Federal Rules Updates and Opportunity to Comment

December 16, 2019

Federal Rules Updates and Opportunity to Comment

The following new and amended rules and forms became effective December 1, 2019:

  • Appellate Rules 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39.
  • Bankruptcy Rules 4001, 6007, 9036, and 9037
  • Criminal Rule 16.1.
  • Evidence Rule 807
  • Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts and Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts

Please refer House Documents 116-65, 116-66, 116-67, and 116-68 below for the text of the amended rules, and the accompanying committee notes effective December 1, 2019. Updated rule pamphlets reflecting the above changes will be posted on this page when they become available in late December 2019 or early January 2020.

The comment period on Proposed Amendments to the following rules ends on 2/19/20: (see the attached PDF)

  • Appellate Rules 3, 6, 42, and Forms 1 and 2;
  • Bankruptcy Rules 2005, 3007, 7007.1, and 9036; and
  • Civil Rule 7.1.

Updated Federal Circuit Rules of Practice

An updated version of the Federal Circuit Rules of Practice is now available on the court’s websitehttp://www.cafc.uscourts.gov/sites/default/files/rules-of-practice/FederalCircuitRulesofPractice-December2019.pdf

The update incorporates the December 1, 2019 amendments to the Federal Rules of Appellate Procedure.  These amendments will apply to all cases filed on or after December 1, 2019, as well as to all cases pending on or before December 1, 2019, to the extent practicable, unless otherwise ordered.  To the extent that the December 2019 Federal Rules of Appellate Procedure eliminate the proof of service requirement for electronic filing, filers are advised that as of December 2, 2019, the Clerk’s Office will no longer treat as non-compliant an electronically-filed document that does not include a separate proof of service but otherwise complies with the proof of service requirements of amended Federal Rule of Appellate Procedure 25(d). 

The Court Rules team at American LegalNet has incorporated all of the appropriate changes in our current rules sets and are preparing the upcoming changes. Let us know if you have any questions or concerns.

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