Redrafting All the Federal Court Rules: A 30-Year Odyssey

Abstract

All five sets of U.S. federal court rules—Appellate Procedure, Civil Procedure, Criminal Procedure, Evidence, and Bankruptcy Procedure—have now been completely redrafted for clarity, consistency, and plain language. The first four have taken effect, and Bankruptcy should take effect in December 2024. I was a drafting consultant on several of the projects. This article describes the genesis of the projects, the redrafting process, and the constraints. It also includes lessons for any revisory project and many before-and-after examples. This work is a cause for celebration.

Keywords: legal drafting, legal writing, revisory projects, plain language, court rules,