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Law Quadrangle (formerly Law Quad Notes)

Abstract

Professor Cooper has been Reporter of the Advisory Committee for the Federal Rules of Civil Procedure since 1992. This note reports on the Advisory Committee's current work on the class action rule, Civil Rule 23. The rulemaking process has become the subject of increased attention in recent years, and it is hoped that this report will stimulate additional interest and responses.

This is a midpoint progress report of the Reporter on current proposals to amend the class action rule, Rule 23 of the Federal Rules of Civil Procedure. In part, it is one of many calls for help. The proposed amendments have been published for comment. It is important that the rulemakers hear from as many interested observers as possible. One of the pitfalls of the comment process - at least one of the pitfalls that the rulemakers like to believe in - is that there are many observers who believe that the rulemakers have got it right, and do not need to be told that they have got it right. The record of comments may make proposals seem more controversial, or less well advised, than they are. And in other part, this report is an illustration of the care that is taken in the largely invisible process that continually reviews, and periodically amends, the rules.

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