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Amendments to the Federal Rules of Practice and Procedure

Thursday, December 11, 2014

Effective December 1, 2014

Congress has taken no action on the amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure, and the Federal Rules of Evidence adopted by the Supreme Court and transmitted to Congress on April 25, 2014.  Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following amendments take effect on December 1, 2014:

  • Appellate Rule 6
  • Bankruptcy Rules 1014, 7004, 7008, 7054, 8001-8028, 9023, and 9024
  • Civil Rule 77
  • Criminal Rules 5, 6, 12, 34, and 58
  • Evidence Rules 801(d)(1)(B) and 803(6)–(8)

Under 28 U.S.C. § 2074(a) and the Supreme Court orders dated April 25, 2014, the amendments will govern all proceedings commenced on or after December 1, 2014, and all proceedings then pending “insofar as just and practicable.”

The text of the amended rules as well as extensive supporting documentation – including excerpts from the reports of the Judicial Conference Committee on Rules of Practice and Procedure containing the Committee Notes, which are part of House Documents 113-161, 113-162, 113-163, 113-164, and 113-165—can be found on the Judiciary’s Federal Rules of Practice & Procedure website at: http://www.uscourts.gov/rules-policies.

In addition, the following Official Bankruptcy Forms take effect on December 1, 2014:

  • B 3A   -    Application for Individuals to Pay the Filing Fee in Installments
  • B 3B   -    Application to Have the Chapter 7 Filing Fee Waived
  • B 06   -    Summary
  • B 17A   -    Notice of Appeal and Statement of Election
  • B 17B   -    Optional Appellee Statement of Election to Proceed in District Court
  • B 17C   -    Certificate of Compliance with Rule 8015(a)(7)(B) or 8016(d)(2)
  • B 22A-1   -    Chapter 7 Statement of Your Current Monthly Income
  • B 22A-1 Supp   -    Statement of Exemption from Presumption of Abuse Under §707(b)(2)
  • B 22A-2   -    Chapter 7 Means Test Calculation
  • B 22B   -    Chapter 11 Statement of Your Current Monthly Income
  • B 22C-1   -    Chapter 13Statement of Your Current Monthly Income and Calculation of Commitment Period
  • B 22C-2   -    Chapter 13 Calculation of Your Disposable Income