AMENDMENTS TO RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS Effective July 1, 1970 The following amendments to the Rules of Civil Procedure for the United States District Courts were prescribed by the Supreme Court of the United States on March 30, 1970, pursuant to 28 U. S. C. § 2072, and were reported to Congress by THE CHIEF JUSTICE on the same date. For the letter of transmittal, see post, p. 978. The Judicial Conference report referred to in that letter is not reproduced herein. These amendments became effective July 1, 1970, as provided in paragraph 2 of the Court's order, post, p. 979. For earlier publications of the Rules of Civil Procedure and the amendments thereto, see 308 U. S. 645, 308 U. S. 642, 329 U. S. 839, 335 U. S. 919, 341 U. S. 959, 368 U. S. 1009, 374 U. S. 861, 383 U. S. 1029, and 389 U. S. 1121. LETTER OF TRANSMITTAL SUPREME COURT OF THE UNITED STATES WASHINGTON, D. C. MARCH 30, 1970. To the Senate and House of Representatives of the United States of America in Congress Assembled: By direction of the Supreme Court, I have the honor to submit to the Congress proposed amendments to the Rules of Civil Procedure for the United States District Courts which have been adopted by the Supreme Court, pursuant to Title 28, United States Code, Section 2072. MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS dissent from the action of the Court. Accompanying these amendments is the report of the Judicial Conference of the United States submitted to the Court for its consideration, pursuant to Title 28, United States Code, Section 331. Respectfully, (Signed) WARREN E. BURGER, Chief Justice of the United States. SUPREME COURT OF THE UNITED STATES MARCH 30, 1970 ORDERED: 1. That subdivision (a) of Rule 5, subdivision (h) of Rule 9 and Rules 26, 29, 30, 31, 32, 33, 34, 35, 36 and 37, and subdivision (d) of Rule 45, subdivision (a) of Rule 69, and Form 24 of the Rules of Civil Procedure for the United States District Courts be, and they hereby are, amended to read as follows: [See infra, pp. 981-1007.] 2. That the foregoing amendments to the Rules of Civil Procedure shall take effect on July 1, 1970, and shall govern all proceedings in actions brought thereafter and also in all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action then pending would not be feasible or would work injustice, in which event the former procedure applies. 3. That the Chief Justice be, and he hereby is, authorized to transmit to the Congress the foregoing amendments to the Rules of Civil Procedure in accordance with the provisions of Title 28, U. S. C., § 2072. MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS disapprove of the Amendments to the Federal Rules of Civil Procedure relating to Discovery, and dissent from the action of the Court in transmitting them to the Congress. AMENDMENTS TO FEDERAL RULES OF APPELLATE PROCEDURE Rule 30. Appendix to the briefs (a) Duty of appellant to prepare and file; content of appendix; time for filing; number of copies.-The appellant shall prepare and file an appendix to the briefs which shall contain: (1) the relevant docket entries in the proceeding below; (2) any relevant portions of the pleadings, charge, findings or opinion; (3) the judgment, order or decision in question; and (4) any other parts of the record to which the parties wish to direct the particular attention of the court. The fact that parts of the record are not included in the appendix shall not prevent the parties or the court from relying on such parts. Unless filing is to be deferred pursuant to the provisions of subdivision (c) of this rule, the appellant shall serve and file the appendix with his brief. Ten copies of the appendix shall be filed with the clerk, and one copy shall be served on counsel for each party separately represented, unless the court shall by rule or order direct the filing or service of a lesser number. (c) Alternative method of designating contents of the appendix; how references to the record may be made in the briefs when alternative method is used.—If the court shall so provide by rule for classes of cases or by order in specific cases, preparation of the appendix may be deferred until after the briefs have been filed, and the appendix may be filed 21 days after service of the brief of the appellee. If the preparation and filing of the appendix is thus deferred, the provisions of subdivision (b) of this Rule 30 shall apply, except that the designa |