-CITE-

28 USC CHAPTER 131 - RULES OF COURTS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

CHAPTER 131 - RULES OF COURTS

-MISC1-

Sec.

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 Repealed.]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.

AMENDMENTS

1988 - Pub. L. 100-702, title IV, Sec. 401(d), Nov. 19, 1988, 102

Stat. 4650, added items 2072 to 2075 and struck out former items

2072 "Rules of civil procedure", 2075 "Bankruptcy rules", and 2076

"Rules of evidence".

1982 - Pub. L. 97-164, title II, Sec. 208(b), Apr. 2, 1982, 96

Stat. 55, added item 2077.

1975 - Pub. L. 93-595, Sec. 2(a)(2), Jan. 2, 1975, 88 Stat. 1949,

added item 2076.

1966 - Pub. L. 89-773, Sec. 3, Nov. 6, 1966, 80 Stat. 1323,

struck out "for district courts" in item 2072 and struck out items

2073 and 2074.

1964 - Pub. L. 88-623, Sec. 2, Oct. 3, 1964, 78 Stat. 1001, added

item 2075.

1954 - Act July 27, 1954, ch. 583, Sec. 2, 68 Stat. 567, added

item 2074.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 652, 653, 654 of this

title.

-End-

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28 USC Sec. 2071 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

Sec. 2071. Rule-making power generally

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 961; May 24, 1949, ch. 139, Sec.

102, 63 Stat. 104; Pub. L. 100-702, title IV, Sec. 403(a)(1), Nov.

19, 1988, 102 Stat. 4650.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 219, 263, 296, 307,

723, 731, and 761, and section 1111 of title 26, U.S.C., 1940 ed.,

Internal Revenue Code (R.S. Secs. 913, 918; Mar. 3, 1887, ch. 359,

Sec. 4, 24 Stat. 506; Mar. 3, 1911, ch. 231, Secs. 122, 157, 194,

291, 297, 36 Stat. 1132, 1139, 1145, 1167, 1168; Mar. 3, 1911, ch.

231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat.

1101; Feb. 13, 1925, ch. 229, Sec. 13, 43 Stat. 941; Mar. 2, 1929,

ch. 488, Sec. 1, 45 Stat. 1475; Feb. 10, 1939, ch. 2, Sec. 1111, 53

Stat. 160; Oct. 21, 1942, ch. 619, title V, Sec. 504(a), (c), 56

Stat. 957).

Sections 219, 263, 296, 307, 723, and 731 of title 28, U.S.C.,

1940 ed., gave specified courts, other than the Supreme Court,

power to make rules. Section 761 of such title related to rules

established in the district courts and Court of Claims. Section

1111 of title 26, U.S.C., 1940 ed., related to Tax Court. This

section consolidates all such provisions. For other provisions of

such sections, see Distribution Table.

Recognition by Congress of the broad rule-making power of the

courts will make it possible for the courts to prescribe complete

and uniform modes of procedure, and alleviate, at least in part,

the necessity of searching in two places, namely in the Acts of

Congress and in the rules of the courts, for procedural requisites.

Former Attorney General Cummings recently said: "Legislative

bodies have neither the time to inquire objectively into the

details of judicial procedure nor the opportunity to determine the

necessity for amendment or change. Frequently such legislation has

been enacted for the purpose of meeting particular problems or

supposed difficulties, but the results have usually been confusing

or otherwise unsatisfactory. Comprehensive action has been lacking

for the obvious reason that the professional nature of the task

would leave the legislature little time for matters of substance

and statesmanship. It often happened that an admitted need for

change, even in limited areas, could not be secured." - The New

Criminal Rules - Another Triumph of the Democratic Process.

American Bar Association Journal, May 1945.

Provisions of sections 263 and 296 of title 28, U.S.C., 1940 ed.,

authorizing the Court of Claims and Customs Court to punish for

contempt, were omitted as covered by H. R. 1600, Sec. 401, 80th

Congress, for revision of the Criminal Code.

Provisions of section 1111 of title 26, U.S.C., 1940 ed., making

applicable to Tax Court Proceedings "the rules of evidence

applicable in the courts of the District of Columbia in the type of

proceeding which, prior to Sept. 16, 1938, were within the

jurisdiction of the courts of equity of said District," were

omitted as unnecessary and inconsistent with other provisions of

law relating to the Federal courts. The rules of evidence in Tax

Court proceedings are the same as those which apply to civil

procedure in other courts. See Dempster Mill. Mfg. Co. v. Burnet,

1931, 46 F.2d 604, 60 App.D.C. 23.

For rule-making power of the Supreme Court in copyright

infringement actions, see section 25(e) of title 17, U.S.C., 1940

ed., Copyrights. See, also, section 205(a) of title 11, U.S.C.,

1940 ed., Bankruptcy, authorizing the Supreme Court to promulgate

rules relating to service of process in railroad reorganization

proceedings.

SENATE REVISION AMENDMENT

By Senate amendment, all provisions relating to the Tax Court

were eliminated. Therefore, section 1111 of Title 26, U.S.C.,

Internal Revenue Code, was not one of the sources of this section

as finally enacted. However, no change in the text of this section

was necessary. See 80th Congress Senate Report No. 1559.

1949 ACT

This amendment clarifies section 2071 of title 28, U.S.C., by

giving express recognition to the power of the Supreme Court to

prescribe its own rules and by giving a better description of its

procedural rules.

AMENDMENTS

1988 - Pub. L. 100-702 designated existing provisions as subsec.

(a), substituted "under section 2072 of this title" for "by the

Supreme Court", and added subsecs. (b) to (f).

1949 - Act May 24, 1949, expressed recognition to the Supreme

Court's power to prescribe its own rules and give a better

description of its procedural rules.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 407 of title IV of Pub. L. 100-702 provided that: "This

title [enacting sections 2072 to 2074 of this title, amending this

section, sections 331, 332, 372, 604, 636, and 2077 of this title,

section 460n-8 of Title 16, Conservation, and section 3402 of Title

18, Crimes and Criminal Procedure, repealing former section 2072

and section 2076 of this title and sections 3771 and 3772 of Title

18, and enacting provisions set out as notes under this section]

shall take effect on December 1, 1988."

EFFECTIVE DATE OF 1983 AMENDMENT

Pub. L. 97-462, Sec. 4, Jan. 12, 1983, 96 Stat. 2530, provided

that: "The amendments made by this Act [enacting provisions set out

as notes below, amending Rule 4 of the Federal Rules of Civil

Procedure, set out in the Appendix to this title, adding Form 18-A

in the Appendix of Forms, and amending section 951 of Title 18,

Crimes and Criminal Procedure] shall take effect 45 days after the

enactment of this Act [Jan. 12, 1983]."

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 97-462, Sec. 1, Jan. 12, 1983, 96 Stat. 2527, provided:

"That this Act [enacting provisions set out as notes below,

amending Rule 4 of the Federal Rules of Civil Procedure, set out in

the Appendix to this title, adding Form 18-A in the Appendix of

Forms, and amending section 951 of Title 18, Crimes and Criminal

Procedure] may be cited as the 'Federal Rules of Civil Procedure

Amendments Act of 1982'."

SAVINGS PROVISION

Section 406 of title IV of Pub. L. 100-702 provided that: "The

rules prescribed in accordance with law before the effective date

of this title [Dec. 1, 1988] and in effect on the date of such

effective date shall remain in force until changed pursuant to the

law as amended by this title [see Effective Date of 1988 Amendment

note above]."

TAX COURT RULEMAKING NOT AFFECTED

Section 405 of title IV of Pub. L. 100-702 provided that: "The

amendments made by this title [see Effective Date of 1988 Amendment

note above] shall not affect the authority of the Tax Court to

prescribe rules under section 7453 of the Internal Revenue Code of

1986 [26 U.S.C. 7453]."

ADMIRALTY RULES

The Rules of Practice in Admiralty and Maritime Cases,

promulgated by the Supreme Court on Dec. 20, 1920, effective Mar.

7, 1921, as revised, amended, and supplemented, were rescinded,

effective July 1, 1966, in accordance with the general unification

of civil and admiralty procedure which became effective July 1,

1966. Provision for certain distinctly maritime remedies were

preserved however in the Supplemental Rules for Certain Admiralty

and Maritime Claims, rules A to F, Federal Rules of Civil

Procedure, Appendix to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 331, 332, 604, 651, 652,

653, 654, 657, 2077 of this title; title 42 section 300aa-12.

-End-

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28 USC Sec. 2072 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

Sec. 2072. Rules of procedure and evidence; power to prescribe

-STATUTE-

(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

magistrate judges 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.

-SOURCE-

(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102

Stat. 4648; amended Pub. L. 101-650, title III, Secs. 315, 321,

Dec. 1, 1990, 104 Stat. 5115, 5117.)

-MISC1-

PRIOR PROVISIONS

A prior section 2072, acts June 25, 1948, ch. 646, 62 Stat. 961;

May 24, 1949, ch. 139, Sec. 103, 63 Stat. 104; July 18, 1949, ch.

343, Sec. 2, 63 Stat. 446; May 10, 1950, ch. 174, Sec. 2, 64 Stat.

158; July 7, 1958, Pub. L. 85-508, Sec. 12(m), 72 Stat. 348; Nov.

6, 1966, Pub. L. 89-773, Sec. 1, 80 Stat. 1323, authorized the

Supreme Court to prescribe rules of civil procedure, prior to

repeal by Pub. L. 100-702, Secs. 401(a), 407, effective Dec. 1,

1988.

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-650 added subsec. (c).

-CHANGE-

CHANGE OF NAME

Words "magistrate judges" substituted for "magistrates" in

subsec. (a) pursuant to section 321 of Pub. L. 101-650, set out as

a note under section 631 of this title.

-MISC2-

EFFECTIVE DATE

Section effective Dec. 1, 1988, see section 407 of Pub. L.

100-702, set out as an Effective Date of 1988 Amendment note under

section 2071 of this title.

APPLICABILITY TO VIRGIN ISLANDS

Rules of civil procedure promulgated under this section as

applicable to the District Court of the Virgin Islands, see section

1615 of Title 48, Territories and Insular Possessions.

ADMIRALTY RULES

The Rules of Practice in Admiralty and Maritime Cases,

promulgated by the Supreme Court on Dec. 20, 1920, effective Mar.

7, 1921, as revised, amended, and supplemented, were rescinded,

effective July 1, 1966, in accordance with the general unification

of civil and admiralty procedure which became effective July 1,

1966. Provision for certain distinctly maritime remedies were

preserved however, in the Supplemental Rules for Certain Admiralty

and Maritime Claims, Rules A to F, Federal Rules of Civil

Procedure, Appendix to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 332, 636, 1292, 2071,

2073, 2074, 2112 of this title; title 26 section 7482; title 29

section 160; title 38 section 7292.

-End-

-CITE-

28 USC Sec. 2073 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

Sec. 2073. Rules of procedure and evidence; method of prescribing

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102

Stat. 4649; amended Pub. L. 103-394, title I, Sec. 104(e), Oct. 22,

1994, 108 Stat. 4110.)

-MISC1-

PRIOR PROVISIONS

A prior section 2073, acts June 25, 1948, ch. 646, 62 Stat. 961;

May 24, 1949, ch. 139, Sec. 104, 63 Stat. 104; May 10, 1950, ch.

174, Sec. 3, 64 Stat. 158, empowered the Supreme Court to

prescribe, by general rules, the practice and procedure in

admiralty and maritime cases in the district courts, prior to

repeal by Pub. L. 89-773, Sec. 2, Nov. 6, 1966, 80 Stat. 1323.

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-394, Sec. 104(e)(1),

substituted "sections 2072 and 2075" for "section 2072".

Subsecs. (d), (e). Pub. L. 103-394, Sec. 104(e)(2), inserted "or

2075" after "2072".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE

Section effective Dec. 1, 1988, see section 407 of Pub. L.

100-702, set out as an Effective Date of 1988 Amendment note under

section 2071 of this title.

-End-

-CITE-

28 USC Sec. 2074 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

Sec. 2074. Rules of procedure and evidence; submission to Congress;

effective date

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102

Stat. 4649.)

-MISC1-

PRIOR PROVISIONS

A prior section 2074, act July 27, 1954, ch. 583, Sec. 1, 68

Stat. 567, empowered the Supreme Court to prescribe rules for

review of decisions of the Tax Court of the United States, prior to

repeal by Pub. L. 89-773, Sec. 2, Nov. 6, 1966, 80 Stat. 1323.

EFFECTIVE DATE

Section effective Dec. 1, 1988, see section 407 of Pub. L.

100-702, set out as an Effective Date of 1988 Amendment note under

section 2071 of this title.

MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF CRIMINAL PROCEDURE

PROPOSED APRIL 29, 2002; EFFECTIVE DATE

Pub. L. 107-273, div. C, title I, Sec. 11019(a), Nov. 2, 2002,

116 Stat. 1825, provided that: "The proposed amendments to the

Federal Rules of Criminal Procedure that are embraced by an order

entered by the Supreme Court of the United States on April 29,

2002, shall take effect on December 1, 2002, as otherwise provided

by law, but with the amendments made in subsection (b) [amending

Rule 16 of the Federal Rules of Criminal Procedure]."

MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF EVIDENCE PROPOSED

APRIL 29, 1994; EFFECTIVE DATE

Pub. L. 103-322, title IV, Sec. 40141, Sept. 13, 1994, 108 Stat.

1918, provided that:

"(a) Modification of Proposed Amendment. - The proposed

amendments to the Federal Rules of Evidence that are embraced by an

order entered by the Supreme Court of the United States on April

29, 1994, shall take effect on December 1, 1994, as otherwise

provided by law, but with the amendment made by subsection (b).

"(b) Rule. - [Amended Rule 412 of the Federal Rules of Evidence.]

"(c) Technical Amendment. - [Amended table of contents for the

Federal Rules of Evidence.]"

MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF CRIMINAL PROCEDURE

PROPOSED APRIL 29, 1994; EFFECTIVE DATE

Pub. L. 103-322, title XXIII, Sec. 230101, Sept. 13, 1994, 108

Stat. 2077, provided that:

"(a) Modification of Proposed Amendments. - The proposed

amendments to the Federal Rules of Criminal Procedure which are

embraced by an order entered by the Supreme Court of the United

States on April 29, 1994, shall take effect on December 1, 1994, as

otherwise provided by law, but with the following amendments:

"(b) In General. - [Amended Rule 32 of the Federal Rules of

Criminal Procedure.]

"(c) Effective Date. - The amendments made by subsection (b)

shall become effective on December 1, 1994."

AMENDMENTS TO CIVIL RULES PROPOSED APRIL 30, 1991

Pub. L. 102-198, Sec. 11, Dec. 9, 1991, 105 Stat. 1626, provided

that:

"(a) Technical Amendment. - Rule 15(c)(3) of the Federal Rules of

Civil Procedure for the United States Courts, as transmitted to the

Congress by the Supreme Court pursuant to section 2074 of title 28,

United States Code, to become effective on December 1, 1991, is

amended by striking 'Rule 4(m)' and inserting 'Rule 4(j)'.

"(b) Amendment to Forms. - Form 1-A, Notice of Lawsuit and

Request for Waiver of Service of Summons, and Form 1-B, Waiver of

Service of Summons, included in the transmittal by the Supreme

Court described in subsection (a), shall not be effective and Form

18-A, Notice and Acknowledgment for Service by Mail, abrogated by

the Supreme Court in such transmittal, effective December 1, 1991,

shall continue in effect on or after that date."

AMENDMENTS TO CIVIL RULES PROPOSED APRIL 28, 1982

Pub. L. 97-462, Sec. 5, Jan. 12, 1983, 96 Stat. 2530, provided

that: "The amendments to the Federal Rules of Civil Procedure [Rule

4], the effective date of which was delayed by the Act entitled 'An

Act to delay the effective date of proposed amendments to rule 4 of

the Federal Rules of Civil Procedure', approved August 2, 1982 (96

Stat. 246) [Pub. L. 97-227, see below], shall not take effect."

Pub. L. 97-227, Aug. 2, 1982, 96 Stat. 246, provided: "That

notwithstanding the provisions of section 2072 of title 28, United

States Code, the amendments to rule 4 of the Federal Rules of Civil

Procedure as proposed by the Supreme Court of the United States and

transmitted to the Congress by the Chief Justice on April 28, 1982,

shall take effect on October 1, 1983, unless previously approved,

disapproved, or modified by Act of Congress.

"Sec. 2. This Act shall be effective as of August 1, 1982, but

shall not apply to the service of process that takes place between

August 1, 1982, and the date of enactment of this Act [Aug. 2,

1982]."

AMENDMENTS TO CRIMINAL RULES AND RULES OF EVIDENCE PROPOSED APRIL

30, 1979; POSTPONEMENT OF EFFECTIVE DATE

Pub. L. 96-42, July 31, 1979, 93 Stat. 326, provided: "That

notwithstanding any provision of section 3771 or 3772 of title 18

of the United States Code or of section 2072, 2075, or 2076 of

title 28 of the United States Code to the contrary -

"(1) the amendments proposed by the United States Supreme Court

and transmitted by the Chief Justice on April 30, 1979, to the

Federal Rules of Criminal Procedure affecting rules 11(e)(6),

17(h), 32(f), and 44(c), and adding new rules 26.2 and 32.1, and

the amendment so proposed and transmitted to the Federal Rules of

Evidence affecting rule 410, shall not take effect until December

1, 1980, or until and then only to the extent approved by Act of

Congress, whichever is earlier; and

"(2) the amendment proposed by the United States Supreme Court

and transmitted by the Chief Justice on April 30, 1979, affecting

rule 40 of the Federal Rules of Criminal Procedure shall take

effect on August 1, 1979, with the following amendments:

"(A) In the matter designated as paragraph (1) of subdivision

(d), strike out 'in accordance with Rule 32.1(a)'.

"(B) In the matter designated as paragraph (2) of subdivision

(d), strike out 'in accordance with Rule 32.1(a)(1)'."

APPROVAL AND EFFECTIVE DATE OF RULES GOVERNING SECTION 2254 CASES

AND SECTION 2255 PROCEEDINGS FOR UNITED STATES DISTRICT COURTS

Pub. L. 94-426, Sec. 1, Sept. 28, 1976, 90 Stat. 1334, provided:

"That the rules governing section 2254 cases in the United States

district courts and the rules governing section 2255 proceedings

for the United States district courts, as proposed by the United

States Supreme Court, which were delayed by the Act entitled 'An

Act to delay the effective date of certain proposed amendments to

the Federal Rules of Criminal Procedure and certain other rules

promulgated by the United States Supreme Court' (Public Law

94-349), are approved with the amendments set forth in section 2 of

this Act and shall take effect as so amended, with respect to

petitions under section 2254 and motions under section 2255 of

title 28 of the United States Code filed on or after February 1,

1977."

POSTPONEMENT OF EFFECTIVE DATE OF PROPOSED RULES AND FORMS

GOVERNING PROCEEDINGS UNDER SECTIONS 2254 AND 2255 OF THIS TITLE

Pub. L. 94-349, Sec. 2, July 8, 1976, 90 Stat. 822, provided:

"That, notwithstanding the provisions of section 2072 of title 28

of the United States Code, the rules and forms governing section

2254 [section 2254 of this title] cases in the United States

district courts and the rules and forms governing section 2255

[section 2255 of this title] proceedings in the United States

district courts which are embraced by the order entered by the

United States Supreme Court on April 26, 1976, and which were

transmitted to the Congress on or about April 26, 1976, shall not

take effect until thirty days after the adjournment sine die of the

94th Congress, or until and to the extent approved by Act of

Congress, whichever is earlier."

APPROVAL AND EFFECTIVE DATE OF AMENDMENTS PROPOSED NOVEMBER 20,

1972 AND DECEMBER 18, 1972

Pub. L. 93-595, Sec. 3, Jan. 2, 1975, 88 Stat. 1949, provided

that: "The Congress expressly approves the amendments to the

Federal Rules of Civil Procedure [Rules 30(c), 32(c), 43, and 44.1]

and the amendments to the Federal Rules of Criminal Procedure

[Rules 26, 26.1, and 28], which are embraced by the orders entered

by the Supreme Court of the United States on November 20, 1972, and

December 18, 1972, and such amendments shall take effect on the one

hundred and eightieth day beginning after the date of the enactment

of this Act [Jan. 2, 1975]."

CONGRESSIONAL APPROVAL REQUIREMENT FOR PROPOSED RULES OF EVIDENCE

FOR UNITED STATES COURTS AND AMENDMENTS TO FEDERAL RULES OF CIVIL

PROCEDURE AND CRIMINAL PROCEDURE; SUSPENSION OF EFFECTIVENESS OF

SUCH RULES

Pub. L. 93-12, Mar. 30, 1973, 87 Stat. 9, provided: "That

notwithstanding any other provisions of law, the Rules of Evidence

for United States Courts and Magistrates, the Amendments to the

Federal Rules of Civil Procedure, and the Amendments to the Federal

Rules of Criminal Procedure, which are embraced by the orders

entered by the Supreme Court of the United States on Monday,

November 20, 1972, and Monday, December 18, 1972, shall have no

force or effect except to the extent, and with such amendments, as

they may be expressly approved by the Act of Congress."

-End-

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28 USC Sec. 2075 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

Sec. 2075. Bankruptcy rules

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 88-623, Sec. 1, Oct. 3, 1964, 78 Stat. 1001; amended

Pub. L. 95-598, title II, Sec. 247, Nov. 6, 1978, 92 Stat. 2672;

Pub. L. 103-394, title I, Sec. 104(f), Oct. 22, 1994, 108 Stat.

4110.)

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AMENDMENTS

1994 - Pub. L. 103-394 amended third par. generally. Prior to

amendment, third par. read as follows: "Such rules shall not take

effect until they have been reported to Congress by the Chief

Justice at or after the beginning of a regular session thereof but

not later than the first day of May and until the expiration of

ninety days after they have been thus reported."

1978 - Pub. L. 95-598 substituted "in cases under title 11" for

"under the Bankruptcy Act" and struck out provisions directing that

all laws in conflict with bankruptcy rules be of no further force

or effect after such rules have taken effect.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section

402(d) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

RULES PROMULGATED BY SUPREME COURT

Pub. L. 98-353, title III, Sec. 320, July 10, 1984, 98 Stat. 357,

provided that: "The Supreme Court shall prescribe general rules

implementing the practice and procedure to be followed under

section 707(b) of title 11, United States Code. Section 2075 of

title 28, United States Code, shall apply with respect to the

general rules prescribed under this section."

APPLICABILITY OF RULES TO CASES UNDER TITLE 11

Pub. L. 95-598, title IV, Sec. 405(d), Nov. 6, 1978, 92 Stat.

2685, provided that: "The rules prescribed under section 2075 of

title 28 of the United States Code and in effect on September 30,

1979, shall apply to cases under title 11, to the extent not

inconsistent with the amendments made by this Act, or with this Act

[see Tables for complete classification of Pub. L. 95-598], until

such rules are repealed or superseded by rules prescribed and

effective under such section, as amended by section 248 of this

Act."

ADDITIONAL RULEMAKING POWER

Pub. L. 95-598, title IV, Sec. 410, Nov. 6, 1978, 92 Stat. 2687,

provided that: "The Supreme Court may issue such additional rules

of procedure, consistent with Acts of Congress, as may be necessary

for the orderly transfer of functions and records and the orderly

transition to the new bankruptcy court system created by this Act

[see Tables for complete classification of Pub. L. 95-598]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2073 of this title.

-End-

-CITE-

28 USC Sec. 2076 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

[Sec. 2076. Repealed. Pub. L. 100-702, title IV, Sec. 401(c), Nov.

19, 1988, 102 Stat. 4650]

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Section, added Pub. L. 93-595, Sec. 2(a)(1), Jan. 2, 1975, 88

Stat. 1948; amended Pub. L. 94-149, Sec. 2, Dec. 12, 1975, 89 Stat.

806, authorized the Supreme Court to prescribe amendments to

Federal Rules of Evidence. See sections 2072 to 2074 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1988, see section 407 of Pub. L.

100-702, set out as an Effective Date of 1988 Amendment note under

section 2071 of this title.

-End-

-CITE-

28 USC Sec. 2077 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 131 - RULES OF COURTS

-HEAD-

Sec. 2077. Publication of rules; advisory committees

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 97-164, title II, Sec. 208(a), Apr. 2, 1982, 96

Stat. 54; amended Pub. L. 100-702, title IV, Sec. 401(b), Nov. 19,

1988, 102 Stat. 4650; Pub. L. 101-650, title IV, Sec. 406, Dec. 1,

1990, 104 Stat. 5124.)

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AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-650 inserted before period at end

of first sentence "and, in the case of an advisory committee

appointed by a court of appeals, of the rules of the judicial

council of the circuit".

1988 - Subsec. (b). Pub. L. 100-702 substituted "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" for "Each court of appeals shall appoint" and

"such court" for "the court of appeals".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,

1990, see section 407 of Pub. L. 101-650, set out as a note under

section 332 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section

407 of Pub. L. 100-702, set out as a note under section 2071 of

this title.

EFFECTIVE DATE

Section effective Oct. 1, 1982, see section 402 of Pub. L.

97-164, set out as an Effective Date of 1982 Amendment note under

section 171 of this title.

-End-