U.S. Chief Justice John Roberts has forwarded to Congress proposed amendments to the federal rules, including the Federal Rules of Civil Procedure (FRCP). Unless Congress takes action to stop the changes, they will take effect December 1, 2013. The FRCP changes focus on Rules 37 and 45 and are intended to simplify Rule 45 and subpoena practice. The proposed amendments would make the court where an action is pending the issuing court and permit service throughout the United States. All provisions on the place of compliance would be combined in a new Rule 45(c). Among other matters, the amendments would dispense with distinctions between parties, party officers and all other witnesses to the extent that a subpoena may command any person to testify within the limits that apply to all witnesses.
Proposed amendments to the Federal Rules of Appellate Procedure include briefing requirements in Rules 28 and 28.1 that would establish a new “concise statement of the case” rather than a separate “statement of the case” and “statement of facts.”