28 U.S.C. § 2076 — Untitled legal text

Page 507 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE [§ 2076 and shall take effect on December 1, 1975. Except with respect to the amendment to Rule 11, insofar as it adds Rule 11(e)(6), which shall take effect on August 1, 1975, the amendments made by section 3 of this Act shall also take effect on December 1, 1975.’’ APPROVAL AND EFFECTIVE DATE OF AMENDMENTS PROPOSED NOVEMBER 20, 1972 AND DECEMBER 18, 1972 Pub. L. 93–595, § 3, Jan. 2, 1975, 88 Stat. 1949, provided that: ‘‘The Congress expressly approves the amend- ments 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 begin- ning after the date of the enactment of this Act [Jan. 2, 1975].’’ AMENDMENTS TO CRIMINAL RULES UNDER SUPREME COURT ORDER OF APRIL 22, 1974; POSTPONEMENT OF EFFECTIVE DATE UNTIL AUGUST 1, 1975 Pub. L. 93–361, July 30, 1974, 88 Stat. 397, provided: ‘‘That, notwithstanding the provisions of sections 3771 and 3772 of title 18 of the United States Code, the effec- tive date of the proposed amendments to the Federal Rules of Criminal Procedure which are embraced by the order entered by the United States Supreme Court on April 22, 1974, and which were transmitted to the Con- gress by the Chief Justice on April 22, 1974, is postponed until August 1, 1975.’’ CONGRESSIONAL APPROVAL REQUIREMENT FOR PRO- POSED RULES OF EVIDENCE FOR UNITED STATES COURTS AND AMENDMENTS TO FEDERAL RULES OF CIVIL PROCEDURE AND CRIMINAL PROCEDURE; SUSPEN- SION 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 Proce- dure, 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.’’ § 2075. Bankruptcy rules The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11. Such rules shall not abridge, enlarge, or mod- ify any substantive right. The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under this section is to become effec- tive a copy of the proposed rule. The rule shall take effect no earlier than December 1 of the year in which it is transmitted to Congress un- less otherwise provided by law. The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 and may provide general rules on the content of such statement. (Added Pub. L. 88–623, § 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub. L. 95–598, title II, § 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103–394, title I, § 104(f), Oct. 22, 1994, 108 Stat. 4110; Pub. L. 109–8, title XII, § 1232, Apr. 20, 2005, 119 Stat. 202.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–8 inserted at end ‘‘The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 and may provide general rules on the content of such statement.’’ 1994—Pub. L. 103–394 amended third par. generally. Prior to amendment, third par. read as follows: ‘‘Such rules shall not take effect until they have been re- ported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May and until the expiration of ninety days after they have been thus reported.’’ 1978—Pub. L. 95–598 substituted ‘‘in cases under title 11’’ for ‘‘under the Bankruptcy Act’’ and struck out provisions directing that all laws in conflict with bank- ruptcy rules be of no further force or effect after such rules have taken effect. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such ef- fective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. 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 sec- tion 702 of Pub. L. 103–394, set out as a note under sec- tion 101 of Title 11. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. RULES PROMULGATED BY SUPREME COURT Pub. L. 98–353, title III, § 320, July 10, 1984, 98 Stat. 357, provided that: ‘‘The Supreme Court shall prescribe gen- eral rules implementing the practice and procedure to be followed under section 707(b) of title 11, United States Code. Section 2075 of title 28, United States Code, shall apply with respect to the general rules pre- scribed under this section.’’ APPLICABILITY OF RULES TO CASES UNDER TITLE 11 Pub. L. 95–598, title IV, § 405(d), Nov. 6, 1978, 92 Stat. 2685, provided that: ‘‘The rules prescribed under section 2075 of title 28 of the United States Code and in effect on September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the amendments made by this Act, or with this Act [see Tables for com- plete classification of Pub. L. 95–598], until such rules are repealed or superseded by rules prescribed and ef- fective under such section, as amended by section 248 [247] of this Act.’’ ADDITIONAL RULEMAKING POWER Pub. L. 95–598, title IV, § 410, Nov. 6, 1978, 92 Stat. 2687, provided that: ‘‘The Supreme Court may issue such ad- ditional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system created by this Act [see Tables for complete classification of Pub. L. 95–598].’’ [§ 2076. Repealed. Pub. L. 100–702, title IV, § 401(c), Nov. 19, 1988, 102 Stat. 4650] Section, added Pub. L. 93–595, § 2(a)(1), Jan. 2, 1975, 88 Stat. 1948; amended Pub. L. 94–149, § 2, Dec. 12, 1975, 89 Page 508 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2077 Stat. 806, authorized the Supreme Court to prescribe amendments to Federal Rules of Evidence. See sections 2072 to 2074 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 2077. Publication of rules; advisory committees (a) The rules for the conduct of the business of each court of appeals, including the operating procedures of such court, shall be published. Each court of appeals shall print or cause to be printed necessary copies of the rules. The Judi- cial Conference shall prescribe the fees for sales of copies under section 1913 of this title, but the Judicial Conference may provide for free dis- tribution of copies to members of the bar of each court and to other interested persons. (b) Each court, except the Supreme Court, that is authorized to prescribe rules of the con- duct of such court’s business under section 2071 of this title shall appoint an advisory committee for the study of the rules of practice and inter- nal operating procedures of such court and, in the case of an advisory committee appointed by a court of appeals, of the rules of the judicial council of the circuit. The advisory committee shall make recommendations to the court con- cerning such rules and procedures. Members of the committee shall serve without compensa- tion, but the Director may pay travel and trans- portation expenses in accordance with section 5703 of title 5. (Added Pub. L. 97–164, title II, § 208(a), Apr. 2, 1982, 96 Stat. 54; amended Pub. L. 100–702, title IV, § 401(b), Nov. 19, 1988, 102 Stat. 4650; Pub. L. 101–650, title IV, § 406, Dec. 1, 1990, 104 Stat. 5124.) Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–650 inserted before pe- riod at end of first sentence ‘‘and, in the case of an ad- visory committee appointed by a court of appeals, of the rules of the judicial council of the circuit’’. 1988—Subsec. (b). Pub. L. 100–702 substituted ‘‘Each court, except the Supreme Court, that is authorized to prescribe rules of the conduct of such court’s business under section 2071 of this title shall appoint’’ for ‘‘Each court of appeals shall appoint’’ and ‘‘such court’’ for ‘‘the court of appeals’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–650 effective 90 days after Dec. 1, 1990, see section 407 of Pub. L. 101–650, set out as a note under section 332 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of this title. EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amend- ment note under section 171 of this title. CHAPTER 133—REVIEW—MISCELLANEOUS PROVISIONS Sec. 2101. Supreme Court; time for appeal or certiorari; docketing; stay. 2102. Priority of criminal case on appeal from State court. [2103. Repealed.] 2104. Reviews of State court decisions. 2105. Scope of review; abatement. 2106. Determination. 2107. Time for appeal to court of appeals. 2108. Proof of amount in controversy. 2109. Quorum of Supreme Court justices absent. [2110. Repealed.] 2111. Harmless error. 2112. Record on review and enforcement of agency orders. 2113. Definition. HISTORICAL AND REVISION NOTES 1949 ACT This section inserts in the chapter analysis of chap- ter 133 of title 28, U.S.C., a new item ‘‘2111,’’ in view of the insertion in such title, by another section of this bill, of a new section 2111. Editorial Notes AMENDMENTS 1988—Pub. L. 100–352, § 5(c), (d)(2), June 27, 1988, 102 Stat. 663, struck out item 2103 ‘‘Appeal from State court or from a United States court of appeals improvi- dently taken regarded as petition for writ of certio- rari’’ and substituted ‘‘Reviews of State court deci- sions’’ for ‘‘Appeals from State courts’’ in item 2104. 1982—Pub. L. 97–164, title I, § 136, Apr. 2, 1982, 96 Stat. 41, struck out item 2110 ‘‘Time for appeal to Court of Claims in tort claims cases’’. 1970—Pub. L. 91–358, title I, § 172(a)(2)(B), July 29, 1970, 84 Stat. 590, added item 2113. 1962—Pub. L. 87–669, § 2, Sept. 19, 1962, 76 Stat. 556, substituted ‘‘or from a United States court of appeals improvidently taken regarded as petition for’’ for ‘‘im- providently taken regarded as’’ in item 2103. 1958—Pub. L. 85–791, § 1, Aug. 28, 1958, 72 Stat. 941, added item 2112. 1949—Act May 24, 1949, ch. 139, § 105, 63 Stat. 104, added item 2111. § 2101. Supreme Court; time for appeal or certio- rari; docketing; stay (a) A direct appeal to the Supreme Court from any decision under section 1253 of this title, holding unconstitutional in whole or in part, any Act of Congress, shall be taken within thir- ty days after the entry of the interlocutory or final order, judgment or decree. The record shall be made up and the case docketed within sixty days from the time such appeal is taken under rules prescribed by the Supreme Court. (b) Any other direct appeal to the Supreme Court which is authorized by law, from a deci- sion of a district court in any civil action, suit or proceeding, shall be taken within thirty days from the judgment, order or decree, appealed from, if interlocutory, and within sixty days if final. (c) Any other appeal or any writ of certiorari intended to bring any judgment or decree in a civil action, suit or proceeding before the Su- preme Court for review shall be taken or applied for within ninety days after the entry of such judgment or decree. A justice of the Supreme