Federal · Title 28 — Judiciary and Judicial Procedure

28 U.S.C. § 2074: Rules of procedure and evidence; submission to Congress; effective date

Civil

What this law says, in plain English

This statute establishes procedural rules for how the Supreme Court submits proposed rules of evidence and procedure to Congress, when they take effect, and how they apply to pending cases.

Read the full statutory text
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 December 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 application of such rule to further proceedings then pending to the extent that, in the opinion of the court in which such proceedings are pending, the application of such rule in such proceedings would not be feasible or would work injustice, in which event the former rule applies. Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress. 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). 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: The amendments made by subsection (b) shall become effective on December 1, 1994 .” Rule 15(c)(3) of the Federal 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)’. Form 1–A, Notice of Lawsuit and Request for Waiver of Service of Summons, and Form 1–B, Waiver of Service of Summons, included in the transmittal by the Supreme Court described in subsection (a), shall not be effective and Form 18–A, Notice and Acknowledgment for Service by Mail, abrogated by the Supreme Court in such transmittal, effective December 1, 1991 , shall continue in effect on or after that date.” This Act shall be effective as of August 1, 1982 , but shall not apply to the service of process that takes place between August 1, 1982 , and the date of enactment of this Act [ Aug. 2, 1982 ].” the amendments proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979 , to the Federal Rules of Criminal Procedure affecting rules 11(e)(6), 17(h), 32(f), and 44(c), and adding new rules 26.2 and 32.1, and the amendment so proposed and transmitted to the Federal Rules of Evidence affecting rule 410, shall not take effect until December 1, 1980 , or until and then only to the extent approved by Act of Congress, whichever is earlier; and In the matter designated as paragraph (1) of subdivision (d), strike out ‘in accordance with Rule 32.1(a)’. In the matter designated as paragraph (2) of subdivision (d), strike out ‘in accordance with Rule 32.1(a)(1)’.” The first section of this Act [set out as a note above] shall take effect on the date of the enactment of this Act [ July 30, 1977 ]. Sections 2 and 3 of this Act [which amended section 1446 of this title , approved proposed amendment of rule 23 of the Federal Rules of Criminal Procedure, modified and approved proposed amendment of rules 6 and 41 of the Federal Rules of Criminal Procedure, and disapproved the proposed amendment of rule 24 of the Federal Rules of Criminal Procedure and the proposed addition of rule 40.1 of the Federal Rules of Criminal Procedure] shall take effect October 1, 1977 .”

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