Amendments to Federal Rules Effective December 1, 2010

December 2, 2010

From the public announcement at The Third Branch:

The amendments range from simple technical and conforming language to significant changes in discovery and expert witnesses and include the following amended Rules:

  • Bankruptcy Rule 1007: shortens time for a debtor to file a list of creditors after the entry of an order for relief in an involuntary case, and extends the time for individual Chapter 7 debtors to file a statement of completion of course in personal financial management.
  • Bankruptcy Rule 1019: with some exceptions, a new time period to object to a claim of exemption arises when a case is converted to Chapter 7 from Chapter 11, 12, or 13.
  • Civil Rule 26: extends work-product protection to draft reports by testifying expert witnesses, and, with some specified exceptions, communications between attorneys and their experts.
  • Civil Rule 56: makes procedures for presenting and deciding summary-judgment motions more consistent across districts, and closes the gap that developed between the Rule text and actual practice.
  • Criminal Rule 3.1: clarifies standard and burden of proof regarding the release or detention of a person on probation or supervised release.
  • Evidence Rule 804: extends corroborating circumstances requirement to all declarations against penal interest offered in criminal cases.

For complete information on the new Federal Rules effective December 1, visit the Federal Rulemaking website at: www.uscourts.gov/RulesAndPolicies/FederalRulemaking/Overview.aspx.

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