§ 2074. — Rules of procedure and evidence; submission to Congress; effective date.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2074]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 131--RULES OF COURTS
Sec. 2074. Rules of procedure and evidence; submission to
Congress; effective date
(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.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat.
4649.)
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.''
