Amendments to the Federal Rules of Practice and Procedure
Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure adopted by the Supreme Court and transmitted to Congress on April 26, 2018. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following took effect on December 1, 2018:
Federal Rules of Appellate Procedure
Rule 8 Stay or Injunction Pending Appeal
Rule 11 Forwarding the Record
Rule 25 Filing and Service
Rule 26 Computing and Extending Time
Rule 28.1 Cross-Appeals
Rule 29 Brief of an Amicus Curiae
Rule 31 Serving and Filing Briefs
Rule 39 Costs
Rule 41 Mandate: Contents; Issuance and Effective Date; Stay
Form 4 Affidavit Accompanying Motion for Permission to Appeal in Forma Pauperis
Form 7 Declaration of Inmate Filing
Federal Rules of Bankruptcy Procedure
Rule 3002.1 Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence
Rule 5005 Filing and Transmittal of Papers
Rule 7004 Process; Service of Summons, Complaint
Rule 7062 Stay of Proceedings to Enforce a Judgment
Rule 8002 Time for Filing Notice of Appeal
Rule 8006 Certifying a Direct Appeal to the Court of Appeals
Rule 8007 Stay Pending Appeal; Bonds; Suspension of Proceedings
Rule 8010 Completing and Transmitting the Record
Rule 8011 Filing and Service; Signature
Rule 8013 Motions; Intervention
Rule 8015 Form and Length of Briefs; Form of Appendices and Other Papers
Rule 8016 Cross-Appeals
Rule 8017 Brief of an Amicus Curiae
Rule 8018.1 (new) District-Court Review of a Judgment that the Bankruptcy Court Lacked the Constitutional Authority to Enter
Rule 8021 Costs
Rule 8022 Motion for Rehearing
Rule 9025 Security: Proceedings Against Security Providers
Part VIII Appendix (new) Appendix: Length Limits Stated in Part VIII of the Federal Rules of Bankruptcy Procedure
Federal Rules of Civil Procedure
Rule 5 Serving and Filing Pleadings and Other Papers
Rule 23 Class Actions
Rule 62 Stay of Proceedings to Enforce a Judgment
Rule 65.1 Proceedings Against a Security Provider
Federal Rules of Criminal Procedure
Rule 12.4 Disclosure Statement
Rule 45 Computing and Extending Time
Rule 49 Serving and Filing Papers
Under 28 U.S.C. § 2074(a) and the Supreme Court orders dated April 26, 2018, the amendments govern all proceedings commenced on or after December 1, 2018, and all proceedings then pending “insofar as just and practicable.” The text of the new and amended rules and forms, 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, the following amended official bankruptcy forms and new and amended Director’s forms became effective on December 1, 2018. 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 411A General Power of Attorney
Official Form 411B Special Power of Attorney
Official Form 417A Notice of Appeal and Statement of Election
Official Form 417C Certificate of Compliance with Type-Volume Limit, Typeface Requirements, and Type-Style Requirements
Director’s Forms
Form 2000 Required Lists, Schedules, Statements, and Fees
Form 3180W Order of Discharge in Chapter 13 Case
Form 4170 (new) Declaration of Inmate Filing
See the attached document for a printable version of these changes.