Journal Title

Criminal Justice

Volume

22

Issue

1

First Page

56

Document Type

Article

Publication Information

2007

Abstract

In June 2007, the Standing Committee on the Federal Rules of Procedure and Evidence authorized publication for comment on a number amendments to the rules of criminal procedure. The amendment to Criminal Rule 7 would delete subdivision (c)(2) because it is covered in Rule 32.2(a). The change to Criminal Rule 32 would provide that the presentence report should state whether the government is seeking forfeiture of property. Amendments to Criminal Rule 32.2. would change a number of procedures related to criminal forfeiture. Criminal Rule 41 would create a two-step process for seizing and reviewing electronic storage media. Amendments to the Rules Governing § 2254 Proceedings would include creation of a new Rule 11, which would make the requirements concerning certificates of appealability more prominent, and renumbering of the current Rule 11 to Rule 12. The amendment to the Rules Governing § 2255 Proceedings would include a new Rule 11 parallel to Rule 11 for § 2254. Finally, there are a number of proposed time-computation amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure which are intended to clarify how time periods are calculated.

Recommended Citation

David A. Schlueter, Federal Rules Update: How Rules Are Made: A Brief Review, 22 Crim. Just. 56 (2007).

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