Rules of Civil Procedure for the United States District Courts

AUTHORITY FOR PROMULGATION OF RULES

(28 U. S. Code, 2072)

§ 2072. Rules of civil procedure for district courts.

The Supreme Court shall have the power to prescribe, by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure of the district courts of the United States and the District Court for the Territory of Alaska in civil actions.

Such rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Seventh Amendment to the Constitution.

Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May, and until the expiration of ninety days after they have been thus reported.

All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede, or repeal any such rules heretofore prescribed by the Supreme Court. (June 25, 1948, ch. 646, § 1, 62 Stat. 961; May 24, 1949, ch. 139, § 103, 63 Stat. 104; July 18, 1949, ch. 343, § 2, 63 Stat. 446; May 10, 1950, ch. 174, § 2, 64 Stat. 158.)

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HISTORICAL NOTE

By the act of June 19, 1934 (ch. 651, 48 Stat. 1064; subsequently 28 U. S. Code § 2072) the Supreme Court was authorized to prescribe general rules of civil procedure for the district courts. The rules, and subsequent amendments, were not to take effect until (1) they had been first reported to the Congress by the Attorney General at the beginning of a regular session and (2) after the close of that session. The original rules, pursuant to that act, were adopted by order of the Court on December 20, 1937, were transmitted to the Congress by the Attorney General on January 3, 1938, and became effective on September 16, 1938 (308 U. S. 645; Cong. Rec., vol. 83, pt. 1, p. 13; Exec. Comm. 905).

Rule 81 (a) (6) was abrogated by order of the Court on December 28, 1939, transmitted to the Congress by the Attorney General on January 3, 1940, becoming effective April 3, 1941 (308 U. S. 642; Cong. Rec., vol. 86, pt. 1, p. 14).

Further amendments were adopted by the Supreme Court by order of December 27, 1946, were transmitted to the Congress by the Attorney General on January 3, 1947, and became effective March 19, 1948 (329 U. S. 841, Cong. Rec., vol. 93, pt. 1, p. 41; Exec. Comm. 32). The amendments were to Rules 6, 7, 12, 13, 14, 17, 24, 26, 27, 28, 33, 34, 36, 41, 45, 52, 54, 56, 58, 59, 60, 62, 65, 66, 68, 73, 75, 77, 79, 81, 84, and 86; and Forms 17, 20, 22, and 25.

Additional amendments were adopted by the Court by order of December 29, 1948, were transmitted to the Congress by the Attorney General on January 3, 1949, and became effective on October 20, 1949 (335 U. S. 919; Cong. Rec., vol. 95, pt. 1, p. 94; Exec. Comm. 24). The amendments were to Rules 1, 17, 22, 24, 25, 27, 37, 45, 57, 60, 62, 65, 66, 67, 69, 72, 73, 74, 75, 76, 79, 81, 82, and 86; and Forms 1, 19, 22, 23, and 27.

By a 1949 amendment to 28 U. S. C. § 2072, the Chief Justice of the United States, instead of the Attorney General, now reports the rules to the Congress. In 1950, that section was further amended so that amendments to the rules may be reported to Congress not later than May 1 each year and become effective 90 days after being reported.

Amendment to Rule 81 (a) (7) and new Rule 71A and Forms 28 and 29 were adopted by the Court order April 30, 1951, were transmitted to the Congress on May 1, 1951, and became effective on August 1, 1951 (341 U. S. 959; Cong. Rec., vol. 97, pt. 4, p. 4666; Exec. Comm. 414).

Advisory Committee Notes

The notes of the Advisory Committee appointed by the Supreme Court to assist it in preparing the rules and amendments are set out in Title 28, United States Code, following the particular rule to which they relate. In addition, the rules and amendments, together with Advisory Committee notes, are set out in House Document 460, 75th Congress; House Document 46, 80th Congress; House Document 473, 80th Congress; House Document 33, 81st Congress; and House Document 121, 82d Congress.

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