§ 2073. — Rules of procedure and evidence; method of prescribing.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2073]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 131--RULES OF COURTS
Sec. 2073. Rules of procedure and evidence; method of
prescribing
(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.
(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.)
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.
