Amendments to Federal Rules Effective December 1, 2023

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Seal of the Alabama Middle District

The following amended and new rules and forms became effective December 1, 2023:

  • Appellate Rules 2, 4, 26, and 45
  • Bankruptcy Rules 3011, 8003, 9006, and new Rule 9038
  • Official Bankruptcy Forms 410A and 417A
  • Civil Rules 6, 15, 72, and new Rule 87
  • Criminal Rules 16, 45, 56, and new Rule 62
  • Evidence Rules 106, 615, and 702

Please refer to the House Documents identified below for the text of the amended rules and accompanying committee notes effective December 1, 2023.

Rules of Appellate Procedure

The Federal Rules of Appellate Procedure govern procedure in the United States courts of appeals. The Supreme Court first adopted the Rules of Appellate Procedure by order dated December 4, 1967, transmitted to Congress on January 15, 1968, and effective July 1, 1968. The Appellate Rules and accompanying forms were last amended in 2023. Please refer to House Document 118-34 for the text of the amended rules and accompanying committee notes effective December 1, 2023.

Rules of Bankruptcy Procedure

The Federal Rules of Bankruptcy Procedure govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. The Bankruptcy Rules and Official Forms were last amended in 2023. Please refer to House Document 118-32 for the text of the amended rules and accompanying committee notes effective December 1, 2023.

Interim Bankruptcy Rule 1007-I

The National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, as amended by Public Law No.116-53, provides a temporary exclusion from the bankruptcy means test for certain reservists and members of the National Guard. At the request of the Judicial Conference's Advisory Committee on Bankruptcy Rules, Interim Rule 1007-I was transmitted to the courts for adoption as a local rule to implement the temporary exclusion. The temporary exclusion originally went into effect for three years on December 19, 2008. It has been extended several times by Congress, most recently until December 19, 2023.

Interim Bankruptcy Rule 1020 

The Bankruptcy Threshold and Technical Corrections Act (BTATC Act), Pub. L. 117-151 reinstates the total debt limit for determining eligibility of a debtor to proceed under subchapter V of chapter 11 to $7,500,000 – the amount previously in effect under the CARES Act. Interim Rule 1020 was revised to implement the CARES Act debt limit from March 27, 2020 to March 27, 2022, when the relevant CARES Act provisions expired. The BTATC Act restores the $7,500,000 limit retroactively for cases commenced on or after March 27, 2020 through June 21, 2024 (two years after the date of enactment of the BTATC Act), and Interim Rule 1020 is amended accordingly. The Advisory Committee on Bankruptcy Rules recommends that courts adopt Interim Rule 1020 as a local rule while the BTATC Act subchapter V limit is in effect.

Rules of Civil Procedure

The Federal Rules of Civil Procedure govern civil proceedings in the United States district courts. Their purpose is "to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. The rules were first adopted by order of the Supreme Court on December 20, 1937, transmitted to Congress on January 3, 1938, and effective September 16, 1938. The Civil Rules were last amended in 2023. Please refer to House Document 118-30 for the text of the amended rules and accompanying committee notes effective December 1, 2023.  

Rules of Criminal Procedure

The Federal Rules of Criminal Procedure govern criminal proceedings and prosecutions in the U.S. district courts, the courts of appeals, and the Supreme Court. Their purpose is to "provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay." Fed. R. Crim. P. 2. The original rules were adopted by order of the Supreme Court on December 26, 1944, transmitted to Congress on January 3, 1945, and effective March 21, 1946. The Criminal Rules were last amended in 2023. Please refer to House Document 118-31 for the text of the amended rules and accompanying committee notes effective December 1, 2023.  

Rules of Evidence

The Federal Rules of Evidence govern the admission or exclusion of evidence in most proceedings in the United States courts. The Supreme Court submitted proposed Federal Rules of Evidence to Congress on February 5, 1973, but Congress exercised its power under the Rules Enabling Act to suspend their implementation. The Federal Rules of Evidence became federal law on January 2, 1975, when President Ford signed the Act to Establish Rules of Evidence for Certain Courts and Proceedings, Pub. L. No. 93-595. As enacted, the Evidence Rules included amendments by Congress to the rules originally proposed by the Supreme Court. The Evidence Rules were last amended in 2023. Please refer to House Document 118-33 for the text of the amended rules and accompanying committee notes effective December 1, 2023.

Rules Governing Section 2254 and Section 2255 Proceedings

Generally, the Rules Governing Section 2254 Cases in the United States District Courts govern habeas corpus petitions filed in a United States district court pursuant to 28 U.S.C. § 2254 by a person in custody challenging his or her current or future custody under a state-court judgment on the grounds that such custody violates the Constitution or laws or treaties of the United States. The Rules Governing Section 2255 Proceedings for the United States District Courts govern motions to vacate, set aside or correct a sentence filed pursuant to 28 U.S.C. § 2255. Such motions must be filed in the sentencing court by a person in custody attacking the sentence imposed on the ground that the sentence was imposed in violation of the Constitution or laws of the United States, that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack.

The Supreme Court submitted proposed rules and forms governing proceedings under Section 2254 and Section 2255 to Congress on April 26, 1976, but Congress exercised its power under the Rules Enabling Act to suspend their implementation. The Rules Governing Section 2254 and Section 2255 Proceedings, as amended by Congress, became federal law on September 28, 1976, and made applicable to petitions filed under Section 2254 and motions filed under section 2255 on or after February 1, 1977. Pub. L. No. 94-426. The rules were last amended in 2019.