Union Calendar No. 170

103D CONGRESS

1ST SESSION H. R. 2814

[Report No. 103–319]

A BILL

To permit the taking effect of certain proposed

rules of civil procedure, with modifications.

NOVEMBER 3, 1993

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 170

103D CONGRESS

1ST SESSION H. R. 2814

[Report No. 103–319]

To permit the taking effect of certain proposed rules of civil procedure,

with modifications.

IN THE HOUSE OF REPRESENTATIVES

JULY 30, 1993

Mr. HUGHES (for himself and Mr. MOORHEAD) introduced the following bill;

which was referred to the Committee on the Judiciary

NOVEMBER 3, 1993

Additional sponsors: Mr. DARDEN, Mr. SPRATT, Mr. BLUTE, and Mr.

VALENTINE

NOVEMBER 3, 1993

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To permit the taking effect of certain proposed rules of

civil procedure, with modifications.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Civil Rules Amend3 ments Act of 1993’’.

4 SEC. 2. MODIFICATION OF PROPOSED AMENDMENTS.

5 The proposed amendments to the Federal Rules of

6 Civil Procedure which are embraced by an order entered

7 by the Supreme Court of the United States on April 22,

8 1993, shall take effect on December 1, 1993, as otherwise

9 provided by law, but with the following amendments:

10 (1) RULE 26.—

11 (A) IN GENERAL.—Proposed rule 26(a) is

12 amended so that paragraph (1) reads as

13 follows:

14 ‘‘(1) INSURANCE AGREEMENTS.—A party may

15 obtain discovery of the existence and contents of any

16 insurance agreement under which any person carry17 ing on an insurance business may be liable to satisfy

18 part or all of a judgment which may be entered in

19 the action or to indemnify or reimburse for pay20 ments made to satisfy the judgment. Information

21 concerning the insurance agreement is not by reason

22 of disclosure admissible in evidence at trial. For pur23 poses of this paragraph, an application for insurance

24 shall not be treated as part of an insurance

25 agreement.’’.
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1 (2) CONFORMING AMENDMENTS.—(A) Proposed

2 rule 26(a)(2) is amended by striking ‘‘In addition to

3 the disclosures required by paragraph (1), a’’ and

4 inserting ‘‘A’’.

5 (B) Proposed rule 26(a)(3) is amended by

6 striking ‘‘the preceding paragraphs’’ and inserting

7 ‘‘paragraph (2)’’.

8 (C) Proposed rule 26(a)(4) is amended by strik9 ing ‘‘(1) through’’ and inserting ‘‘(2) and’’.

10 (D) Proposed rule 26(f) is amended by striking

11 ‘‘to make or arrange for the disclosures required by

12 subdivision (a)(1),’’.

13 (E) Proposed rule 26(g)(1) is amended by

14 striking ‘‘subdivision (a)(1) or’’.

15 (3) RULE 30.—

16 (A) IN GENERAL.—Proposed rule 30(b)(2)

17 is amended by striking ‘‘Unless the court orders

18 otherwise, it may be recorded by sound, sound19 and-visual, or stenographic means, and the’’

20 and inserting ‘‘Unless the court upon motion

21 orders, or the parties agree in writing to use,

22 sound or sound-and-visual means, the deposi23 tion shall be recorded by stenographic means.

24 The’’.
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1 (B) CONFORMING AMENDMENT.—Proposed

2 rule 30(b) is amended by striking paragraph

3 (3).

4 (4) FORM 35.—Proposed form 35 is amended—

5 (A) by striking paragraph (2); and

6 (B) by redesignating paragraphs (3) and

7 (4) as paragraphs (2) and (3).