28 U.S.C. § 2073 — Rules of procedure and evidence; method of prescribing
submitted 38 years ago by Pub. L. 100-702 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 378 words · no verdicts yet
This section sets procedures for developing federal court rules and for committees that recommend them. It requires public meetings and records, explanatory materials, and reports, but says procedural noncompliance does not invalidate a rule.
(a) (1) The Judicial Conference must prescribe and publish procedures for considering proposed rules under this section. (2) It may authorize committees to help by recommending rules under sections 2072 and 2075. Each committee must include members of the bench and professional bar and trial and appellate judges.
(b) The Judicial Conference must authorize a standing committee on practice, procedure, and evidence rules. That committee must review recommendations from other appointed committees and recommend to the Judicial Conference rules and any changes needed to keep them consistent and otherwise promote justice.
(c) (1) Each meeting of a committee appointed under this section to conduct business under this chapter must be open to the public. It may be closed for all or part of the remaining meeting that day only if, in open session with a majority present, the committee decides closing is in the public interest and states why. The committee must keep minutes and make them public. Minutes about a closed meeting may omit material as needed to prevent the purpose of closing from being defeated. (2) The committee must give enough advance notice of each business meeting to allow interested people to attend.
(d) When a body makes a recommendation under this section, section 2072, or section 2075, it must provide a proposed rule, an explanation of the rule, and a written report explaining its action, including minority or other separate views.
(e) Failing to comply with this section does not invalidate a rule made under section 2072 or 2075.
The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section.
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.
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.
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.
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.
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.
Failure to comply with this section does not invalidate a rule prescribed under section 2072 or 2075 of this title.
Source credit: (Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649; amended Pub. L. 103–394, title I, § 104(e), Oct. 22, 1994, 108 Stat. 4110.)
- 1988Enacted · Pub. L. 100-702 · 102 Stat. 4649
- 1994Amended · Pub. L. 103-394 · 108 Stat. 4110
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-702 on 1988-11-19.
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