Changes to Federal Rules of Civil Procedure

Monday, November 23, 2015

There are several changes to the Federal Rules of Civil Procedure taking effect on December 1, 2015.  Most particularly, FRCP 4, 16 and 26 (7004, 7016 and 7026), which specifically refer to the civil rule counterparts as applying in bankruptcy.   These revised rules will change existing deadlines for service of the Adversary complaint and the scheduling order process, as well as change how courts handle discovery.  The time limit for service of the Adversary complaint will change from 120 days to 90 days after the complaint is filed. The time to issue the scheduling order in an Adversary Proceeding will be reduced to the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.