Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, and Criminal Procedure, the Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts adopted by the Supreme Court and transmitted to Congress on April 25, 2019. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following took effect on December 1, 2019:
Federal Rules of Appellate Procedure
Rule 3 - Appeal as of Right—How Taken
Rule 5 - Appeal by Permission
Rule 13 - Appeals from the Tax Court
Rule 21 - Writs of Mandamus and Prohibition, and Other Extraordinary Writs
Rule 25 - Filing and Service
Rule 26 - Computing and Extending Time
Rule 26.1 - Disclosure Statement
Rule 28 - BriefsRule 32 Form of Briefs, Appendices, and Other Papers
Rule 39 - Costs
Federal Rules of Bankruptcy Procedure
Rule 4001 - Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements
Rule 6007 - Abandonment or Disposition of Property
Rule 9036 - Notice and Service Generally
Rule 9037 - Privacy Protection for Filings Made with the Court
Federal Rules of Criminal Procedure
Rule 16.1 - (new) Pretrial Discovery Conference; Request for Court Action
Rules Governing Section 2254 Cases in the United States District Courts
Rule 5 - The Answer and the Reply
Rules Governing Section 2255 Proceedings for the United States District Courts
Rule 5 - The Answer and the Reply
Federal Rules of Evidence
Rule 807 - Residual Exception
Under 28 U.S.C. §§ 2074(a) and 2075, and the Supreme Court orders dated April 25, 2019, the amendments govern all proceedings commenced on or after December 1, 2019, and all proceedings then pending “insofar as just and practicable.” The text of the new and amended rules, and the 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, one amended official bankruptcy form and one new Director’s form became effective on December 1, 2019. As approved by the Judicial Conference, amendments to the official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. The forms are posted on the website at: http://www.uscourts.gov/forms/bankruptcy-forms.
Official Bankruptcy Forms
Official Form 122A-1 - Chapter 7 Statement of Your Current Monthly Income
Director’s Forms
Form 1340 (new) - Application for Payment of Unclaimed Funds