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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 (the “Standing Committee”). Following approval by the Standing Committee, 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 Standing Committee.

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 September 28, 2016, the following were transmitted to the Supreme Court:

  • Bankruptcy Rules 1001, 1006(b), and 1015(b); and
  • Evidence Rules 803(16) and 902.

The materials transmitted to the Court 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 28, 2016:

  • Appellate Rules 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, and Forms 1, 5, and 6, new Form 7 and new Appendix;
  • Bankruptcy Rules 1010, 1011, 2002, 3002.1, 7008, 7012, 7016, 9006, 9027, and 9033, and new Rule 1012;
  • Civil Rules 4, 6, and 82; and
  • Criminal Rules 4, 41, and 45.

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.  Subsequent correspondence to Congress from Judge Jeffrey Sutton, Chair of the Committee on Rules of Practice and Procedure, addressing the net effect of successive amendments to Civil Rule 4(m) is available here.

Bankruptcy Forms – Pending Changes

Find out about recent changes to bankruptcy forms.