Fall 2001, pg. 218. Judicial Conference's Advisory Committees.

Maine Bar Journal


Fall 2001, pg. 218.

Judicial Conference's Advisory Committees

Maine Bar JournalFall 2001Judicial Conference's Advisory CommitteesThe Judicial Conference's Advisory Committees on Bankruptcy Rules, Civil Rules, Criminal Rules, and Evidence Rules have proposed amendments to various rules and are seeking public comment on the proposed changes.

The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) has not approved these proposals but submits them for public comment. The proposals have not been presented to the Judicial Conference or the Supreme Court.

The full text of the proposed rules amendments and explanatory Committee Notes are set out in the Request for Comment pamphlets, which are posted on the Internet at (www.uscourts.gov/rules) and are available on request from the Secretary to the Rules Committee. The synopses on the following pages highlight the major aspects of the proposed Bankruptcy, Civil, Criminal, and Evidence Rule amendments. The synopses are intended to stimulate greater public comment and participation in the rulemaking process. The synopses are drawn largely from the committees, reports, which are also set out in the Request for Comment pamphlets.

The rules committees welcome all comments, whether favorable, adverse, or otherwise. All comments from the public on these proposals will be considered individually and carefully by the respective rules committees, which consist of experienced trial and appellate lawyers, scholars, and judges.

Written comments or comments sent electronically must be received by the Secretary to the Rules Committee no later than February 15, 2002. Comments may be sent electronically via the Internet at (www.uscourts.gov/rules).

An opportunity is also provided to the public to appear at scheduled public hearings to testify regarding the proposals. Requests to appear at a public hearing must be received by the Secretary to the Rules Committee no later than thirty days prior to the scheduled date for the public hearing. information on the Secretary's mailing address and the dates and places of the scheduled public hearings is set out at the end of this brochure.

Under the proposed schedule, the rules amendments would become effective on December 1, 2003, or later if-following the public comment period-they are in turn approved, with or without revision, by the relevant advisory committee, the Standing Committee, the Judicial Conference, and the Supreme Court, and if they are not altered by Congress.

  1. Proposed Amendments to the Federal Rules of Bankruptcy Procedure:

    Rule 1007 (Lists, Schedules, and Statements; Time Limits) would be amended to assist judges in making recusal decisions by requiring corporate debtors to disclose any parent corporation and any publicly-held corporation that owns 10 percent or more of its equity.

    Rule 2003 (Trustees for Estates When joint Administration Ordered) and Rule...

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