28 U.S.C. § 2071 : US Code - Section 2071: Rule-making power generally
Search 28 U.S.C. § 2071 : US Code - Section 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.
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Rules of procedure and evidence; power to prescribe