Wednesday, January 28, 2009

Standing Rules Committee Approved Proposed Rules Amendments

At its January 12-13, 2009, meeting, the Committee on Rules of Practice and Procedure adopted the recommendation of the Advisory Committee on Appellate Rules and approved the following proposed amendment:

• Appellate Rule 40(a)(1) (clarifies the time to seek rehearing in cases where a United States officer or employee is a party).

The Committee will now transmit the proposed amendment to the Judicial Conference with a recommendation that it be approved and transmitted to the Supreme Court.

The Committee also adopted the recommendations of the Advisory Committees on Bankruptcy and Evidence Rules and approved publishing for public comment the following proposed rules amendments:

• Bankruptcy Rule 6003 (the proposed amendment would clarify that the requirement of a 21-day waiting period before a bankruptcy court can enter certain orders at the beginning of a case – including an order approving employment of counsel – does not prevent the court from specifying that the order is effective on an earlier date. The proposed amendment also makes clear that the rule restricts only the issuance of orders granting the specified relief, and not the entry of all orders that may relate in some way to the specified motions or applications); and

• Restyled Evidence Rules 501-706 (restyled Evidence Rules 101-415 were approved for publication in June 2008. Publication of restyled Rules 501-706 will be deferred until entire Federal Rules of Evidence has been approved for publication).

The proposed amendment to Bankruptcy Rule 6003, which is expected to be published in August 2009, will be posted at The agenda materials for this meeting are posted at


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