report of the Advisory Committee on Evidence Rules May 2009 (PDF)
    • Proposed Restyled Evidence Rules 101-415 (Word)
    • Proposed Restyled Evidence Rules 501-706 (Word)
    • Proposed Restyled Evidence Rules 801-1103 (Word)
    • Proposed Restyled Evidence Rules 101-1103 (PDF)

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* Copyright 1998 The American Law Institute. Reproduced with the permission from author and American Law Institute - American Bar Association Continuing Professional Education.