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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

In 2017, the Judicial Conference Committee on Rules of Practice and Procedure approved publication of 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 comment period opened in August 2017, and closes on February 15, 2018. Read the text of the proposed amendments and supporting materials:

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)

Public Hearings

Members of the public who wish to present testimony may appear at public hearings on the proposed amendments.

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

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. The comment period closes on February 15, 2018.

Comments and supporting files must be submitted electronically using the Regulations.gov portal. After choosing the appropriate link below, click the "Submit a Comment" link. This will display the comment web form. You can then enter your submitter information and attach your comment as a file (up to 10MB), or type your comment directly on the web form. When you have finished attaching or typing your comment, click the "Preview Comment" link to review. Once you are satisfied with your comment, click the "Submit" button to send your comment to the advisory committees. Upon completion, you will receive a tracking number for your submission.

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