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Amendments to Rules of Civil Procedures
Benjamin Spencer at Federal Civil Practice Bulletin reports on Professor Stephen Gensler’s update on the recent meeting of the Advisory Committee of the Civil Rules.  Read the report here

According to the report, the Committee is considering elimination of the “so-called '11-day' rule by which intermediate weekends and holidays are excluded from periods of less than 11 days. In other words, all days would count regardless of the length of the period. In that vein, the committee has been examining all of the deadlines in the civil rules to determine whether they would need to be adjusted in light of the fact that intermediate weekends and holidays would count. Rule 6 would retain the 'last day' rule, which extends the deadline to the next day that is not a weekend, holiday, or day when the clerk’s office is otherwise inaccessible.” 

The report also notes that the committee is considering amendments to Rule 56 to standardize the process of moving for and responding to motions for summary judgment and to address motions for partial summary judgment.  In my practice, I prepare motions for summary judgment in many jurisdictions and I think every one has different procedures and deadlines and other requirements.  Some uniformity would be nice, although it is sort of interesting to see the many different ways that courts can organize the summary judgment procedure. 

Additionally, the Committee is considering changes to Rule 26 to address work product protection for documents shown to an expert. John Day at Day on Torts recently wrote about that issue in the Sixth Circuit. 

As Professor Spencer notes, all of these issues are "still in the study and development phase" and if they proceed, we will all get the chance to comment.
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