
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC2071]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                            PART V--PROCEDURE
 
                      CHAPTER 131--RULES OF COURTS
 
Sec. 2071. Rule-making power generally

    (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.
    (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.

(June 25, 1948, ch. 646, 62 Stat. 961; May 24, 1949, ch. 139, Sec. 102, 
63 Stat. 104; Pub. L. 100-702, title IV, Sec. 403(a)(1), Nov. 19, 1988, 
102 Stat. 4650.)


                      Historical and Revision Notes

                            1948 Act

    Based on title 28, U.S.C., 1940 ed., Secs. 219, 263, 296, 307, 723, 
731, and 761, and section 1111 of title 26, U.S.C., 1940 ed., Internal 
Revenue Code (R.S. Secs. 913, 918; Mar. 3, 1887, ch. 359, Sec. 4, 24 
Stat. 506; Mar. 3, 1911, ch. 231, Secs. 122, 157, 194, 291, 297, 36 
Stat. 1132, 1139, 1145, 1167, 1168; Mar. 3, 1911, ch. 231, Sec. 187(a), 
as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat. 1101; Feb. 13, 1925, 
ch. 229, Sec. 13, 43 Stat. 941; Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 
1475; Feb. 10, 1939, ch. 2, Sec. 1111, 53 Stat. 160; Oct. 21, 1942, ch. 
619, title V, Sec. 504(a), (c), 56 Stat. 957).
    Sections 219, 263, 296, 307, 723, and 731 of title 28, U.S.C., 1940 
ed., gave specified courts, other than the Supreme Court, power to make 
rules. Section 761 of such title related to rules established in the 
district courts and Court of Claims. Section 1111 of title 26, U.S.C., 
1940 ed., related to Tax Court. This section consolidates all such 
provisions. For other provisions of such sections, see Distribution 
Table.
    Recognition by Congress of the broad rule-making power of the courts 
will make it possible for the courts to prescribe complete and uniform 
modes of procedure, and alleviate, at least in part, the necessity of 
searching in two places, namely in the Acts of Congress and in the rules 
of the courts, for procedural requisites.
    Former Attorney General Cummings recently said: ``Legislative bodies 
have neither the time to inquire objectively into the details of 
judicial procedure nor the opportunity to determine the necessity for 
amendment or change. Frequently such legislation has been enacted for 
the purpose of meeting particular problems or supposed difficulties, but 
the results have usually been confusing or otherwise unsatisfactory. 
Comprehensive action has been lacking for the obvious reason that the 
professional nature of the task would leave the legislature little time 
for matters of substance and statesmanship. It often happened that an 
admitted need for change, even in limited areas, could not be 
secured.''--The New Criminal Rules--Another Triumph of the Democratic 
Process. American Bar Association Journal, May 1945.
    Provisions of sections 263 and 296 of title 28, U.S.C., 1940 ed., 
authorizing the Court of Claims and Customs Court to punish for 
contempt, were omitted as covered by H. R. 1600, Sec. 401, 80th 
Congress, for revision of the Criminal Code.
    Provisions of section 1111 of title 26, U.S.C., 1940 ed., making 
applicable to Tax Court Proceedings ``the rules of evidence applicable 
in the courts of the District of Columbia in the type of proceeding 
which, prior to Sept. 16, 1938, were within the jurisdiction of the 
courts of equity of said District,'' were omitted as unnecessary and 
inconsistent with other provisions of law relating to the Federal 
courts. The rules of evidence in Tax Court proceedings are the same as 
those which apply to civil procedure in other courts. See Dempster Mill. 
Mfg. Co. v. Burnet, 1931, 46 F.2d 604, 60 App.D.C. 23.
    For rule-making power of the Supreme Court in copyright infringement 
actions, see section 25(e) of title 17, U.S.C., 1940 ed., Copyrights. 
See, also, section 205(a) of title 11, U.S.C., 1940 ed., Bankruptcy, 
authorizing the 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.


                               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.


                    Effective Date of 1988 Amendment

    Section 407 of title IV of Pub. L. 100-702 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 section 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, Sec. 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 Appendix 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, Sec. 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

    Section 406 of title IV of Pub. L. 100-702 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].''


                    Tax Court Rulemaking Not Affected

    Section 405 of title IV of Pub. L. 100-702 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 prescribe 
rules under section 7453 of the Internal Revenue Code of 1986 [26 U.S.C. 
7453].''


                             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 admiralty 
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.

                  Section Referred to in Other Sections

    This section is referred to in sections 331, 332, 604, 651, 652, 
653, 654, 657, 2077 of this title; title 42 section 300aa-12.
