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28 U.S.C. § 2074 — Rules of procedure and evidence; submission to Congress; effective date
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_55db0dc82b6890e75a2c9c56
Source file: Laws/federal/codes/united-states-code/title-28/section-2074-rules-of-procedure-and-evidence-submission-to-congress-effective-date--7e467a7767.md
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Passage SHA-256: 4b487dc4476dd710feef151c324189660b42c8ea3e76a74048200d385596601e
Source location: Title 28, Chapter 131, § 2074; chapter-131-rules-of-courts.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim).
**(b)** 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.
**(c)**
(1) 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.
(2) 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.
**(d)** 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.
**(e)** 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.
**(f)** No rule may be prescribed by a district court other than under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2071
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.
**(b)** Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.
**(c)** A court may entertain and determine such motion without requiring the production of the prisoner at the hearing.
**(d)** An appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus.
**(e)** An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2255
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally.—** A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
**(b) Requirements; Generally.—**
(1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
(2)
(A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
(B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.
(C) If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal.
(3) Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the de
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1446
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1291&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2072
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
**(b)**
(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that—
(A) the applicant has exhausted the remedies available in the courts of the State; or
(B)
(i) there is an absence of available State corrective process; or
(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.
(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.
(3) A State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement.
**(c)** An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the meaning of this section, if he has the right under the law of the State to raise, by any available procedure, the question presented.
**(d)** An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly establ
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2254
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction**
(1) **In general** — The United States Courts of Appeals (other than the United States Court of Appeals for the Federal Circuit) shall have exclusive jurisdiction to review the decisions of the Tax Court, except as provided in [section 1254 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim) of the United States Code, in the same manner and to the same extent as decisions of the district courts in civil actions tried without a jury; and the judgment of any such court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari, in the manner provided in [section 1254 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim) of the United States Code.
(2) **Interlocutory orders**
(A) *In general* — When any judge of the Tax Court includes in an interlocutory order a statement that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that an immediate appeal from that order may materially advance the ultimate termination of the litigation, the United States Court of Appeals may, in its discretion, permit an appeal to be taken from such order, if application is made to it within 10 days after the entry of such order. Neither the application for nor the granting of an appeal under this paragraph shall stay proceedings in the Tax Court, unless a stay is ordered by a judge of the Tax Court or by the United States Court of Appeals which has jurisdiction of the appeal or a judge of that court.
(B) *Order treated as Tax Court decision* — For purposes of subsections (b) and (c), an order described in this pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 7482
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Federal law — U.S. Code and appendices · legal_authorities
Page 505
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2074
the Judicial Conference of the United States shall pre-
scribe in accordance with rule 9009 of the Federal Rules
of Bankruptcy Procedure [11 U.S.C. App.] official stand-
ard form disclosure statements and plans of reorganiza-
tion for small business debtors (as defined in section 101
of title 11, United States Code, as amended by this Act),
designed to achieve a practical balance between—
‘‘(1) the reasonable needs of the courts, the United
States trustee, creditors, and other parties in inter-
est for reasonably complete information; and
‘‘(2) economy and simplicity for debtors.’’
UNIFORM REPORTING RULES AND FORMS FOR SMALL
BUSINESS CASES
Pub. L. 109–8, title IV, § 435, Apr. 20, 2005, 119 Stat. 111,
provided that:
‘‘(a) PROPOSAL OF RULES AND FORMS.—The Judicial
Conference of the United States shall propose in ac-
cordance with section 2073 of title 28 of the United
States Code amended Federal Rules of Bankruptcy Pro-
cedure, and shall prescribe in accordance with rule 9009
of the Federal Rules of Bankruptcy Procedure [11
U.S.C. App.] official bankruptcy forms, directing small
business debtors to file periodic financial and other re-
ports containing information, including information
relating to—
‘‘(1) the debtor’s profitability;
‘‘(2) the debtor’s cash receipts and disbursements;
and
‘‘(3) whether the debtor is timely filing tax returns
and paying taxes and other administrative expenses
when due.
‘‘(b) PURPOSE.—The rules and forms proposed under
subsection (a) shall be designed to achieve a practical
balance among—
‘‘(1) the reasonable needs of the bankruptcy court,
the United States trustee, creditors, and other par-
ties in interest for reasonably complete information;
‘‘(2) a small b
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2074
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