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Proposed Amendments Published for Public Comment

When an advisory committee recommends an amendment to the rules, it must obtain the approval of the Judicial Conference Committee on Rules of Practice and Procedure to publish the proposed amendment for public comment. During the comment period, the public is encouraged to submit written comments and may also request to testify at public hearings on the proposed amendment.

From August 15, 2017, through February 15, 2018 (the 2017 Comment Period) the Judicial Conference Committee on Rules of Practice and Procedure published proposed amendments to the following rules and forms:

  • Appellate Rules 3, 13, 26.1, 28 and 32;
  • Bankruptcy Rules 2002, 4001, 6007, 9036, 9037, and Official Form 410;
  • New Criminal Rule 16.1;
  • Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts;
  • Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts; and
  • Evidence Rule 807.

The text of the amendments proposed during the 2017 Comment Period, and supporting materials are available at the following links:

Preliminary Draft of Proposed Amendments to the Federal Rules of Appellate, Bankruptcy, and Criminal Procedure, the Federal Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts (pdf)

Comments on the above proposals are no longer being accepted. 

This page will be updated in August 2018 with any proposed recommendations for the 2018 Comment Period.

How to Submit or Review Comments on the Proposed Amendments to the Federal Rules

Proposed amendments to the Federal Rules are generally published for public comment for six months from mid-August through mid-February. Written comments are welcome on each rule proposal. The advisory committees will review all timely comments, which are made part of the official record and are available to the public. There are no rules currently out for public comment. The next comment period will start mid-August 2018.

Detailed instructions on how to submit a comment are given in the Regulations.gov FAQs.