Any change to the federal rules must be designed to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay.
The process for promulgating an amendment to a rule or form involves several levels of consideration and approval, the first of which is consideration and approval by the appropriate advisory committee and then the Committee on Rules of Practice and Procedure. Following approval by the Committee on Rules of Practice and Procedure, proposed amendments must be considered and approved by the Judicial Conference, the Supreme Court, and then Congress. Below are proposed rules and forms amendments currently under consideration at each level following approval by the Committee on Rules of Practice and Procedure.
Amendments Approved by the Rules Committees – Pending Judicial Conference Review
- There are no rules amendments currently under review.
Amendments Approved by the Judicial Conference – Pending Supreme Court Review
- At its March 2013 session, the Judicial Conference:
- Approved a proposed amendment to Civil Rule 77(c)(1), and agreed to transmit it to the Supreme Court for consideration with a recommendation that it be adopted by the Court and transmitted to Congress in accordance with the law.
The March Report of the Judicial Conference Committee on Rules of Practice Procedure provides detailed information concerning these pending amendments and revisions, and may be accessed from the Reports to the Judicial Conference page.
Amendments Adopted by the Supreme Court – Pending Congressional Review
In April 2013, the Supreme Court of the United States adopted proposed amendments to:
- Appellate Rules 13, 14, 24, 28, and 28.1, and to Form 4
- Bankruptcy Rules 1007(b)(7), 4004(c)(1), 5009(b), 9006(d), 9013, and 9014
- Civil Rules 37 and 45
- Criminal Rule 11
- Evidence Rule 803(10)
The Supreme Court transmitted the foregoing amendments to Congress in accordance with the provisions of Sections 2072 and 2075 of Title 28, United States Code. The pending amendments will take effect on December 1, 2013, unless Congress enacts legislation to reject, modify, or defer them, and they will govern in proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.