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- April 27, 1995
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- Dear Mr. President:
-
- By direction of the Supreme Court of the United States, I
- have the honor to submit to the Congress the amendments to the
- Federal Rules of Civil Procedure that have been adopted by the
- Supreme Court of the United States pursuant to Section 2072 of
- Title 28, United States Code. To maintain uniformity between
- revised and unrevised Rules, the Court has edited the amendments
- transmitted to the Supreme Court by the Judicial Conference of
- the United States to use the word "shall" in a consistent manner.
- In addition, the Court has restored the word "made" to the last
- sentence of Fed. R. Civ. P. 83(a)(1) to keep that Rule consistent
- with Fed. R. Crim. P. 57(c).
-
- The rules are accompanied by an excerpt from the report of
- the Judicial Conference of the United States' Committee on Rules
- of Practice and Procedure and that Committee's Advisory Committee
- Notes. In order to minimize confusion, a footnote noting the
- changes made by the Supreme Court has been added to the marked-up
- version of the proposed amendments that accompanies the Advisory
- Committee Notes.
-
- Sincerely,
-
-
-
-
-
- Honorable Al Gore
- President, United States Senate
- Washington, D.C. 20510
-
-
-
-
-
-
- April 27, 1995
-
-
-
-
-
-
- Dear Mr. Speaker:
-
- By direction of the Supreme Court of the United States, I
- have the honor to submit to the Congress the amendments to the
- Federal Rules of Civil Procedure that have been adopted by the
- Supreme Court of the United States pursuant to Section 2072 of
- Title 28, United States Code. To maintain uniformity between
- revised and unrevised Rules, the Court has edited the amendments
- transmitted to the Supreme Court by the Judicial Conference of
- the United States to use the word "shall" in a consistent manner.
- In addition, the Court has restored the word "made" to the last
- sentence of Fed. R. Civ. P. 83(a)(1) to keep that Rule consistent
- with Fed. R. Crim. P. 57(c).
-
- The rules are accompanied by an excerpt from the report of
- the Judicial Conference of the United States' Committee on Rules
- of Practice and Procedure and that Committee's Advisory Committee
- Notes. In order to minimize confusion, a footnote noting the
- changes made by the Supreme Court has been added to the marked-up
- version of the proposed amendments that accompanies the Advisory
- Committee Notes.
-
- Sincerely,
-
-
-
-
-
-
- Honorable Newt Gingrich
- Speaker of the House of Representatives
- Washington, D.C. 20515
-
-
-
- SUPREME COURT OF THE UNITED STATES
-
- Thursday, April 27, 1995
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-
- ORDERED:
-
- 1.That the Federal Rules of Civil Procedure for
- the United States District Courts be, and they hereby
- are, amended by including therein amendments to Civil
- Rules 50, 52, 59, and 83.
-
- [See infra., pp. .]
-
- 2.That the foregoing amendments to the Federal
- Rules of Civil Procedure shall take effect on December 1,
- 1995, and shall govern all proceedings in civil cases
- thereafter commenced and, insofar as just and
- practicable, all proceedings in civil cases then pending.
-
- 3.That THE CHIEF JUSTICE be, and hereby is,
- authorized to transmit to the Congress the foregoing
- amendments to the Federal Rules of Civil Procedure in
- accordance with the provisions of Section 2072 of Title
- 28, United States Code.
-
-
- PROPOSED AMENDMENTS TO
- RULES OF CIVIL PROCEDURE
-
- Rule 50. Judgment as a Matter of Law in Jury Trials;
- Alternative Motion for New Trial;
- Conditional Rulings
-
- * * * * *
- (b)Renewing Motion for Judgment After
- Trial; Alternative Motion for New Trial. If, for any
- reason, the court does not grant a motion for judgment as
- a matter of law made at the close of all the evidence, the
- court is considered to have submitted the action to the jury
- subject to the court's later deciding the legal questions
- raised by the motion. The movant may renew its request
- for judgment as a matter of law by filing a motion no later
- than 10 days after entry of judgment - and may
- alternatively request a new trial or join a motion for a new
- trial under Rule 59. In ruling on a renewed motion, the
- court may:
- (1)if a verdict was returned:
- (A)allow the judgment to stand,
- (B)order a new trial, or
-
- (C)direct entry of judgment as a
- matter of law; or
- (2)if no verdict was returned:
- (A)order a new trial, or
- (B)direct entry of judgment as a
- matter of law.
- (c)Granting Renewed Motion for Judgment
- as a Matter of Law; Conditional Rulings; New Trial
- Motion.
- * * * * *
- (2)Any motion for a new trial under
- Rule 59 by a party against whom judgment as a
- matter of law is rendered shall be filed no later than
- 10 days after entry of the judgment.
- * * * * *
- Rule 52. Findings by the Court; Judgment on Partial
- Findings
- * * * * *
- (b)Amendment. On a party's motion filed no
- later than 10 days after entry of judgment, the court may
- amend its findings - or make additional findings - and
- may amend the judgment accordingly. The motion may
- accompany a motion for a new trial under Rule 59. When
- findings of fact are made in actions tried without a jury, the
- sufficiency of the evidence supporting the findings may be
- later questioned whether or not in the district court the
- party raising the question objected to the findings, moved
- to amend them, or moved for partial findings.
- * * * * *
- Rule 59. New Trials; Amendment of Judgments
- * * * * *
- (b)Time for Motion. Any motion for a new
- trial shall be filed no later than 10 days after entry of the
- judgment.
- (c)Time for Serving Affidavits. When a
- motion for new trial is based on affidavits, they shall be
- filed with the motion. The opposing party has 10 days after
- service to file opposing affidavits, but that period may be
- extended for up to 20 days, either by the court for good
- cause or by the parties' written stipulation. The court may
- permit reply affidavits.
- (d)On Court's Initiative; Notice; Specifying
- Grounds. No later than 10 days after entry of judgment
- the court, on its own, may order a new trial for any reason
- that would justify granting one on a party's motion. After
- giving the parties notice and an opportunity to be heard, the
- court may grant a timely motion for a new trial for a reason
- not stated in the motion. When granting a new trial on its
- own initiative or for a reason not stated in a motion, the
- court shall specify the grounds in its order.
- (e)Motion to Alter or Amend Judgment. Any
- motion to alter or amend a judgment shall be filed no later
- than 10 days after entry of the judgment.
-
- Rule 83. Rules by District Courts; Judge's Directives
- (a)Local Rules.
- (1)Each district court, acting by a
- majority of its district judges, may, after giving
- appropriate public notice and an opportunity for
- comment, make and amend rules governing its
- practice. A local rule shall be consistent with -
- but not duplicative of - Acts of Congress and
- rules adopted under 28 U.S.C. 2072 and 2075,
- and shall conform to any uniform numbering system
- prescribed by the Judicial Conference of the United
- States. A local rule takes effect on the date
- specified by the district court and remains in effect
- unless amended by the court or abrogated by the
- judicial council of the circuit. Copies of rules and
- amendments shall, upon their promulgation, be
- furnished to the judicial council and the
- Administrative Office of the United States Courts
- and be made available to the public.
- (2)A local rule imposing a requirement
- of form shall not be enforced in a manner that
- causes a party to lose rights because of a nonwillful
- failure to comply with the requirement.
- (b)Procedures When There is No Controlling
- Law. A judge may regulate practice in any manner
- consistent with federal law, rules adopted under 28 U.S.C.
- 2072 and 2075, and local rules of the district. No
- sanction or other disadvantage may be imposed for
- noncompliance with any requirement not in federal law,
- federal rules, or the local district rules unless the alleged
- violator has been furnished in the particular case with actual
- notice of the requirement.
-