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Federal RulemakingThe Rulemaking Process Judicial Conference Procedures |
| PROCEDURES FOR THE CONDUCT
OF BUSINESS BY These procedures govern the operations of the
Judicial Conference Committee on Rules of Practice, Procedure,
and Evidence (Standing Committee) and the various Judicial Conference
Advisory Committees on Rules of Practice and Procedure in drafting
and recommending new rules of practice, procedure, and evidence
and amendments to existing rules.
1. Functions Each Advisory Committee shall carry on "a continuous
study of the operation and effect of the general rules of practice
and procedure now or hereafter in use" in its particular field,
taking into consideration suggestions and recommendations received
from any source, new statutes and court decisions affecting the
rules, and legal commentary. 2. Suggestions and Recommendations Suggestions and recommendations with respect
to the rules should be sent to the Secretary, Committee on Rules
of Practice and Procedure, Administrative Office of the United
States Courts, Washington, D.C. 20544, who shall, to the extent
feasible, acknowledge in writing every written suggestion or recommendation
so received and shall refer all suggestions and recommendations
to the appropriate Advisory Committee. To the extent feasible,
the Secretary, in consultation with the Chairman of the Advisory
Committee, shall advise the person making a recommendation or
suggestion of the action taken thereon by the Advisory Committee.
3. Drafting Rules Changes a. An Advisory Committee shall meet at such times
and places as the Chairman may authorize. All Advisory Committee
meetings shall be open to the public, except when the committee
so meeting, in open session and with a majority present, determines
that it is in the public interest that all or part of the remainder
of the meeting on that day shall be closed to the public and states
the reason for closing the meeting. Each meeting shall be preceded
by notice of the time and place of the meeting, including publication
in the Federal Register, sufficient to permit interested persons
to attend. b. The reporter assigned to each Advisory Committee
shall, under the direction of the Committee or its Chairman, prepare
initial draft rules changes, "Committee Notes" explaining their
purpose and intent, copies or summaries of all written recommendations
and suggestions received by the Advisory Committee, and shall
forward them to the Advisory Committee. c. The Advisory Committee shall then meet to
consider the draft proposed new rules and rules amendments, together
with Committee Notes, make revisions therein, and submit them
for approval of publication to the Standing Committee, or its
Chairman, with a written report explaining the Committee's action,
including any minority or other separate views. 4. Publication and Public Hearings a. When publication is approved by the Standing
Committee, the Secretary shall arrange for the printing and circulation
of the proposed rules changes to the bench and bar, and to the
public generally. Publication shall be as wide as practicable.
Notice of the proposed rule shall be published in the Federal
Register and copies provided to appropriate legal publishing firms
with a request that they be timely included in their publications.
The Secretary shall also provide copies to the chief justice of
the highest court of each state and, insofar as is practicable,
to all individuals and organizations that request them. b. In order to provide full notice and opportunity for comment on proposed rule changes, a period of at least six months from the time of publication of notice in the Federal Register shall be permitted, unless a shorter period is approved under the provisions of subparagraph d of this paragraph.
c. An Advisory Committee shall conduct public
hearings on all proposed rules changes unless elimination of such
hearings is approved under the provisions of subparagraph d of
this paragraph. The hearings shall be held at such times and places
as determined by the chairman of the Advisory Committee and shall
be preceded by adequate notice, including publication in the Federal
Register. Proceedings shall be recorded and a transcript prepared.
Subject to the provisions of paragraph six, such transcript shall
be available for public inspection. d. Exceptions to the time period for public comment
and the public hearing requirement may be granted by the Standing
Committee or its chairman when the Standing Committee or its chairman
determines that the administration of justice requires that a
proposed rule change should be expedited and that appropriate
public notice and comment may be achieved by a shortened comment
period, without public hearings, or both. The Standing Committee
may eliminate the public notice and comment requirement if, in
the case of a technical or conforming amendment, it determines
that notice and comment are not appropriate or necessary. Whenever
such an exception is made, the Standing Committee shall advise
the Judicial Conference of the exception and the reasons for the
exception. 5. Subsequent Procedures a. At the conclusion of the comment period the
reporter shall prepare a summary of the written comments received
and the testimony presented at public hearings. The Advisory Committee
shall review the proposed rules changes in the light of the comments
and testimony. If the Advisory Committee makes any substantial
change, an additional period for public notice and comment may
be provided. b. The Advisory Committee shall submit proposed
rules changes and Committee Notes, as finally agreed upon, to
the Standing Committee. Each submission shall be accompanied by
a separate report of the comments received and shall explain any
changes made subsequent to the original publication. The submission
shall also include minority views of Advisory Committee members
who wish to have separate views recorded. 6. Records a. The Chairman of the Advisory Committee shall
arrange for the preparation of minutes of all Advisory Committee
meetings. b. The records of an Advisory Committee shall
consist of the written suggestions received from the public; the
written comments received on drafts of proposed rules, responses
thereto, transcripts of public hearings, and summaries prepared
by the reporter; all correspondence relating to proposed rules
changes; minutes of Advisory Committee meetings; approved drafts
of rules changes; and reports to the Standing Committee. The records
shall be maintained at the Administrative Office of the United
States Courts for a minimum of two years and shall be available
for public inspection during reasonable office hours. Thereafter
the records may be transferred to a Government Records Center
in accordance with applicable Government retention and disposition
schedules. c. Any portion of minutes, relating to a closed
meeting and made available to the public, may contain such deletions
as may be necessary to avoid frustrating the purposes of closing
the meeting as provided in subparagraph 3a. d. Copies of records shall be furnished to any
person upon payment of a reasonable fee for the cost of reproduction.
7. Functions The Standing Committee shall coordinate the work
of the several Advisory Committees, make suggestions of proposals
to be studied by them, consider proposals recommended by the Advisory
Committees, and transmit such proposals with its recommendation
to the Judicial Conference, or recommit them to the appropriate
Advisory Committee for further study and consideration. 8. Procedures a. The Standing Committee shall meet at such
times and places as the Chairman may authorize. All Committee
meetings shall be open to the public, except when the committee
so meeting, in open session and with a majority present, determines
that it is in the public interest that all or part of the remainder
of the meeting on that day shall be closed to the public and states
the reason for closing the meeting. Each meeting shall be preceded
by notice of the time and place of the meeting, including publication
in the Federal Register, sufficient to permit interested persons
to attend. b. When an Advisory Committee's final recommendations
for rules changes have been submitted, the Chairman and Reporter
of the Advisory Committee shall attend the Standing Committee
meeting to present the proposed rules changes and Committee Notes.
c. The Standing Committee may accept, reject,
or modify a proposal. If a modification effects a substantial
change, the proposal will be returned to the Advisory Committee
with appropriate instructions. d. The Standing Committee shall transmit to the
Judicial Conference the proposed rules changes and Committee Notes
approved by it, together with the Advisory Committee report. The
Standing Committee's report to the Judicial Conference shall include
its recommendations and explain any changes it has made. 9. Records a. The Secretary shall prepare minutes of all
Standing Committee meetings. b. The records of the Standing Committee shall consist of the minutes of Standing and Advisory Committee meetings, reports to the Judicial Conference, and correspondence concerning rules changes including correspondence with Advisory Committee Chairmen. The records shall be maintained at the Administrative Office of the United States Courts for a minimum of two years and shall be available for public inspection during reasonable office hours. Thereafter the records may be transferred to a Government Records Center in accordance with applicable Government retention and disposition schedules.
c. Copies of records shall be furnished to any person upon payment of a reasonable fee for the cost of reproduction.
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