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Pending Rules and Forms 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.

An amendment to a federal rule generally takes about three years.  As described in more detail at Overview for the Bench, Bar and Public, a proposed rule change is usually considered by an advisory committee and published for comment as part of a document called a Preliminary Draft during the first year of the process, considered by the Committee on Rules of Practice and Procedure (the “Standing Committee”) and the Judicial Conference in the second year, and by the Supreme Court and Congress in the third year.

Below are the proposed amendments organized by the year they are projected to go into effect with links to the relevant Congressional, Supreme Court, Judicial Conference, Standing Committee, and Preliminary Draft, as such materials become available.1

December 1, 2020

  • Appellate Rules 35 and 40.
  • Bankruptcy Rules 2002, 2004, 8012, 8013, 8015, and 8021.
  • Civil Rule 30.
  • Evidence Rule 404.

Congressional Package (pdf) – April 2020

Supreme Court Package (pdf) – October 2019

Standing Committee Report to the Judicial Conference (pdf) – September 2019

Preliminary Draft of Proposed Amendments to the Federal Rules –  August 2018

December 1, 2021

  • Appellate Rules 3 and 6, Forms 1 and 2.
  • Bankruptcy Rules 2005, 3007, 7007.1, and 9036.

Supreme Court Package – October 2020

Standing Committee Report to the Judicial Conference (pdf) – September 2020

Preliminary Draft of Proposed Amendments to the Federal Rules (pdf) – August 2019 

December 1, 2022 and December 1, 2024

  • Appellate Rule 25.
  • Bankruptcy Restyled Rules Parts I and II (December 1, 2024)2; Rules 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3017.2 (new), 3018, 3019, 5005, 7004, and 8023; and Official Forms 101, 122B, 201, 309E-1, 309E-2, 309F-1, 309F-2, 314, 315, and 425A.
  • Civil Rule 12 and Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g).
  • Criminal Rule 16.

Preliminary Draft of Proposed Amendments to the Federal Rules - August 2020 (pdf)

1 Although the rules listed are projected to go into effect on the dates listed, they can be delayed for various reasons or withdrawn entirely.  Rule and form changes being considered by advisory committees can be found in their most recent agenda books or reports.

2 Bankruptcy Restyled Rules Parts I and II are the first group of restyled rules being published for comment. Any recommendation for final approval will occur after publication periods for the rest of the bankruptcy rules in 2021-2022 and 2022-2023, putting the full set of the Bankruptcy Restyled Rules on track to go into effect December 1, 2024 or later.