2015 Amendments to the Federal Rules and Potential Changes in 2016

Last month, the Supreme Court sent to Congress amendments to the Federal Rules of Bankruptcy Procedure and Federal Rules of Civil Procedure. These Amendments will become effective on December 1, 2015, absent Congressional action blocking the changes. The Bankruptcy Rule change only impacts Rule 1007. The Civil Rule changes relate to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, and 84, and the Appendix of Forms.

Much more interesting, in my opinion, will be the rule changes submitted next year and that will be effective on December 1, 2016. The entirety of the changes proposed for December 1, 2016, may be viewed HERE. The proposed changes include a reduction in the length of appellate briefs and the elimination of the 3 mailing days provided by the rules. 

The comments period has closed for the changes proposed for 2016. There are 61 comments to the proposed appellate rule changes, and much has been written on the subject. With regard to the proposed civil rule changes, there are only 13 comments.  I link to two specific comments, one from the United States Department of Justice and the other from the Solicitor General of the United States, but all are available at the following links: Civil; Appellate; Bankruptcy; and Criminal.