PRELIMINARY DRAFT OF PROPOSED AMENDMENTS ΤΟ Rules of Civil Procedure for the District Courts of the U.S. Supreme court. Prepared by the ADVISORY COMMITTEE ON RULES Λ FOR CIVIL PROCEDURE MAY 1944 New matter is shown by italics; matter to be omitted UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1944 UNITED STATES OF AMERICA . JUL 1144 FOREWORD The Federal Rules of Civil Procedure have been in effect since September 16, 1938, and consideration is now being given to making such amendments as experience shows to be necessary. Before the rules were promulgated, preliminary drafts were circulated among lawyers and judges for criticism, and their suggestions contributed in large measure to the success of the new system. We are following the same course now. The Advisory Committee desire criticism and suggestions from the bench and bar, before reaching a conclusion as to the amendments to be recommended to the Supreme Court. We hope that local committees will be appointed by the federal judges and by bar associations to consider this draft, as was done when the original rules were prepared, and that individual lawyers will submit their views, either through the local committees or directly to the Advisory Committee. The Advisory Committee desire that all suggestions be in their hands by September 1, 1944, or earlier. All communications for the Advisory Committee should be addressed to: Advisory Committee on Rules for Civil Procedure, This draft has not been approved by the Supreme Court, and it should be understood that the Court is in no way committed to it, and indeed has not con III BB R sidered it, except to authorize the Committee to incur the expense of printing and distribution. William D. Mitchell, Chairman, George Wharton Pepper, Vice Chairman, Charles E. Clark, Reporter, Wilbur H. Cherry, Armistead M. Dobie, Robert G. Dodge, George Donworth, Joseph G. Gamble, Monte M. Lemann, Scott M. Loftin, Edmund M. Morgan, Edson R. Sunderland, Advisory Committee. PRELIMINARY DRAFT OF AMENDMENTS TO RULES Depositions Before Action or Pending Appeal__-. Persons Before Whom Depositions May be Taken__ Discovery and Production of Documents and Things for Inspection, Copying, or Photographing - - - - - Admission of Facts and of Genuineness of Docu- |