Although the rule still requires approval by the Judicial Conference and the U.S. Supreme Court, Tuesday’s vote all but ensures its adoption. And while it’s not set to take effect until December 2025, its influence might be felt before it’s officially on the books.
“There’s no reason to wait for official adoption for MDL judges to look at this and be guided by it and make decisions as a result of this rule,” Goldberg said.
As the Standing Committee on Tuesday steered the Rule 16.1 saga toward its final destination, it also hit the accelerator on a brand-new policymaking adventure. At issue are proposed amendments to Federal Rule of Appellate Procedure 29, which deals with the content and form of amicus briefs from individuals or organizations that want to share perspective on a case.
Many of the proposed amendments would require new or different disclosure of financial links, such as whether counsel or a litigant contributed 25% or more of an amicus filer’s revenue, or whether someone earmarked dollars specifically to bankroll a brief. A committee note accompanying the proposal did not mince words about the impetus.
