PRELIMINARY DRAFT OF PROPOSED AMENDMENTS TO THE FEDERAL RULES OF
APPELLATE, BANKRUPTCY, CIVIL, AND CRIMINAL PROCEDURE

REQUEST FOR COMMENT

ALL WRITTEN COMMENTS DUE BY FEBRUARY 15, 2001

TABLE OF CONTENTS

PART I: APPELLATE RULES (PDF)

 
Letter of transmittal to Judge Anthony J. Scirica, Chair, Standing Committee on Rules of Practice and Procedure, from Judge Will L. Garwood, Chair, Advisory Committee of Appellate Rules

 

1

Rule 1. Scope of Rules; Title

8
Rule 4. Appeal as of Right -- When Taken 9
Rule 5. Appeal by Permission 23
Rule 15. Review or Enforcement of an Agency Order -- How Obtained; Intervention 24
Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs 26
Rule 24. Proceeding in Forma Pauperis 27
Rule 25. Filing and Service 31
Rule 26. Computing and Extending Time 35
Rule 26.1. Disclosure Statement 37
Rule 27. Motions 41
Rule 28. Briefs 45
Rule 31. Serving and Filing Briefs 46
Rule 32. Form of Briefs, Appendices, and Other Papers 47
Rule 36. Entry of Judgment; Notice 54
Rule 41. Mandate: Contents; Issuance and Effective Date; Stay 55

Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party

56
Rule 45. Clerk's Duties 58
Form 6. Certificate of Compliance With Rule 32(a) 59
   
PART II: BANKRUPTCY RULES (PDF)  
Letter of transmittal to Judge Anthony J. Scirica, Chair, Standing Committee on Rules of Practice and Procedure, from Judge Adrian G. Duplantier, Chair, Advisory Committee on Bankruptcy Rules 61
Rule 1004. Involuntary Petition Against a Partnership 65
Rule 1004.1. Petition for an Infant or Incompetent Person 67
Rule 2004. Examination 68
Rule 2014. Employment of a Professional Person 69
Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case 76
Rule 4004. Grant or Denial of Discharge 78
Rule 9014. Contested Matters 80
Rule 9027. Removal 84
Official Form 1 86
   
PART III: CIVIL RULES (PDF)  
Letter of transmittal to Judge Anthony J. Scirica, Chair, Standing Committee on Rules of Practice and Procedure, from Judge Paul V. Niemeyer, Chair, Advisory Committee on Civil Rules 91
Rule 7.1. Disclosure Statement 97
Rule 54. Judgments; Costs 103
Rule 58. Entry of Judgment 106
Rule 81. Applicability in General 114
   

PART IV: CRIMINAL RULES (PDF)
[Rules 5 - 12.2] | [Rules 12.4 - 35] | [Rules 41 - 43]

 
Letter of transmittal to Judge Anthony J. Scirica, Chair, Standing Committee on Rules of Practice and Procedure, from Judge W. Eugene Davis, Chair, Advisory Committee on Criminal Rules 119
Rule 5. Initial Appearance 132
Rule 5.1 Preliminary Hearing in a Felony Case 148
Rule 10. Arraignment 159
Rule 12.2. Notice of Insanity Defense; Mental Examination 166
Rule 12.4. Disclosure Statement 181
Rule 26. Taking Testimony 185
Rule 30. Jury Instructions 190
Rule 32. Sentencing and Judgment 194
Rule 35. Correcting or Reducing a Sentence 226
Rule 41. Search and Seizure 233
Rule 43. Defendant's Presence 262
   

PART V: RULES GOVERNING PROCEEDINGS IN THE UNITED STATES DISTRICT COURT UNDER 2254 OF TITLE 28, UNITED STATES CODE (PDF)

 
Rule 2. Petition 269
Rule 3. Filing Petition 270
Rule 6. Discovery 271
Rule 8. Evidentiary Hearing 271
Rule 9. Delayed or Successive Petitions 274
Rule 10. Powers of Magistrate Judges 275
   
PART VI: RULES GOVERNING PROCEEDINGS IN THE UNITED STATES DISTRICT COURT UNDER 2255 OF TITLE 28, UNITED STATES CODE (PDF)  
Rule 2. Motion 276
Rule 3. Filing Motion 278
Rule 6. Discovery 279
Rule 8. Evidentiary Hearing 280
Rule 9. Delayed or Successive Motions 282
Rule 10. Powers of Magistrate Judges 284
   
PART VII: MISCELLANEOUS (PDF)  
Procedures for the Conduct of Business by the Judicial Conference Committee on Rules of Practice and Procedure (PDF) 285
Membership of Judicial Conference Rules Committees (PDF) 293
State Bar Points of Contact (PDF) 297