August 2003 - December 2005 Amendments

Appellate Rules:

Appellate Rule 4 (Appeal as of Right - When Taken) (clarifies the conditions for reopening the time to appeal a district court's judgment or order) (pdf)

Appellate Rule 26 (Computing and Extending Time) and Appellate Rule 45 (Clerk's Duties) (replaces the phrase "Presidents' Day" with "Washington's Birthday" to conform to statute) (pdf)

Appellate Rule 27 (Motions) (a motion, a response to a motion, and a reply to a response to a motion must comply with typeface and type-style requirements of Appellate Rule 32) (pdf)

New Appellate Rule 28.1 (Cross-Appeals) (consolidates provisions regarding briefing in cross-appeals and adds several new provisions dealing with cross-appeals). Appellate Rule 32 (Forms of Briefs, Appendices, and Other Papers) and Appellate Rule 34 (Oral Argument) (amended to cross reference new Rule 28.1). Appellate Rule 28 (Briefs) (provisions dealing with cross-appeals are transferred to new Rule 28.1) (pdf)

Appellate Rule 35 (En Banc Determination) (adopts "case majority" approach, in which disqualified judges are not counted in the base in calculating whether a majority of judges have voted to hear a case en banc) (pdf)

Bankruptcy Rules:

Bankruptcy Rule 1007 (Lists, Schedules and Statements; Time Limits) (requires the debtor to submit with the petition a list of the names and addresses of each entity entitled to receive notice of the bankruptcy filing) (pdf)

Bankruptcy Rule 2002 (Notice to Creditors, Equity Security Holders, United States, and United States Trustee) (facilitates transmission of electronic notices to creditors) (pdf)

Bankruptcy Rule 3004 (Filing of Claims by Debtor or Trustee) and Bankruptcy Rule 3005 (Filing of Claim, Acceptance, or Rejection by Guarantor, Surety, Indorser, or Other Codebtor) (conforming amendments to § 501 of the Bankruptcy Code) (pdf)

Bankruptcy Rule 4008 (Discharge and Reaffirmation Hearing) (establishes a deadline for filing a reaffirmation agreement with the court) (later withdrawn. See link below)(pdf)

Bankruptcy Rule 7004 (Process; Service of Summons; Complaint) (authorizes the clerk to issue a summons electronically) (pdf)

Bankruptcy Rule 9001 (General Definitions) (adds definition of "Notice Provider") (pdf)

Bankruptcy Rule 9006 (Time) (conforms to proposed amendments toCivil Rule 6(e) concerning time-counting provisions). (pdf)

Bankruptcy Rule 9036 (Notice by Electronic Transmission) (deletes requirement that the sender of electronic notice receive confirmation that the notice was received. The proposed amendment clarifies that notice is complete upon its transmission) (pdf)

Official Form 6-G (Executory Contracts and Unexpired Leases) (technical amendment that implements changes to Rule 1007).¹ (pdf)

Official Form 16D (Caption for Use in Adversary Proceeding) (technical amendment reflecting the abrogation of Form 16C).² (pdf)

Official Form 17 (Notice of Appeal) (technical amendment reflecting the abrogation of Form 16C).² (pdf)

Civil Rules:

Civil Rule 5.1 (Constitutional Challenge to a Statute - Notices, Certification, and Intervention) and 24 (Intervention)(sets forth the process when a party draws into question the constitutionality of a federal or state statute)* (pdf)

Civil Rule 6 (Time) (clarifies the method of counting the additional three days provided to respond if service is by mail or one of the methods in Civil Rule 5(b)(2)(C) or (D)) (pdf)

Civil Rule 27 (Depositions Before Action or Pending Appeal) (corrects the outdated cross-reference to former Civil Rule 4(d)) (pdf)

Civil Rule 45 (Subpoena) (requires that a deposition subpoena state the manner for recording testimony) (pdf)

Admiralty Rule B (In Personam Actions: Attachment and Garnishment) (fixes the time for determining whether a defendant is "found" in the district at the time the verified complaint and the accompanying affidavit are filed) (pdf)

Admiralty Rule C (In Rem Actions: Special Provisions) (technical amendments that correct amendments made in 2000) (pdf)

Criminal Rules:

Criminal Rule 12.2 (Notice of an Insanity Defense; Mental Examination) (authorizes a court to exclude evidence on defendant's mental condition if the evidence is not timely disclosed or if the defendant fails to submit to an examination) (pdf)

Criminal Rule 29 (Motion for a Judgment of Acquittal), Criminal Rule 33 (New Trial), and Criminal Rule 34 (Arresting Judgent) (court may extend time for filing the designated motion so long as the motion for extension was filed within the initial seven-day period) (pdf)

Criminal Rule 45 (Computing and Extending Time) (conforming amendments consistent with the proposed amendments to Criminal Rules 29, 33, and 34) (pdf)

Criminal Rule 32 (Sentencing and Judgment) (extends the right of allocution to a victim of a felony offense not involving violence or sexual abuse)³ (pdf)

Criminal Rule 32.1 (Revoking or Modifying Probation or Supervised Release) (extends the right of allocution to a person in a revocation or modification hearing) (pdf)

New Criminal Rule 59 (Matters Before a Magistrate Judge) (sets out procedures for a district judge to review dispositive and nondispositive decisions by a magistrate judge. The proposed amendments are intended to parallel Civil Rule 72) (pdf)

Proposed Amendments Published for Comment and Comments Submitted (Aug. 2003)
(Comment period Aug. 2003 - Feb. 2004)

Proposed Amendments Submitted to Judicial Conference (September 2004)

Proposed Amendments Submitted to Supreme Court (Nov. 2004)

Proposed New Civil Rule 5.1 and Amendment to Civil Rule 24 Submitted to Judicial Conference (March 2005)*

Proposed Amendments to Bankruptcy Rules 2002, 9001, and 9036 Submitted to Judicial Conference (March 2005)

Proposed Amendments to Bankruptcy Rules 2002, 9001, and 9036 Submitted to Supreme Court (March 2005)

Request to Withdraw Proposed Amendment to Bankruptcy Rule 4008 (April 2005) (pdf)

Proposed Rules and Amendments Submitted to Congress (Apr. 2005)

¹ Amendments to Official Form 6-G effective October 17, 2005. Under Bankruptcy Rule 9009, the Official Forms are prescribed by the Judicial Conference of the United States. The Supreme Court and Congress do not consider or approve the Official Forms.
² Amendments to Official Forms 16D and 17 are effective December 1, 2004. Under Bankruptcy Rule 9009, the Official Forms are prescribed by the Judicial Conference of the United States. The Supreme Court and Congress do not consider or approve the Official Forms.
³The Judicial Conference withdrew the proposed amendment to Rule 32 after Congress passed the Justice for All Act of 2004.

* Proposed New Civil Rule 5.1 and conforming amendment to Civil Rule 24 was transmitted to the Supreme Court in Fall 2005 and has an expected effective date of December 1, 2006.