§ 2072. — Rules of procedure and evidence; power to prescribe.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2072]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 131--RULES OF COURTS
Sec. 2072. Rules of procedure and evidence; power to prescribe
(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.
(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.)
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 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.
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revised, amended, and supplemented, were rescinded, effective July 1,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.
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.
