Active Rules Tracker

Rule (Topic)

Purpose of Amendment

Committee

Stage

FRCP 16.1
(Multidistrict Litigation)

New MDL meet and confer rule for parties. Requires parties provide a report to the transferee judge, including the recommendations for the appointment of leadership. The parties and court are instructed to consider several prompts.

Members handling MDLs should thoroughly review the approved rule and accompanying committee note.

Civil

Scheduled to become effective 12/1/25

FRCP 26(f)(3)(D) & 16(b)(3)(B)
(Privilege Logs)

Requires parties and the court to address issues of privilege. The final amendment avoids weighing in on issues of cost or over-designation. The defense bar’s push for mandatory categorical logging was rejected by the Advisory Committee.

Civil

Scheduled to become effective 12/1/25

FRAP 29
(Brief of Amicus Curiae)

Would require expanded disclosure of amici’s financial relationships with parties and non-parties; eliminate the party-consent option for filing amicus briefs and impose new content restrictions.

Appellate

Active Formal Comment Pd.
(ends 2/17/25)

FRE 801(d)(1)(A)
(Prior Inconsistent Statements)

Would provide limited exemption from the hearsay rule for prior inconsistent statements of a testifying witness.

Evidence

Active Formal Comment Pd. (ends 2/17/25)

FRCP 41(a)
(Voluntary Dismissal)

Would clarify a circuit split and permit dismissal of some but not all claims in an action. Some circuits have been dismissing all claims.

Civil

Approved for
Formal Comment (starts Aug. 25)

FRCP 81(c)
(Post-Removal Jury Demands)

Would preserve the rights of parties who demanded a jury trial before removal and clarify that FRCP 38 applies in removed cases where no prior jury demand was made.

Civil

Approved for
Formal Comment (starts Aug. 25)

FRCP 7.1
(Corporate Disclosures)

Would expand the disclosure requirements for “grandparent” corporations to help courts identify party ownership. AAJ expects pushback from the defense bar.

Civil

Informal Rulemaking

FRCP 43 & 45
(Remote Testimony)

Would amend Rules 43(a) and 45(c) to permit live remote testimony at trial if in-person testimony is not possible.

Civil

Informal Rulemaking

FRCP 45(b)(1)
(Service of Subpoena)

Would make it easier to serve a subpoena, particularly in gated communities or other locations where physical barriers allow witnesses to avoid service.

Civil

Informal Rulemaking

FRCP 55(a) & (b)
(Default Judgment)

Would change from mandatory to discretionary the duty of clerks to enter a default or a default judgment

Civil

Informal Rulemaking

FRCP 5.2 & CR 49.1
(Privacy Protection for Court Filings)

Would update privacy rules to: (1) protect minors’ privacy by requiring the use of gender-neutral pseudonyms, and (2) require redaction of all digits of Social Security numbers (eliminating the last four digits).

Civil,
Criminal

Informal Rulemaking

Artificial Intelligence

Would amend FRE 901 to address fabricated or altered evidence created by AI (“deepfakes”) and/or create a new FRE 707 to apply FRE 702 reliability standards to machine-generated output. The Advisory Committee appears more interested in pursuing FRE 707.

Evidence

Informal Rulemaking

Special Masters

Would substitute new term for “Special Master” or “Court-Appointed Master,” such as “Court-Appointed Neutral”

Civil

Informal Rulemaking

Cross-Border Discovery

May require consideration of international law and proportionality in cross-border discovery requests.

Civil

Informal Rulemaking

TPLF Disclosure

May require disclosure of third-party litigation funding agreements/arrangements in discovery.

Civil

Informal Rulemaking