Comments on Proposed Amendments to Federal Rules

SUMMARY

The Federal Courts Committee (Laura G. Birger, Chair) submitted comments to the Judicial Conference’s Committee on Rules of Practice and Procedure on proposed amendments to the Federal Rules of Appellate Procedure, Criminal Procedure, Bankruptcy Procedure and Civil Procedure.  The comments addressed proposed changes to Rule 25 (addressing electronic filing, signatures and proof of service) and Rule 41 (which would apply the “extraordinary circumstances” standard for staying a court of appeals mandate to all cases in which the court of appeals has issued an opinion) of the Federal Rules of Appellate Procedure; Rule 49 (addressing electronic filing, signatures and proof of service) of the Federal Rules of Criminal Procedure; Rule 5005 (addressing electronic filing, signatures and proof of service) of the Federal Rules of Bankruptcy Procedure; and Rule 5 (addressing electronic filing, signatures and proof of service) and Rule 23 (Rule 23(e)(2)’s multi-factor analysis to evaluate the fairness, reasonableness and adequacy of proposed class action settlement agreements; Rule 23(e)(5) amendments regarding payment to objectors; and Committee Notes to Rule 23(e) concerning reviewing claims rates) of the Federal Rules of Civil Procedure.