Congress has taken no action on the proposed 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 24, 2023. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the following take effect on December 1, 2023:
Federal Rules of Appellate Procedure
Rule 2 | Suspension of Rules |
Rule 4 | Appeal as of Right--When Taken |
Rule 26 | Computing and Extending Time |
Rule 45 | Clerk's Duties |
Federal Rules of Civil Procedure
Rule 6 | Computing and Extending Time; Time for Motion Papers |
Rule 15 | Amended and Supplemental Pleadings |
Rule 72 | Magistrate Judges: Pretrial Order |
Rule 87 | Civil Rules Emergency |
Federal Rules of Criminal Procedure
Rule 16 | Discovery and Inspection |
Rule 45 | Computing and Extending Time |
Rule 56 | When Court is Open |
Rule 62 | Criminal Rules Emergency |
Federal Rules of Evidence
Rule 106 | Remainder of or Related Statements |
Rule 615 | Excluding Witnesses from the Courtroom; Preventing an Excluded Witness's Access to Trial Testimony |
Rule 702 | Testimony by Expert Witnesses |
Under 28 U.S.C. §§ 2074 and 2075, and the Supreme Court orders dated April 24, 2023, the amendments govern all proceedings commenced on or after December 1, 2023, and all proceedings then pending “insofar as just and practicable.” Links to the text of the 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.
In addition, two amended official bankruptcy forms became effective on December 1, 2023. As approved by the Judicial Conference, amendments to official bankruptcy forms govern all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending. One Director’s Form will also be updated on December 1, 2023. The forms are posted on the Bankruptcy Forms page of the Judiciary’s website.
Official Bankruptcy Forms
Form 410A | Mortgage Proof of Claim Attachment |
Form 417A | Notice of Appeal and Statement of Election |
Director's Form
Form 1340 | Application for Payment of Unclaimed Funds |