Federal Statutes

Question 1

28 U.S.C. § 2071: Rules of Practice and Procedure

Answer 1

§ 2071. Rules of procedure

(a) General authority: The Supreme Court is authorized to prescribe, and may amend, rules of practice and procedure for the district courts, courts of appeals, and other courts created by Act of Congress.

(b) Scope of rules: Such rules shall not abridge, enlarge, or modify any substantive right. They shall not change the jurisdiction of the district courts or the courts of appeals.

(c) Publication of rules: The Supreme Court shall publish any proposed rules, amendments, or rules of practice, and allow for public comment before final adoption.

Key Points of 28 U.S.C. § 2071
General Authority:

Grants the Supreme Court the power to prescribe rules of procedure for federal courts (district courts, appellate courts, and other federal courts).
This rule-making authority is a central part of how courts operate, ensuring procedural consistency across the federal judicial system.
Scope of Rules:

The rules can address how cases are processed, but they cannot change substantive rights of the parties. For instance, the rules cannot change a party’s right to sue or the basis for a lawsuit.
The rules also cannot alter the jurisdiction of the courts; they cannot, for example, expand or restrict a court’s ability to hear certain types of cases.
Public Participation:

Before any new rules or amendments are adopted, the Supreme Court must publish them for public comment, allowing feedback before they become final.

Question 2

28 U.S.C. § 2072: Rules of Procedure

Answer 2

§ 2072. Rules of procedure
The Supreme Court shall prescribe rules of practice and procedure for the district courts, courts of appeals, and other courts created by Act of Congress, but such rules shall not be inconsistent with the provisions of any Act of Congress.

Key Points of 28 U.S.C. § 2072
Rule-Making Power:
Reiterates that the Supreme Court has the authority to make rules for federal court procedures.
The rules must align with Acts of Congress, ensuring that they do not conflict with statutes enacted by Congress. For example, if Congress passes a law mandating a particular procedure, the Supreme Court cannot create a rule that contradicts that law.

Question 3

28 U.S.C. § 2073: Judicial Conference of the United States

Answer 3

§ 2073. Judicial Conference of the United States
The Supreme Court shall make rules in accordance with the recommendations of the Judicial Conference of the United States, which is a body of judges from various courts that advises the Court on procedural matters.

Key Points of 28 U.S.C. § 2073
The Judicial Conference of the United States plays a significant role in advising the Supreme Court on rule-making.
This ensures that the procedural rules are practical and based on input from judges who have experience in federal courts.

Question 4

28 U.S.C. § 2074: Transmission and Review of Rules

Answer 4

2074. Transmission and review of rules
      (a) The rules prescribed by the Supreme Court must be transmitted to Congress. If Congress does not disapprove of the rules within a specified period, the rules become effective.
      (b) Review by Congress: Congress has a certain time frame (typically 7 months) after the transmission of rules to disapprove them. If no action is taken, the rules are deemed approved.

Key Points of 28 U.S.C. § 2074
Transmission to Congress:
Once the Supreme Court promulgates new or amended rules, they must be sent to Congress for review.
Review and Approval:
Congress has 7 months to disapprove the rules. If Congress does not act, the rules are considered approved and take effect.

Question 5

Summary of Sections 2071–2074

Answer 5

These sections outline the framework for the rule-making process for federal court procedures, including:

Supreme Court’s authority to make rules.

Limitations on the rules to ensure they do not violate substantive rights or change jurisdiction.
The Judicial Conference’s role in providing input on proposed rules.

The process for public comments and Congress’s review of the rules.

Together, they ensure that the rules governing federal courts are developed through a careful, transparent process, allowing for public input and congressional oversight while respecting the principles of justice.