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Rules 4(1) and 28(b) are the products of this collaboration.

Since

then, drafts of a proposed new Rule 43A and a revision of Rule 44
have been submitted to the Civil Rules Advisory Committee. It is ex-
pected that these will shortly be approved for circulation to the

Bench and Bar.

The Commission and its Advisory Cormittee, with the Columbia Project, also joined with the National Conference of Commissioners on Uniform State Laws in the drafting of a Uniform Act which would embody, for the benefit of the States, all the essential provisions of the revisions of the federal rules of procedure and the federal statutes to be recommended to the President.

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Since December 31, 1961, the following meetings have been held: On January 12, a joint meeting of the Commission and Advisory Committee with the Columbia Project was held at the Columbia Law School in New York. The following sections of the Federal Judicial Code were considered: a proposed new section 1696, providing for service of documents on behalf of foreign and international tribunals; and sections 1741, 1742, 1745, 1781, 1782, 1783, 1784, and 1785. A proposed new Civil Rule 43A providing for the determination of foreign law, and a draft of a Uniform Service in a Foreign Country Act, to be submitted to the National Conference of Commissioners on Uniform State Laws,

were also considered.

2. On April 7 and 8, the drafting group met at the Columbia University Law School. The group considered: (1) revisions of draft Civil Rules 4(i) and 28(b); (2) revisions of the proposed new Civil Rule 43A, und of Civil Rule 44; (3) proposed revisions of sections 34913494 of the Federal Criminal Code; (4) proposed revision of sections 270

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through 270(c) of title 22 U.S.C.; (5) Rules 4(c)(2), 15(b) and (d), and 27 of the Federal Rules of Criminal Procedure, and a proposal for a rule governing the determination of foreign law in criminal trials; (6) sections 401, 402, and 1621 of title 18 U.S.C., sections 1195 and 1203 of title 22 U.S.C., and Rule 37 of the Rules of Civil Procedure; (7) proposed drafts of uniform state statutes relating to service in a foreign country, taking depositions in a foreign country, proof of foreign law, and proof of foreign official records; and (8) section 1745 of the Judicial Code.

3. On April 27 and 28, a joint meeting of the Commission and Advisory Committee with the Columbia Project was held in the Department of State Building and in the National Lawyers Club in Washington. The agenda comprised the following: (1) proposed Civil Rules 4(1), 28(b), 43A and 44; (2) draft of a proposed Uniform Interstate and International Procedure Act relating to extraterritorial service of process, the taking of depositions outside the jurisdiction, proof of foreign law, and proof of foreign official records; (3) the Federal Rules of Criminal Procedure involved in international judicial assistance, which had been considered by the drafting group on April 7 and 8; (4) sanctions against recalcitrant and perjurious witnesses abroad, and an amended Section 1621 of the Criminal Code; (5) Sections 3491-3494 of the Criminal Code; (6) Section 1745 of the Judicial Code; and (7) assistance rendered by the United States in proceedings before international tribunals, and a proposed revision of Section 1782 of the Judicial Code.

4. On May 21 and 22, the drafting group and the Columbia Project met with the Special Committee on International and Interstate Procedure of the National Conference of Commissioners on Uniform State Laws at

Columbia Law School in New York City. Among other natters, the meeting considered Articles II, III, IV and V of the proposed Uniform Interstate and International Procedure Act, the articles which fall within the scope of the Commission's activities.

5. On May 28, Professors Reese, Snit and Miller, of the Columbia Project, and Mr. Jones, the Director of the Commission, met with the Advisory Committee on Civil Rules of the Judicial Conference in the Supreme Court Building in Washington. The Civil Rules Advisory Committee approved the proposed drafts of Civil Rules 4(1), 28(b), 43A and 44 which had been approved by the joint meeting of the Commission, the Advisory Committee and the Columbia Project on April 27 and 28. Rules 4(1) and 28(b) were approved for presentation to the Judicial Conference of the United States and the Supreme Court, and Rules 43A and 44 should shortly be approved for circulation by the Standing Committee on Rules of Practice and Procedure to the Bench and Bar for consideration and suggestions.

6. On October 5, the drafting group net at the Columbia University Law School. The group considered and gave its final approval to the proposed revisions and amendments of the federal statutes, with appropriate historical and explanatory notes.

7. On November 9, the Commission and its Advisory Committee

net with the Columbia Project at the Columbia University Law School.
The meeting reviewed the proposed drafts prepared by the drafting group
at the October 5 meeting, and the Commission approved the final text
of the proposed revisions of titles 18, 22, and 28 of the United States

* The rules, after approval by the Judicial Conference, were pronulgated by the Supreme Court on January 21, 1963.

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Code, with historical and explanatory notes. The Commission also

approved a draft of this Annual Report.

II.

The Commission recommends enactment by the Congress of the revisions and amendments of the federal statutes which, with the historical and explanatory notes have been sent, with a special letter of transmittal, to the President. A copy of that letter and a draft of the proposed bill are attached as Annex I.

III.

The drafts of the revisions of the Federal Rules of Civil Procedure

and the Federal Rules of Criminal Procedure, which have been recommended to the Advisory Committees of the Judicial Conference, and the Reporters' notes are attached as Annex II. Draft Civil Rules 4(1) and 28(b) have been approved by the Judicial Conference. Draft Civil Rules 43A and 44 have been approved in principle by the Advisory Committee on Civil Rules and will be submitted to the next meeting of that Committee for approval prior to circulation among the Bench and Bar. Draft Criminal Rule 26A has also been approved in principle by the Advisory Committee on Criminal Rules which has requested its Reporter, Professor Edward L. Barrett, Jr., of the University of California Law School at Berkeley, to coordinate its circulation to the Bench and Bar and its submission to the Judicial Conference of the

United States and the Supreme Court with the circulation and submission of draft Civil Rule 43A.

IV

The draft Uniform Interstate and International Procedure Act, reccrmended to the National Conference of Commissioners on Uniform State Laws by the Commission, the Advisory Committee, and the Columbia Project, was adopted by the Conference at its meeting in Monterey, California, on August 3, 1962. The House of Delegates of the American Bar Association, meet ing in San Francisco the week of August 5, referred the Uniform Act to the Association's Committee on State Legislation for a report to the House at the Midyear Meeting in New Orleans, February 4 and 5, 1963.

The Uniform Act, with a Draftsmen's Note, the Commissioners' Prefatory Note, and a Comment on each section is attached as Annex III.

V.

In prior reports, the Commission has suggested the division of its total task into three main programs (1) the reform and

improvement of domestic practices in international judicial assistance
by revision of the Federal Rules of Civil and Criminal Procedure,
by revision of appropriate sections of the United States Code, and
by the preparation of a uniform state law for adoption by individual
states of the Union; (2) a comprehensive study of the practices of

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