Important Federal Courts Proposed Rule Changes

September 11, 2019

Important Federal Courts Proposed Rule Changes

On June 25, 2019, the Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:
 
  • Appellate Rules 3, 6, 42, and Forms 1 and 2;
  • Rule 3:  adds in language to clearly define that the notice of appeal encompasses all orders that lead to the judgment or appealable order, so as not to have to spell each one out. Also, spells out that appellant may designate only part of the judgment or order it is appealing.
  • Rule 6: Edits the Official Forms 1 and 2 for Notice of Appeal.
  • Rule 42: Dismissal of Appeals; mandates that the clerk dismiss an appeal if the parties so stipulate.
  • Bankruptcy Rules 2005, 3007, 7007.1, and 9036; 
  • Rule 2005: Apprehension and Removal of Debtor to Compel Attendance for Examination
  • Rule 3007: Objections to Claims: addresses definitions of certain institutions and related service issues.
  • Rule 7007.1 Corporate Ownership Statement: to make applicable to  nongovernmental
    corporations seeking to intervene and would no longer require the submission of two copies of the statement.
  • Rule 9036: Notice and Service by Electronic Transmission: In order to encourage and increase the use of electronic notice and service in the bankruptcy courts.
  • Civil Rule 7.1. Proposes two changes: The first is to conform Rule  7.1 to pending amendments to Appellate Rule 26.1 and Bankruptcy Rule 8012(a). The second is to facilitate the determination whether diversity jurisdiction is defeated by attribution of a nonparty’s citizenship to a party.

The comment period is open from August 19, 2019 to February 19, 2020

 Click HERE for the Preliminary Draft of the Proposed Amendments.

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