The U.S. Judicial Conference recommends and transmits the proposal to the U.S. Supreme Court (the fifth of seven key steps on the path towards enactment); the Supreme Court must consider the recommendation by May 1, 2011
The ongoing effort to restyle the FRE took another significant step last week. On September 14, 2010, the U.S. Judicial Conference recommended and transmitted the proposal to the U.S. Supreme Court for its consideration. See Report Of The Judicial Conference Committee On Rules Of Practice And Procedure To The Chief Justice Of The United States And Members Of The Judicial Conference Of The United States, at 27-30; see also Proposed Amendments to the Federal Rules of Evidence.
Under the Rules Enabling Act, the Supreme Court will have until May 1, 2011 to decide whether to transmit the proposed amendments to Congress for its consideration. See 28 U.S.C. § 2074(a) (“The Supreme Court shall transmit to the Congress not later than May 1 of the year in which a rule prescribed under section 2072 is to become effective a copy of the proposed rule. Such rule shall take effect no earlier than December 1 of the year in which such rule is so transmitted unless otherwise provided by law.”). The approval by the Judicial Conference, last week, is the fifth of seven key steps identified by the Administrative Office of the Courts:
August 2009 – December 2011 Amendments (Effective Dec. 1, 2011)
Proposed Amendments to the Federal Rules of Evidence: August 2009
The Federal Evidence.Blog will continue to monitor the progress of the FRE restyling proposal. For more information, along with a time line and links to many of the reports considered during the drafting and review process, see the Restyling FRE Legislative History Page.