Calendar No. 268

103D CONGRESS

1ST SESSION H. R. 2814

AN ACT

To permit the taking effect of certain proposed

rules of civil procedure, with modifications.

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar
II

Calendar No. 268

103D CONGRESS

1ST SESSION H. R. 2814

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Civil Rules Amend5 ments Act of 1993’’.

6 SEC. 2. MODIFICATION OF PROPOSED AMENDMENTS.

7 The proposed amendments to the Federal Rules of

8 Civil Procedure which are embraced by an order entered

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

10 1993, shall take effect on December 1, 1993, as otherwise

11 provided by law, but with the following amendments:
2

•HR 2814 PCS

1 (1) RULE 26.—

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

3 amended so that paragraph (1) reads as

4 follows:

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

6 obtain discovery of the existence and contents of any

7 insurance agreement under which any person carry8 ing on an insurance business may be liable to satisfy

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

10 the action or to indemnify or reimburse for pay11 ments made to satisfy the judgment. Information

12 concerning the insurance agreement is not by reason

13 of disclosure admissible in evidence at trial. For pur14 poses of this paragraph, an application for insurance

15 shall not be treated as part of an insurance

16 agreement.’’.

17 (2) CONFORMING AMENDMENTS.—(A) Proposed

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

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

20 inserting ‘‘A’’.

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

22 striking ‘‘the preceding paragraphs’’ and inserting

23 ‘‘paragraph (2)’’.

24 (C) Proposed rule 26(a)(4) is amended by strik25 ing ‘‘(1) through’’ and inserting ‘‘(2) and’’.
3

•HR 2814 PCS

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

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

3 subdivision (a)(1),’’.

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

5 striking ‘‘subdivision (a)(1) or’’.

6 (3) RULE 30.—

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

8 amended by striking ‘‘Unless the court orders other9 wise, it may be recorded by sound, sound-and-visual,

10 or stenographic means, and the’’ and inserting ‘‘Un11 less the court upon motion orders, or the parties

12 agree in writing to use, sound or sound-and-visual

13 means, the deposition shall be recorded by steno14 graphic means. The’’.

15 (B) CONFORMING AMENDMENT.—Proposed rule

16 30(b) is amended by striking paragraph (3).

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

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

19 (B) by redesignating paragraphs (3) and (4) as

20 paragraphs (2) and (3).

Passed the House of Representatives November 3,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.