Rules Enabling
Act, 28 U.S.C. §§ 2071 - 2077
( Back to Federal Rulemaking - Legislation
)
§ 2071. Rule-making power generally
§ 2072. Rules of procedure and evidence; power to prescribe
§ 2073. Rules of procedure and evidence; method of prescribing
§ 2074. Rules of procedure and evidence; submission to Congress; effective date
§ 2075. Bankruptcy rules
§ 2076. Repealed
§ 2077. Publication of rules; advisory committees
§ 2071. Rule-making power generally
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(a) The Supreme Court and all courts established by Act of Congress may from
time to time prescribe rules for the conduct of their business. Such rules shall
be consistent with Acts of Congress and rules of practice and procedure prescribed
under section 2072 of this title.
(b) Any rule prescribed by a court, other than the Supreme Court, under subsection
(a) shall be prescribed only after giving appropriate public notice and an opportunity
for comment. Such rule shall take effect upon the date specified by the prescribing
court and shall have such effect on pending proceedings as the prescribing court
may order.
(c)(1) A rule of a district court prescribed under subsection (a) shall remain
in effect unless modified or abrogated by the judicial council of the relevant
circuit.
(2) Any other rule prescribed by a court other than the Supreme Court under
subsection (a) shall remain in effect unless modified or abrogated by the Judicial
Conference.
(d) Copies of rules prescribed under subsection (a) by a district court shall
be furnished to the judicial council, and copies of all rules prescribed by
a court other than the Supreme Court under subsection (a) shall be furnished
to the Director of the Administrative Office of the United States Courts and
made available to the public. (e) If the prescribing court determines that there
is an immediate need for a rule, such court may proceed under this section without
public notice and opportunity for comment, but such court shall promptly thereafter
afford such notice and opportunity for comment. (f) No rule may be prescribed
by a district court other than under this section.
§ 2072. Rules of procedure and evidence; power to prescribe
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(a) The Supreme Court shall have the power to prescribe general rules of practice
and procedure and rules of evidence for cases in the United States district
courts (including proceedings before magistrates thereof) and courts of appeals.
(b) Such rules shall not abridge, enlarge or modify any substantive right. All
laws in conflict with such rules shall be of no further force or effect after
such rules have taken effect.
(c) Such rules may define when a ruling of a district court is final for the
purposes of appeal under section 1291 of this title.
§ 2073. Rules of procedure and evidence; method of prescribing
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(a)(1) The Judicial Conference shall prescribe and publish the procedures for
the consideration of proposed rules under this section.
(2) The Judicial Conference may authorize the appointment of committees to assist
the Conference by recommending rules to be prescribed under sections 2072 and
2075 of this title. Each such committee shall consist of members of the bench
and the professional bar, and trial and appellate judges.
(b) The Judicial Conference shall authorize the appointment of a standing committee
on rules of practice, procedure, and evidence under subsection
(a) of this section. Such standing committee shall review each recommendation
of any other committees so appointed and recommend to the Judicial Conference
rules of practice, procedure, and evidence and such changes in rules proposed
by a committee appointed under subsection (a)(2) of this section as may be necessary
to maintain consistency and otherwise promote the interest of justice.
(c)(1) Each meeting for the transaction of business under this chapter by any
committee appointed under this section shall be open to the public, except when
the committee so meeting, in open session and with a majority present, determines
that it is in the public interest that all or part of the remainder of the meeting
on that day shall be closed to the public, and states the reason for so closing
the meeting. Minutes of each meeting for the transaction of business under this
chapter shall be maintained by the committee and made available to the public,
except that any portion of such minutes, relating to a closed meeting and made
available to the public, may contain such deletions as may be necessary to avoid
frustrating the purposes of closing the meeting.
(2) Any meeting for the transaction of business under this chapter, by a committee
appointed under this section, shall be preceded by sufficient notice to enable
all interested persons to attend.
(d) In making a recommendation under this section or under section 2072 or 2075,
the body making that recommendation shall provide a proposed rule, an explanatory
note on the rule, and a written report explaining the body's action, including
any minority or other separate views.
(e) Failure to comply with this section does not invalidate a rule prescribed
under section 2072 or 2075 of this title.
§ 2074. Rules of procedure and evidence; submission to
Congress; effective date
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(a) The Supreme Court shall transmit to the Congress not later than May 1 of
the year in which a rule prescribed under section 2072 is to become effective
a copy of the proposed rule. Such rule shall take effect no earlier than December
1 of the year in which such rule is so transmitted unless otherwise provided
by law. The Supreme Court may fix the extent such rule shall apply to proceedings
then pending, except that the Supreme Court shall not require the application
of such rule to further proceedings then pending to the extent that, in the
opinion of the court in which such proceedings are pending, the application
of such rule in such proceedings would not be feasible or would work injustice,
in which event the former rule applies.
(b) Any such rule creating, abolishing, or modifying an evidentiary privilege
shall have no force or effect unless approved by Act of Congress.
§ 2075. Bankruptcy rules
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The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11.
Such rules shall not abridge, enlarge, or modify any substantive right.
The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under this section is to become effective a copy of the proposed rule. The rule shall take effect no earlier than December 1 of the year in which it is transmitted to Congress unless otherwise provided by law.
The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 and may provide general rules on the content of such statement.
[§ 2076. Repealed. Pub.L. 100-702, Title IV, § 401(c),
Nov. 19, 1988, 102 Stat. 4650]
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Section repealed effective Dec. 1, 1988.
§ 2077. Publication of rules; advisory committees
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(a) The rules for the conduct of the business of each court of appeals, including
the operating procedures of such court, shall be published. Each court of appeals
shall print or cause to be printed necessary copies of the rules. The Judicial
Conference shall prescribe the fees for sales of copies under section 1913 of
this title, but the Judicial Conference may provide for free distribution of
copies to members of the bar of each court and to other interested persons.
(b) Each court, except the Supreme Court, that is authorized to prescribe rules
of the conduct of such court's business under section 2071 of this title shall
appoint an advisory committee for the study of the rules of practice and internal
operating procedures of such court and, in the case of an advisory committee
appointed by a court of appeals, of the rules of the judicial council of the
circuit. The advisory committee shall make recommendations to the court concerning
such rules and procedures. Members of the committee shall serve without compensation,
but the Director may pay travel and transportation expenses in accordance with
section 5703 of title 5.