28 U.S.C. § 2073 — Rules of procedure and evidence; method

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promulgated by the Supreme Court on Dec. 20, 1920, effective Mar. 7, 1921, as revised, amended, and supplemented, were rescinded, effective July 1, 1966, in accordance with the general unification of civil and ad- miralty procedure which became effective July 1, 1966.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], 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 business debtor’s interest that required reports be easy and inexpensive to complete; and ‘‘(3) the interest of all parties that the required re- ports help such debtor to understand such debtor’s fi- nancial condition and plan the [sic] such debtor’s fu- ture.’’ § 2074. Rules of procedure and evidence; submis- sion to Congress; effective date (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 De- cember 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 ap- plication of such rule to further proceedings then pending to the extent that, in the opinion of the court in which such proceedings are pend- ing, the application of such rule in such pro- ceedings would not be feasible or would work in- justice, 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 Con- gress. (Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649.) Editorial Notes PRIOR PROVISIONS A prior section 2074, act July 27, 1954, ch. 583, § 1, 68 Stat. 567, empowered the Supreme Court to prescribe rules for review of decisions of the Tax Court of the United States, prior to repeal by Pub. L. 89–773, § 2, Nov. 6, 1966, 80 Stat. 1323. Statutory Notes and Related Subsidiaries 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. AMENDMENT TO RULE 23 OF FEDERAL RULES OF CIVIL PROCEDURE; EFFECTIVE DATE Pub. L. 109–2, § 7, Feb. 18, 2005, 119 Stat. 13, provided that: ‘‘Notwithstanding any other provision of law, the amendments to rule 23 of the Federal Rules of Civil Procedure, which are set forth in the order entered by the Supreme Court of the United States on March 27, 2003, shall take effect on the date of enactment of this Act [Feb. 18, 2005] or on December 1, 2003 (as specified in that order), whichever occurs first.’’ MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF CRIMINAL PROCEDURE PROPOSED APRIL 29, 2002; EF- FECTIVE DATE Pub. L. 107–273, div. C, title I, § 11019(a), Nov. 2, 2002, 116 Stat. 1825, provided that: ‘‘The proposed amend- ments to the Federal Rules of Criminal Procedure that are embraced by an order entered by the Supreme Court of the United States on April 29, 2002, shall take effect on December 1, 2002, as otherwise provided by law, but with the amendments made in subsection (b) [amending Rule 16 of the Federal Rules of Criminal Procedure].’’ MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF EVIDENCE PROPOSED APRIL 29, 1994; EFFECTIVE DATE Pub. L. 103–322, title IV, § 40141, Sept. 13, 1994, 108 Stat. 1918, provided that: ‘‘(a) MODIFICATION OF PROPOSED AMENDMENT.—The proposed amendments to the Federal Rules of Evidence that are embraced by an order entered by the Supreme Court of the United States on April 29, 1994, shall take effect on December 1, 1994, as otherwise provided by law, but with the amendment made by subsection (b). ‘‘(b) RULE.—[Amended Rule 412 of the Federal Rules of Evidence.] ‘‘(c) TECHNICAL AMENDMENT.—[Amended table of con- tents for the Federal Rules of Evidence.]’’ MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF CRIMINAL PROCEDURE PROPOSED APRIL 29, 1994; EF- FECTIVE DATE Pub. L. 103–322, title XXIII, § 230101, Sept. 13, 1994, 108 Stat. 2077, provided that: ‘‘(a) MODIFICATION OF PROPOSED AMENDMENTS.—The proposed amendments to the Federal Rules of Criminal Procedure which are embraced by an order entered by the Supreme Court of the United States on April 29, 1994, shall take effect on December 1, 1994, as otherwise provided by law, but with the following amendments: ‘‘(b) IN GENERAL.—[Amended Rule 32 of the Federal Rules of Criminal Procedure.] ‘‘(c) EFFECTIVE DATE.—The amendments made by sub- section (b) shall become effective on December 1, 1994.’’ AMENDMENTS TO CIVIL RULES PROPOSED APRIL 30, 1991 Pub. L. 102–198, § 11, Dec. 9, 1991, 105 Stat. 1626, pro- vided that: ‘‘(a) TECHNICAL AMENDMENT.—Rule 15(c)(3) of the Fed- eral Rules of Civil Procedure for the United States Courts, as transmitted to the Congress by the Supreme Court pursuant to section 2074 of title 28, United States Code, to become effective on December 1, 1991, is amended by striking ‘Rule 4(m)’ and inserting ‘Rule 4(j)’. ‘‘(b) AMENDMENT TO FORMS.—Form 1–A, Notice of Lawsuit and Request for Waiver of Service of Sum-