Notes on 28 U.S.C. § 2071 : US Code - Notes

Search Notes on 28 U.S.C. § 2071 : US Code - Notes

(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]."
RULEMAKING AUTHORITY OF SUPREME COURT AND JUDICIAL CONFERENCE
Pub. L. 109-2, Sec. 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 prescribe general rules of practice and procedure under
chapter 131 of title 28, United States Code."
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.