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
- There are no rules amendments currently under review.
Amendments Approved by the Judicial Conference – Pending Supreme Court Review
On October 9, 2015, the following were transmitted to the Supreme Court:
- 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 amendments to Civil Rules 4, 6, and 82; and
- Proposed amendments to Criminal Rules 4, 41, and 45.
The materials transmitted to the Court on October 9, 2015 are available here.
On October 29, 2015, the following were transmitted to the Supreme Court as a supplement to the proposed amendments to the Bankruptcy Rules:
- Proposed amendments to Bankruptcy Rules 7008, 7012, 7016, 9027, and 9033 (known as the “Stern Amendments”).
The supplemental materials transmitted to the Court on October 29, 2015 are available here.
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. The rules will take effect December 1, 2015, unless Congress enacts legislation to reject, modify, or defer them.
- 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 (Redline of Proposed Amendments to the Civil Rules)
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. The text of the amended rules and committee notes, as well as extensive supporting documentation, are also published in House Documents 114-32 and 114-33.
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.