Changes to Federal Rules of Procedure Take Effect | Practical Law

Changes to Federal Rules of Procedure Take Effect | Practical Law

On December 1, 2013, changes to the Federal Rules of Appellate Procedure (FRAP), Federal Rules of Civil Procedure (FRCP), Federal Rules of Criminal Procedure, Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence (FRE) took effect. Increases to the federal courts' miscellaneous fee schedules also took effect on this date. This Legal Update highlights these important changes.

Changes to Federal Rules of Procedure Take Effect

Practical Law Legal Update 1-550-7625 (Approx. 4 pages)

Changes to Federal Rules of Procedure Take Effect

by Practical Law Litigation
Published on 03 Dec 2013 • USA (National/Federal)
On December 1, 2013, changes to the Federal Rules of Appellate Procedure (FRAP), Federal Rules of Civil Procedure (FRCP), Federal Rules of Criminal Procedure, Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence (FRE) took effect. Increases to the federal courts' miscellaneous fee schedules also took effect on this date. This Legal Update highlights these important changes.
On December 1, 2013, changes to the Federal Rules of Appellate Procedure, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Bankruptcy Procedure and Federal Rules of Evidence, as well as the federal courts' miscellaneous fee schedules, took effect.

Federal Rules of Appellate Procedure

Amendments to the following Federal Rules of Appellate Procedure took effect on December 1, 2013:
  • Rule 13: Appeals from Tax Court.
  • Rule 14: Applicability of Other Rules to Appeals from Tax Court.
  • Rule 24: Proceeding in Forma Pauperis.
  • Rule 28: Briefs.
  • Rule 28.1: Cross-Appeals.
Conforming amendments to Form 4: Affidavit Accompanying Motion for Permission to Appeal in Forma Pauperis also took effect on December 1.

Federal Rules of Civil Procedure

Amendments to the following Federal Rules of Civil Procedure took effect on December 1, 2013:
  • Rule 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions.
  • Rule 45: Subpoena.
Conforming amendments to the following forms also took effect on December 1:

Federal Rules of Criminal Procedure

Amendments to the following Federal Rules of Criminal Procedure took effect on December 1, 2013:
  • Rule 11: Pleadings.
  • Rule 16: Discovery and Inspection.

Federal Rules of Bankruptcy Procedure

Amendments to the following Federal Rules of Bankruptcy Procedure took effect on December 1, 2013:
  • Rule 1007: Lists, Schedules, Statements, and Other Documents; Time Limits.
  • Rule 4004: Grant or Denial of Discharge.
  • Rule 5009: Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, Chapter 13 Individual's Debt Adjustment, and Chapter 15 Ancillary and Cross-Border Cases.
  • Rule 9006: Computing and Extending Time; Time for Motion Papers.
  • Rule 9013: Motions: Form and Service.
  • Rule 9014: Contented Matters.
Conforming amendments to the following forms also took effect on December 1:

Federal Rules of Evidence

Amendments to Federal Rule of Evidence 803: Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant is Available as a Witness took effect on December 1, 2013.

Miscellaneous Fee Schedules

The Judicial Conference announced changes to the federal court miscellaneous fee schedules, which took effect on December 1, 2013:
  • The fee for docketing a case in the US Courts of Appeals increased from $455 to $505, which includes a $500 fee to docket the appeal and a $5 filing fee.
  • The records retrieval fee increased from $53 to $64 for the first box requested from a Federal Records Center and there is a new fee of $39 for each additional box requested.
  • There is a $53 fee for any payment returned or denied for insufficient funds.