Pending Rules Amendments
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
- Proposed amendments to Appellate Rules 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, and Forms 1, 5, and 6, and proposed new Form 7;
- Proposed amendments to Bankruptcy Rules 1010, 1011, 2002, 3002.1, 9006(f), and new Rule 1012;
- Proposed revisions to Bankruptcy Official Forms 1, 2, 3A, 3B, 4, 5, 6Sum, 6A-J and declaration, 7, 8, 9A-I, 10, 10A, 10S-1, 10S-2, 12, 13, 14, 15, 16A, 16B, 16D, 17A-C, 18, 19, 21, 22A-1, 22A-1Supp, 22A-2, 22B, 22C-1, 22C-2, 23, 24, 27 (as renumbered), and the abrogation of Official Forms 11A and 11B, to take effect on December 1, 2015;
- A request to allow the following Bankruptcy Official Forms in effect on November 30, 2015, remain Official Forms until December 1, 2017, in the United States Bankruptcy Courts for the Central District of California, the District of New Jersey, and the District of New Mexico, only for use by pro se debtors who initiate a chapter 7 case by using the court’s Electronic Self-Representation system: Official Form 1, Official Forms 6Sum, 6A-J and declaration, Official Form 7; Official Form 8; and Official Forms 22A-1, 22A-1Supp, and 22A-2;
- Proposed amendments to Civil Rules 4, 6, and 82; and
- Proposed amendments to Criminal Rules 4, 41, and 45.
Amendments Approved by the Judicial Conference – Pending Supreme Court Review
- There are no rules amendments currently under review.
Amendments Adopted by the Supreme Court – Pending Congressional Review
The following rules were adopted by the Supreme Court and transmitted to Congress on April 29, 2015:
- Bankruptcy Rule 1007
- Civil Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, and 55, and abrogation of Rule 84 and the Appendix of Forms
The rules, orders adopting the rules, and letters of transmittal are available on the website of the Supreme Court of the United States. The entire package of materials transmitted to Congress is available here.
Bankruptcy Forms - Pending Judicial Conference Review
Most Official Bankruptcy Forms are scheduled to be replaced with substantially revised, reformatted and renumbered versions effective December 1, 2015, if approved by the Judicial Conference at its September 2015 meeting. Find out more about the pending bankruptcy forms.