28 U.S.C. § 2071 — Rule-making power generally
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 274 words · no verdicts yet
This section lets the Supreme Court and other federal courts make rules for conducting their business. It requires most such rules to follow notice and comment procedures and sets rules for their continued effect and public availability.
(a) The Supreme Court and every court established by an Act of Congress may periodically make rules for conducting its business. Those rules must be consistent with Acts of Congress and with the practice and procedure rules made under section 2072.
(b) A court other than the Supreme Court may make a rule under subsection (a) only after suitable public notice and an opportunity for comment. The rule takes effect on the date the court specifies and applies to pending proceedings as the court orders.
(c) (1) A district*-court rule remains in effect unless the relevant circuit’s judicial council changes or cancels it. (2) Any other rule made by a court other than the Supreme Court remains in effect unless the Judicial Conference changes or cancels it.
(d) A district court* must give copies of its subsection (a) rules to the judicial council. Every court other than the Supreme Court must give copies of its subsection (a) rules to the Director of the Administrative Office of the United States Courts, and those copies must be available to the public.
(e) If the court decides that a rule is immediately needed, it may act without advance public notice and comment. It must promptly provide notice and an opportunity for comment afterward.
(f) A district court may make a rule only under this section.
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.
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.
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.
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.
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.
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.
No rule may be prescribed by a district court other than under this section.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 961; May 24, 1949, ch. 139, § 102, 63 Stat. 104; Pub. L. 100–702, title IV, § 403(a)(1), Nov. 19, 1988, 102 Stat. 4650.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 961
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 104
- 1988Amended · Pub. L. 100-702 · 102 Stat. 4650
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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