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Tuesday, December 1, 2020

Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, and Civil Procedure, and the Federal Rules of Evidence, adopted by the Supreme Court and transmitted to Congress on April 27, 2020.

Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following take effect today, December 1, 2020:

Federal Rules of Appellate Procedure
Rule 35 En Banc Determination
Rule 40 Petition for Panel Rehearing

Federal Rules of Bankruptcy Procedure
Rule 2002 Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee
Rule 2004 Examination
Rule 8012 Disclosure Statement
Rule 8013 Motions; Intervention
Rule 8015 Form and Length of Briefs; Form of Appendices and Other Papers
Rule 8021 Costs

Federal Rules of Civil Procedure
Rule 30 Depositions by Oral Examination

Federal Rules of Evidence
Rule 404 Character Evidence; Other Crimes, Wrongs, or Acts

Under 28 U.S.C. §§ 2074(a) and 2075, and the Supreme Court orders dated April 27, 2020, the amendments govern all proceedings commenced on or after December 1, 2020, and all proceedings then pending “insofar as just and practicable.” The text of the new and amended rules, 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:

Lastly, please review the News and Announcements posting from November 23, 2020, as it highlights changes to several Bankruptcy Fees and Bankruptcy Forms. You can find that posting here: Amendments to Bankruptcy Rules, Forms and Miscellaneous Fees Effective December 1, 2020. Those changes to the fees and forms also take effect today.