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FMC Revises Rules of Practice and Procedure

Thursday, December 22, 2016
Sandler, Travis & Rosenberg Trade Report

The Federal Maritime Commission has issued a final rule that, effective Jan. 27, will reorganize several subparts of its rules of practice and procedure and revise its rules regarding presentation of evidence in FMC proceedings.

Presentation of Evidence. Subpart J currently presents the FMC’s rules on hearings and presentation of evidence. The rules governing presentation of evidence are being revised and presented in revised subpart L. The revisions are intended to reflect the procedures currently used by the FMC to utilize current language and standards set by the Federal Rules of Civil Procedure where appropriate and to clarify and simplify rules where possible. Several rules currently in the subpart will be removed in their entirety to eliminate duplication and reflect current practice.

Reorganization of Part 502. Part 502 sets out the rules governing procedure in all types of FMC proceedings. However, after years of revisions some users find the grouping and ordering of the subparts confusing. The FMC is therefore reordering and renaming certain subparts to better reflect the chronology of a typical adjudication and distinguish other types of proceedings.

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