28 U.S.C. § 2072 — Rules of procedure and evidence; power

Page 503 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2072 Supreme Court to promulgate rules relating to service of process in railroad reorganization proceedings. SENATE REVISION AMENDMENT By Senate amendment, all provisions relating to the Tax Court were eliminated. Therefore, section 1111 of Title 26, U.S.C., Internal Revenue Code, was not one of the sources of this section as finally enacted. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559. 1949 ACT This amendment clarifies section 2071 of title 28, U.S.C., by giving express recognition to the power of the Supreme Court to prescribe its own rules and by giving a better description of its procedural rules. Editorial Notes AMENDMENTS 1988—Pub. L. 100–702 designated existing provisions as subsec. (a), substituted ‘‘under section 2072 of this title’’ for ‘‘by the Supreme Court’’, and added subsecs. (b) to (f). 1949—Act May 24, 1949, expressed recognition to the Supreme Court’s power to prescribe its own rules and give a better description of its procedural rules. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–702, title IV, § 407, Nov. 19, 1988, 102 Stat. 4652, provided that: ‘‘This title [enacting sections 2072 to 2074 of this title, amending this section, sections 331, 332, 372, 604, 636, and 2077 of this title, section 460n–8 of Title 16, Conservation, and section 3402 of Title 18, Crimes and Criminal Procedure, repealing former sec- tion 2072 and section 2076 of this title and sections 3771 and 3772 of Title 18, and enacting provisions set out as notes under this section] shall take effect on December 1, 1988.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 97–462, § 4, Jan. 12, 1983, 96 Stat. 2530, provided that: ‘‘The amendments made by this Act [enacting provisions set out as notes below, amending Rule 4 of the Federal Rules of Civil Procedure, set out in the Ap- pendix to this title, adding Form 18–A in the Appendix of Forms, and amending section 951 of Title 18, Crimes and Criminal Procedure] shall take effect 45 days after the enactment of this Act [Jan. 12, 1983].’’ SHORT TITLE OF 1983 AMENDMENT Pub. L. 97–462, § 1, Jan. 12, 1983, 96 Stat. 2527, provided: ‘‘That this Act [enacting provisions set out as notes below, amending Rule 4 of the Federal Rules of Civil Procedure, set out in the Appendix to this title, adding Form 18–A in the Appendix of Forms, and amending section 951 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Federal Rules of Civil Procedure Amendments Act of 1982’.’’ SAVINGS PROVISION Pub. L. 100–702, title IV, § 406, Nov. 19, 1988, 102 Stat. 4652, provided that: ‘‘The rules prescribed in accordance with law before the effective date of this title [Dec. 1, 1988] and in effect on the date of such effective date shall remain in force until changed pursuant to the law as amended by this title [see Effective Date of 1988 Amendment note above].’’ RULEMAKING AUTHORITY OF SUPREME COURT AND JUDICIAL CONFERENCE Pub. L. 109–2, § 8, Feb. 18, 2005, 119 Stat. 14, provided that: ‘‘Nothing in this Act [see Short Title of 2005 Amendments note set out under section 1 of this title] shall restrict in any way the authority of the Judicial Conference and the Supreme Court to propose and pre- scribe general rules of practice and procedure under chapter 131 of title 28, United States Code.’’ TAX COURT RULEMAKING NOT AFFECTED Pub. L. 100–702, title IV, § 405, Nov. 19, 1988, 102 Stat. 4652, provided that: ‘‘The amendments made by this title [see Effective Date of 1988 Amendment note above] shall not affect the authority of the Tax Court to pre- scribe rules under section 7453 of the Internal Revenue Code of 1986 [26 U.S.C. 7453].’’ Court Rules ADMIRALTY RULES The Rules of Practice in Admiralty and Maritime Cases, promulgated by the Supreme Court on Dec. 20, 1920, effective Mar. 7, 1921, as revised, amended, and supplemented, were rescinded, effective July 1, 1966, in accordance with the general unification of civil and ad- miralty procedure which became effective July 1, 1966. Provision for certain distinctly maritime remedies were preserved however in the Supplemental Rules for Certain Admiralty and Maritime Claims, rules A to F, Federal Rules of Civil Procedure, Appendix to this title. The Supplemental Rules for Certain Admiralty and Maritime Claims were subsequently renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. § 2072. Rules of procedure and evidence; power to prescribe (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 be- fore magistrate judges thereof) and courts of ap- peals. (b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in con- flict 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. (Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4648; amended Pub. L. 101–650, title III, §§ 315, 321, Dec. 1, 1990, 104 Stat. 5115, 5117.) Editorial Notes PRIOR PROVISIONS A prior section 2072, acts June 25, 1948, ch. 646, 62 Stat. 961; May 24, 1949, ch. 139, § 103, 63 Stat. 104; July 18, 1949, ch. 343, § 2, 63 Stat. 446; May 10, 1950, ch. 174, § 2, 64 Stat. 158; July 7, 1958, Pub. L. 85–508, § 12(m), 72 Stat. 348; Nov. 6, 1966, Pub. L. 89–773, § 1, 80 Stat. 1323, author- ized the Supreme Court to prescribe rules of civil pro- cedure, prior to repeal by Pub. L. 100–702, §§ 401(a), 407, effective Dec. 1, 1988. AMENDMENTS 1990—Subsec. (c). Pub. L. 101–650 added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judges’’ substituted for ‘‘mag- istrates’’ in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. EFFECTIVE DATE Section effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as an Effective Date of 1988 Amend- ment note under section 2071 of this title. Page 504 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2073 APPLICABILITY TO VIRGIN ISLANDS Rules of civil procedure promulgated under this sec- tion as applicable to the District Court of the Virgin Is- lands, see section 1615 of Title 48, Territories and Insu- lar Possessions. Court Rules ADMIRALTY RULES The Rules of Practice in Admiralty and Maritime Cases, promulgated by the Supreme Court on Dec. 20, 1920, effective Mar. 7, 1921, as revised, amended, and supplemented, were rescinded, effective July 1, 1966, in accordance with the general unification of civil and ad- miralty procedure which became effective July 1, 1966. Provision for certain distinctly maritime remedies were preserved however, in the Supplemental Rules for Certain Admiralty and Maritime Claims, Rules A to F, Federal Rules of Civil Procedure, Appendix to this title. The Supplemental Rules for Certain Admiralty and Maritime Claims were subsequently renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. § 2073. Rules of procedure and evidence; method of prescribing (a)(1) The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section. (2) The Judicial Conference may authorize the appointment of committees to assist the Con- ference 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 ap- pellate judges. (b) The Judicial Conference shall authorize the appointment of a standing committee on rules of practice, procedure, and evidence under sub- section (a) of this section. Such standing com- mittee shall review each recommendation of any other committees so appointed and recommend to the Judicial Conference rules of practice, pro- cedure, and evidence and such changes in rules proposed by a committee appointed under sub- section (a)(2) of this section as may be necessary to maintain consistency and otherwise promote the interest of justice. (c)(1) Each meeting for the transaction of busi- ness under this chapter by any committee ap- pointed under this section shall be open to the public, except when the committee so meeting, in open session and with a majority present, de- termines 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, ex- cept 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. (2) Any meeting for the transaction of business under this chapter, by a committee appointed under this section, shall be preceded by suffi- cient notice to enable all interested persons to attend. (d) 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 ac- tion, including any minority or other separate views. (e) Failure to comply with this section does not invalidate a rule prescribed under section 2072 or 2075 of this title. (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.) Editorial Notes PRIOR PROVISIONS A prior section 2073, acts June 25, 1948, ch. 646, 62 Stat. 961; May 24, 1949, ch. 139, § 104, 63 Stat. 104; May 10, 1950, ch. 174, § 3, 64 Stat. 158, empowered the Supreme Court to prescribe, by general rules, the practice and procedure in admiralty and maritime cases in the dis- trict courts, prior to repeal by Pub. L. 89–773, § 2, Nov. 6, 1966, 80 Stat. 1323. AMENDMENTS 1994—Subsec. (a)(2). Pub. L. 103–394, § 104(e)(1), sub- stituted ‘‘sections 2072 and 2075’’ for ‘‘section 2072’’. Subsecs. (d), (e). Pub. L. 103–394, § 104(e)(2), inserted ‘‘or 2075’’ after ‘‘2072’’. Statutory Notes and Related Subsidiaries 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 Section effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as an Effective Date of 1988 Amend- ment note under section 2071 of this title. MORE COMPLETE INFORMATION REGARDING ASSETS OF THE ESTATE Pub. L. 109–8, title IV, § 419, Apr. 20, 2005, 119 Stat. 109, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) DISCLOSURE.—The Judicial Conference of the United States, in accordance with section 2075 of title 28 of the United States Code and after consideration of the views of the Director of the Executive Office for United States Trustees, shall propose amended Federal Rules of Bankruptcy Procedure and in ac- cordance with rule 9009 of the Federal Rules of Bank- ruptcy Procedure [11 U.S.C. App.] shall prescribe offi- cial bankruptcy forms directing debtors under chap- ter 11 of title 11 of United States Code, to disclose the information described in paragraph (2) by filing and serving periodic financial and other reports designed to provide such information. ‘‘(2) INFORMATION.—The information referred to in paragraph (1) is the value, operations, and profit- ability of any closely held corporation, partnership, or of any other entity in which the debtor holds a substantial or controlling interest. ‘‘(b) PURPOSE.—The purpose of the rules and reports under subsection (a) shall be to assist parties in inter- est taking steps to ensure that the debtor’s interest in any entity referred to in subsection (a)(2) is used for the payment of allowed claims against debtor.’’ STANDARD FORM DISCLOSURE STATEMENT AND PLAN Pub. L. 109–8, title IV, § 433, Apr. 20, 2005, 119 Stat. 110, provided that: ‘‘Within a reasonable period of time after the date of enactment of this Act [Apr. 20, 2005],