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The language of Rule 1 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. The merger of law, equity, and admiralty practice is complete. There is no need to carry forward the phrases that initially accomplished the merger. See SEC v. McCarthy , F.

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The Civil Rules are the third set of the rules to be restyled. The restyled Rules of Appellate Procedure took effect in The restyled Rules of Criminal Procedure took effect in The restyled Rules of Civil Procedure apply the same general drafting guidelines and principles used in restyling the Appellate and Criminal Rules.

General Guidelines.

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Formatting Changes. Many of the changes in the restyled Civil Rules result from using format to achieve clearer presentation. The rules are broken down into constituent parts, using progressively indented subparagraphs with headings and substituting vertical for horizontal lists. These formatting changes make the structure of the rules graphic and make the restyled rules easier to read and understand even when the words are not changed.

Rule 14 a illustrates the benefits of formatting changes. The restyled rules reduce the use of inconsistent terms that say the same thing in different ways. Because different words are presumed to have different meanings, such inconsistencies can result in confusion. The restyled rules reduce inconsistencies by using the same words to express the same meaning.

Some variations of expression have been carried forward when the context made that appropriate. The number of variations has been reduced, but at times the former words were carried forward.

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None of the changes, when made, alters the rule's meaning. The restyled rules minimize the use of inherently ambiguous words. The restyled rules also remove words and concepts that are outdated or redundant. The restyled rules remove a number of redundant cross-references. For example, Rule 8 b states that a general denial is subject to the obligations of Rule 11, but all pleadings are subject to Rule Removing such cross-references does not defeat application of the formerly cross-referenced rule. Rule Numbers. The restyled rules keep the same rule numbers to minimize the effect on research.

Subdivisions have been rearranged within some rules to achieve greater clarity and simplicity. The only change that moves one part of a rule to another is the transfer of former Rule 25 d 2 to Rule 17 d. The restyled rules include a comparison chart to make it easy to identify transfers of provisions between subdivisions and redesignations of some subdivisions.

Other Changes. The style changes to the rules are intended to make no changes in substantive meaning.

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A very small number of minor technical amendments that arguably do change meaning were approved separately from the restyled rules, but become effective at the same time. Most of the changes in Styles Rule [sic] 1—86 reflect style improvements made in response to public comments and continuing work by consultants, reporters, Subcommittees A and B, the Standing Committee Style Subcommittee, and the Advisory Committee. They are marked above [omitted] as changes made after publication. An explanation of each would be both burdensome and unnecessary. Many are self-explanatory.

Some are set out in the introduction to the Style Project materials. Others are explained in the minutes of the May Civil Rules Committee meeting.

A few changes—and decisions against change—deserve individual mention here as well. Subcommittee A accepted this recommendation.

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  5. As noted in the introduction, the Committee Note to Rule 1 is expanded to include a general description of the Style Project. The comments took pains to express no view on the desirability of substantive change. A syntactic ambiguity in Rule 65 d was corrected in response to comments and further research demonstrating that the ambiguity resulted from inadvertent omission of a comma when the Rule was adopted to carry forward former 28 U. As revised, Rule 65 d clearly provides that an injunction binds a party only after actual notice.

    The Committee sought to amend Rule 1 to include clarifying language that the Federal Rules of Civil Procedure should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. While not creating any new set of sanctions, Rule 1 added specific language that the Rules were to be employed by the court and the parties. Currently, Rule 4 m requires that the summons and complaint in an action must be served within days.

    The Committee initially proposed to amend Rule 4 by halving this time period from days to 60 days, but was eventually persuaded by the subsequent public comments to curb the decrease from days to 90 days. Among these comments were concerns that compliance with Rule 4 m could be difficult with defendants that were difficult to locate or serve, as well as the potential for difficulties should a defendant refuse a waiver of service and force service in the resulting shortened period.

    The first significant changes to the Federal Rules of Civil Procedure come in the form of amendments to Rule While Rule 16 b 1 A will continue to allow courts to craft the scheduling order based on the parties Rule 26 f report, the amendment will also encourage direct communications where warranted between judges and parties. The second and third amendments to Rule 16 attempt to speed up the issuance of the scheduling order as well as expand the list of topics that can be addressed. Rule 16 b 2 reduces the time for issuance of the scheduling order from days to 90 days after a defendant has been served, or from 90 days to 60 days after any defendant has appeared.

    Finally, the last amendment reflects the growing consensus favoring a discovery conference with the court before the filing of any discovery motion. The Committee also recommended significant changes to Rule Currently, Rule 26 c 1 allows the issuance of protective orders to protect a party or person from whom discovery is sought.


    Finally, the Committee proposed the addition of Rule 26 d 2 to allow a party to serve a Rule 34 document production request prior to the Rule 26 f meeting between the parties. While the requesting party is free to serve the Rule 34 request prior to the Rule 26 f meeting, the date of service would be calculated as the date of the first 26 f meeting. Minor amendments were proposed for Rules 30, 31, and 33, which govern depositions by oral examination, depositions by written questions, and interrogatories, respectively.

    The parallel amendments were proposed to reflect the newly-added proportionality factor in Rule 26 b 1. The Committee proposed several significant amendments to Rule 34, which governs the production of documents, ESI, and tangible things, or entering onto land for inspection or other purposes. These amendments seek to avoid common issues arising in discovery, including the use of boilerplate objections, whether or not documents are being withheld on the basis of objections, and the timing of production of responsive documents.

    The second amendment addresses the use of boilerplate objections by proposing to amend Rule 34 b 2 B to require that objections to Rule 34 document production requests be stated with specificity. Such broad and boilerplate objections have recently become commonplace in discovery disputes.

    Indeed, the Committee Note to Rule 34 b 2 B indicates that while an objection may be raised to the broad nature of a request, the objection should state the scope that is not overbroad if a portion of the request is appropriate. Additional language is also proposed in Rule 34 b 2 B to allow a responding party to state that it will produce copies of documents or ESI in lieu of permitting inspection, and requiring that the production must be completed no later than the time for inspection specified in the request or another reasonable time specified in the response.

    Finally, the Committee also addresses the issue of withholding documents based on an asserted objection. Rule 34 b 2 C currently provides that an objection to a request must specify the part and allow inspection of the remainder. The Committee proposed significant amendments to Rule 37, and sought to rewrite the current rule with respect to preserving electronically stored information.

    Adopted in , the current form of Rule 37 only cautioned the court against imposing sanctions for properly preserving ESI.