Notice of Amendments to the Federal Rules of Practice and Procedure Effective December 1, 2017
Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy and Civil Procedure, and the Federal Rules of Evidence adopted by the Supreme Court and transmitted to Congress on April 27, 2017. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, amendments to the following rules take effect December 1, 2017:
The text of the new and amended rules and accompanying committee notes—along with extensive supporting documentation related to their adoption—are posted on the “Current Rules” page of the Judiciary’s website at: http://www.uscourts.gov/rules-policies/current-rules-practice-procedure.
In addition, the new and amended official bankruptcy forms are effective December 1, 2017. As approved by the Judicial Conference, the forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The amended forms are posted on the website at: http://www.uscourts.gov/forms/bankruptcy-forms.
Federal Rules of Civil Procedure
Rule 4. Summons
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(m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).
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This is a technical amendment that integrates the intended effect of the amendments adopted in 2015 and 2016.
Modifications to Local Criminal Rule 6.1(b), Local Civil Rule 3.10 and Local Criminal Rule 57.17, and Local Criminal Rule 32.2
Modifications were made to Local Criminal Rule 6.1(b) regarding Grand Jury Practice, Local Civil Rule 3.10 and Local Criminal Rule 57.17 regarding the Miscellaneous Docket, and Local Criminal Rule 32.2 regarding Time Limits on PSRs and Sentencing Memoranda.
Local Criminal Rule 6.1(b) was modified to address the supervision of the Grand Jury, which will be performed by the judge who does the impanelment (either the Chief Judge or his/her designate) rather than by the miscellaneous judge. The changes to Local Civil Rule 3.10 and and Local Criminal Rule 57.17 address the elimination of the supervision of the Grand Jury by the miscellaneous judge. The primary changes to Local Criminal Rule 32.2 increased from 70 days to 98 days (fourteen (14) weeks) for the scheduling of the sentencing date from the date of plea or conviction and established a deadline (no later than 3 days in advance of sentencing) for filing responses to the positions to sentencing factors. The Probation Department needs more time for PSRs, and the Court was frequently faced with last-minute objections after the final PSR was issued. Additional changes were modifying references from days to weeks.
Modifications to Local Criminal Rule 6.1(b)
LCrR 6.1(b) - Redline
Modifications to Local Civil Rule 3.10
LR 3.10 - Redline
Modifications to Local Criminal Rule 57.17
LCrR 57.17 - Redline
Modifications to Local Criminal Rule 32.2
LCrR 32.2 - Redline