Appeals,  Federal Procedure,  Ninth Circuit

FRCP Amendments Approved and Transmitted to Congress

The Supreme Court approved amendments to the Federal Rules of Civil Procedure and transmitted those amendments to Congress on April 30.  They will take effect December 1, 2007 unless Congress legislates their rejection, modification, or deferral. 

Rules 1-86 were “restyled” — revised with the intent to make them easier to read and understand without substantively changing them.  For example, rule 59, governing new trial motions, is amended so subsection (a) is changed from a single, lengthy paragraph into paragraphs (a)(1)(A), (a)(1)(B), and (a)(2).  Not only easier on the eyes, but much easier to comprehend.

The amendments contain substantive changes as well, but none directly relating to the rules regarding entry of judgment and post-trial practice.

Helpful links to the advisory committee reports, including a side-by-side run-down of the style changes between old and proposed new rules, are provided here and here courtesy of Professors Counsellor and Ryan at Baylor Law School (blogging at Civil Procedure Prof Blog), and Professor Spencer at the University of Richmond School of Law (blogging at Federal Civil Practice Bulletin), respectively.