FRCV97.ZRL Misc.

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SUPREME COURT OF THE UNITED STATES

April 11, 1997

ORDERED:

1.That the Federal Rules of Civil Procedure for the United States
District Courts be, and they hereby are, amended by including therein
amendments to Civil Rules 9 and 73, and abrogation of Rules 74, 75, and 76,
and amendments to Forms 33 and 34.

[See infra., pp. _____ _____ _____ .]

2.That the foregoing amendments to the Federal Rules of Civil
Procedure shall take effect on December 1, 1997, and shall govern all
proceedings in civil cases thereafter commenced and, insofar as just and
practicable, all proceedings in civil cases then pending.

3.That THE CHIEF JUSTICE be, and hereby is, authorized to
transmit to the Congress the foregoing amendments to the Federal Rules of
Civil Procedure in accordance with the provisions of Section 2072 of Title 28,
United States Code.

PROPOSED AMENDMENTS TO THE
FEDERAL RULES OF CIVIL PROCEDURE

Rule 9. Pleading Special Matters

* * * * *
(h) Admiralty and Maritime Claims. A pleading
or count setting forth a claim for relief within the admiralty
and maritime jurisdiction that is also within the jurisdiction
of the district court on some other ground may contain a
statement identifying the claim as an admiralty or maritime
claim for the purposes of Rules 14(c), 38(e), 82, and the
Supplemental Rules for Certain Admiralty and Maritime
Claims. If the claim is cognizable only in admiralty, it is
an admiralty or maritime claim for those purposes whether
so identified or not. The amendment of a pleading to add
or withdraw an identifying statement is governed by the
principles of Rule 15. A case that includes an admiralty or
maritime claim within this subdivision is an admiralty case
within 28 U.S.C. 1292(a)(3).

Rule 73. Magistrate Judges; Trial by Consent and
Appeal
(a) Powers; Procedure. * * * * * A record of the
proceedings shall be made in accordance with the
requirements of Title 28, U.S.C. 636(c)(5).
* * * * *
(c) Appeal. In accordance with Title 28, U.S.C.
636(c)(3), appeal from a judgment entered upon direction
of a magistrate judge in proceedings under this rule will lie
to the court of appeals as it would from a judgment of the
district court.
[ (d) Optional Appeal Route. ] (Abrogated)

[Rule 74. Method of Appeal From Magistrate Judge to
District Judge Under Title 28, U.S.C. 636(c)(4) and
Rule 73(d)] (Abrogated)

[Rule 75. Proceedings on Appeal From Magistrate
Judge to District Judge Under Rule 73(d)] (Abrogated)

[Rule 76. Judgment of the District Judge on the Appeal
Under Rule 73(d) and Costs] ( Abrogated)
APPENDIX OF FORMS

Form 33. Notice of Availability of Magistrate Judge to Exercise
Jurisdiction
* * * * *
An appeal from a judgment entered by a magistrate judge
may be taken directly to the United States court of appeals for this
judicial circuit in the same manner as an appeal from any other
judgment of a district court.

Copies of the Form for the "Consent to Jurisdiction by a
United States Magistrate Judge" are available from the clerk of the
court.

Form 34. Consent to Exercise of Jurisdiction by a United States
Magistrate Judge
* * * * *
CONSENT TO JURISDICTION BY A UNITED STATES
MAGISTRATE JUDGE

In accordance with the provisions of Title 28, U.S.C. 636(c),
the undersigned party or parties to the above-captioned civil matter
hereby voluntarily consent to have a United States magistrate judge
conduct any and all further proceedings in the case, including trial,
and order the entry of a final judgment.

Date Signature

Note: Return this form to the Clerk of the Court if you consent to
jurisdiction by a magistrate judge. Do not send a copy of
this form to any district judge or magistrate judge.