Controversial Major Amendments to the Federal Civil Rules May Soon be in Effect

Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | November 14, 2007 - 18:26

Every Federal Rule of Civil Procedure will be changed, effective Dec. 1, 2007, unless Congress acts otherwise. The changes include substantive changes, organizational changes (moving sections around) and stylistic changes. The stylistic changes are being made because the Civil Rules have been amended piece-meal over the years, and the language sometimes does not track from one rule to another. The rules contain arcane language. Although the stylistic changes are not supposed to change the meaning of the rules, some attorneys may base arguments upon subtle differences in the language. See West's five-minute video: Major Federal Civil Procedural Rules Changes Effective Dec. 1st, 2007.

Some legal scholars question whether changes in the language of the rules can be made without changing the meaning of the rules. These scholars believe the amended rules will create chaos in the courts, with little benefits. The Law Librarian Blog cites two articles which advocate the postponement of the effective date of the new rules, so the new rules can be studied further: