Legal Definitions - gap report

A gap report is a document that explains any changes made by an advisory committee in the language of a proposed amendment to a procedural rule after its publication for comment. The report is created during the making of federal court rules.

Before the early 1980s, there were complaints that the public record did not show why changes were made after the public-comment period. To fill in the "gaps" in the record, the five advisory committees (for appellate, bankruptcy, civil, criminal, and evidence rules) began filing gap reports.

For example, if a proposed amendment to a procedural rule was published for comment and received feedback from the public, the advisory committee may make changes to the language of the amendment based on that feedback. The gap report would explain what changes were made and why.

Overall, gap reports help ensure transparency and accountability in the process of creating federal court rules.