Federal Rules Changes Approved, Effective 12/1/2003

The U.S. Supreme Court has approved and sent to Congress amendments to Federal Rule of Civil Procedure 23, relating to class actions. The amendments spell out requirements for the contents of notice to a Rule 23(b)(3) class, describe procedures for settlement approval, establish standards for the appointment of class counsel, and set procedures for fee petitions in class actions. Unless the subject of a legislative veto, the amendments will take effect December 1, 2003.

In addition, the U.S. Supreme Court also has approved changes to rules of civil procedure and evidence governing jury instructions and the use of masters. These amended rules are Fed.R.Civ.P. 51, 53, 54 and 74A, and Fed.R.Evid. 608(b). Absent Congressional action, all of these changes will take effect on December 1, 2003 in pending cases, unless not “just and practicable,” as well as in all new cases.

Click here to see the changes to the Federal Rules of Civil Procedure in non-redline and redline form with commentary, and here to see the changes to the Federal Rules of Evidence in non-redline and redline form with commentary.