[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2071]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 131--RULES OF COURTS
Sec. 2071. Rule-making power generally
(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.
(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.)
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 add
