Criminal Rules Committee Approved for Publication Proposed Rules Amendments;
Considered Proposed Amendment to Criminal Rule 16
At its September 27-28, 2010, meeting, the Advisory Committee on Criminal Rules approved for publication a proposed amendment to Criminal Rule 12(b) regarding motions to dismiss for failure to state an offense (and a conforming amendment to Criminal Rule 34). The advisory committee also approved for publication a proposed amendment to Criminal Rule 11, requiring the court to advise the defendant of possible immigration consequences before it can accept a guilty or nolo contendere plea from the defendant. The advisory committee will recommend to the Standing Committee at its June 2011 meeting that the proposed rules amendments be published for comment in summer 2011.
The advisory committee also continued deliberations on a proposal to amend Criminal Rule 16 to require the disclosure of all exculpatory and impeachment information to the defense. The advisory committee considered new empirical data from the Federal Judicial Center.
Agenda materials for the meeting are posted at http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/ResearchingRules/AgendaBooks.aspx
Bankruptcy Rules Committee Approved Proposed Rules and Forms Amendments
At its September 30-October 1, 2010, meeting, the Advisory Committee on Bankruptcy Rules tentatively approved for publication proposed amendments to: (1) Bankruptcy Rule 1007 and Official Form 23 that relieve the debtor of having to file the certificate of completing the personal financial management course; (2) Official Forms 22A and 22C permitting deductions for certain telecommunication expenses; (3) Official Form 22C requiring the reporting of any reasonably anticipated changes to the income and expenses reported on the form during the 12-month period following the filing of the petition; and (4) Bankruptcy Rules 9006, 9013, and 9014 that draw attention to the time limits for serving motions, supporting affidavits, and written oppositions to motions.
The advisory committee also approved technical, conforming amendments to Official Form 1 that implement proposed new Bankruptcy Rule 1004.2, which is scheduled to take effect on December 1, 2011; and Official Form 9, to conform to Bankruptcy Rule 2003(e).
Agenda materials for the meeting are posted at http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/ResearchingRules/AgendaBooks.aspx
Appellate Rules Committee Approved for Publication Proposed Rules Amendments
At its October 7-8, 2010, meeting, the Advisory Committee on Appellate Rules approved for publication amendments to Appellate Rules 13, 14, and 24 governing interlocutory appeals in tax cases. The advisory committee also considered a proposed amendment on Appellate Rule 4(a) on post-judgment motions. The advisory committee deferred final action on that proposal until its spring 2011 meeting.
Agenda materials for the meeting are posted at http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/ResearchingRules/AgendaBooks.aspx
Evidence Rules Committee Considered Rulemaking Issues
At its October 12, 2010, meeting, the Advisory Committee on Evidence Rules considered several proposals to amend the Evidence Rules, including proposals to amend Evidence Rules 410, 803(6)-(8), and 801(d). The advisory committee declined to adopt the proposals. The advisory committee also considered a number of developments that implicate the Evidence Rules, including caselaw interpreting the Confrontation Clause after Crawford v. Washington, 541 U.S. 36 (2004); the Supreme Court’s decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), and its effect on some of the hearsay exceptions; and circuit splits on Evidence Rule 804(b)(1).
Agenda materials for the meeting are posted at http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/ResearchingRules/AgendaBooks.aspx
Civil Rules Committee Considered Rulemaking Issues
At its November 15-16, 2010, meeting, the Advisory Committee on Civil Rules considered status reports from its Subcommittee on Rule 45, Subcommittee on Discovery, Joint Subcommittee on Civil and Appellate Rules, and Subcommittee on the 2010 Conference. The Advisory Committee also considered matters involving pleading standards and protective orders.
Agenda materials for the meeting are posted at http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/ResearchingRules/AgendaBooks.aspx