§ 2073. Rules of procedure and evidence; method of prescribing

Statutory text

The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section.

The Judicial Conference may authorize the appointment of committees to assist the Conference by recommending rules to be prescribed under sections 2072 and 2075 of this title. Each such committee shall consist of members of the bench and the professional bar, and trial and appellate judges.

The Judicial Conference shall authorize the appointment of a standing committee on rules of practice, procedure, and evidence under subsection (a) of this section. Such standing committee shall review each recommendation of any other committees so appointed and recommend to the Judicial Conference rules of practice, procedure, and evidence and such changes in rules proposed by a committee appointed under subsection (a)(2) of this section as may be necessary to maintain consistency and otherwise promote the interest of justice.

Each meeting for the transaction of business under this chapter by any committee appointed under this section shall be open to the public, except when the committee so meeting, in open session and with a majority present, determines that it is in the public interest that all or part of the remainder of the meeting on that day shall be closed to the public, and states the reason for so closing the meeting. Minutes of each meeting for the transaction of business under this chapter shall be maintained by the committee and made available to the public, except that any portion of such minutes, relating to a closed meeting and made available to the public, may contain such deletions as may be necessary to avoid frustrating the purposes of closing the meeting.

Any meeting for the transaction of business under this chapter, by a committee appointed under this section, shall be preceded by sufficient notice to enable all interested persons to attend.

In making a recommendation under this section or under section 2072 or 2075, the body making that recommendation shall provide a proposed rule, an explanatory note on the rule, and a written report explaining the body’s action, including any minority or other separate views.

Failure to comply with this section does not invalidate a rule prescribed under section 2072 or 2075 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1988
Judicial Improvements and Access to Justice Act
Pub. L. 100–702 title IV § 401(a) · 102 Stat. 4642
Enacted · 28 U.S.C. § 2073
Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649
Source evidence
Code source credit
Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649
Enacted provision · exact public law section
(a) In General.— Chapter 131 is amended by striking out section 2072 and inserting in lieu thereof the following: “§ 2072. Rules of procedure and evidence; power to prescribe “(a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrates thereof) and courts of appeals. “(b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. “§ 2073. Rules of procedure and evidence; method of prescribing “(a) (1) The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section. “(2) The Judicial Conference may authorize the appointment of committees to assist the Conference by recommending rules to be prescribed under section 2072 of this title. Each such committee shall consist of members of the bench and the professional bar, and trial and appellate judges. “(b) The Judicial Conference shall authorize the appointment of a standing committee on rules of practice, procedure, and evidence under subsection (a) of this section. Such standing committee shall review each recommendation of any other committees so appointed and recommend to the Judicial Conference rules of practice, procedure, and evidence and such changes in rules proposed by a committee appointed under subsection (a)(2) of this section as may be necessary to maintain consistency and otherwise promote the interest of justice. “(c) (1) Each meeting for the transaction of business under this Public information. chapter by any committee appointed under this section shall be open to the public, except when the committee so meeting, in open session and with a majority present, determines that it is in the public interest that all or part of the remainder of the meeting on that day shall be closed to the public, and states the reason for so closing the meeting. Minutes of each meeting for the transaction of business under this chapter shall be maintained by the committee and made available to the public, except that any portion of such minutes, relating to a closed meeting and made available to the public, may contain such deletions as may be necessary to avoid frustrating the purposes of closing the meeting. “(2) Any meeting for the transaction of business under this chapter, by a committee appointed under this section, shall be preceded by sufficient notice to enable all interested persons to attend. “(d) In making a recommendation under this section or under Reports. section 2072, the body making that recommendation shall provide a proposed rule, an explanatory note on the rule, and a written report explaining the body s action, including any minority or other separate views. “(e) Failure to comply with this section does not invalidate a rule prescribed under section 2072 of this title. “§ 2074. Rules of procedure and evidence; submission to Congress; effective date “(a) 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. “(b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress.”.
1994
Bankruptcy Reform Act of 1994
Pub. L. 103–394 § 104(e)(1) · 108 Stat. 4106
Substituted · 28 U.S.C. § 2073(a)(2)
Pub. L. 103–394, § 104(e)(1), substituted “sections 2072 and 2075” for “section 2072”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 103–394, § 104(e)(1), substituted “sections 2072 and 2075” for “section 2072”.
Enacted provision · exact public law section
(1) in subsection (a)(2) by striking “section 2072” and inserting “sections 2072 and 2075”, and
Effective date note
Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.
1994
Bankruptcy Reform Act of 1994
Pub. L. 103–394 § 104(e)(2) · 108 Stat. 4106
Inserted · 28 U.S.C. § 2073(d); 28 U.S.C. § 2073(e)
Pub. L. 103–394, § 104(e)(2), inserted “or 2075” after “2072”
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 103–394, § 104(e)(2), inserted “or 2075” after “2072”.
Enacted provision · exact public law section
(2) in subsections (d) and (e) by inserting “or 2075” after “2072” each place it appears.
Effective date note
Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 2073, acts June 25, 1948, ch. 646, 62 Stat. 961; May 24, 1949, ch. 139, § 104, 63 Stat. 104; May 10, 1950, ch. 174, § 3, 64 Stat. 158, empowered the Supreme Court to prescribe, by general rules, the practice and procedure in admiralty and maritime cases in the district courts, prior to repeal by Pub. L. 89–773, § 2, Nov. 6, 1966, 80 Stat. 1323.

Amendments

1994—Subsec. (a)(2). Pub. L. 103–394, § 104(e)(1), substituted “sections 2072 and 2075” for “section 2072”.

Subsecs. (d), (e). Pub. L. 103–394, § 104(e)(2), inserted “or 2075” after “2072”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.

Effective Date

Section effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as an Effective Date of 1988 Amendment note under section 2071 of this title.

More Complete Information Regarding Assets of the Estate

Pub. L. 109–8, title IV, § 419, Apr. 20, 2005, 119 Stat. 109, provided that:

“(a)
In General.—
“(1)
Disclosure.—
The Judicial Conference of the United States, in accordance with section 2075 of title 28 of the United States Code and after consideration of the views of the Director of the Executive Office for United States Trustees, shall propose amended Federal Rules of Bankruptcy Procedure and in accordance with rule 9009 of the Federal Rules of Bankruptcy Procedure [11 U.S.C. App.] shall prescribe official bankruptcy forms directing debtors under chapter 11 of title 11 of United States Code, to disclose the information described in paragraph (2) by filing and serving periodic financial and other reports designed to provide such information.
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“(2)
Information.—
The information referred to in paragraph (1) is the value, operations, and profitability of any closely held corporation, partnership, or of any other entity in which the debtor holds a substantial or controlling interest.
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“(b)
Purpose.—
The purpose of the rules and reports under subsection (a) shall be to assist parties in interest taking steps to ensure that the debtor’s interest in any entity referred to in subsection (a)(2) is used for the payment of allowed claims against debtor.”
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Standard Form Disclosure Statement and Plan

Pub. L. 109–8, title IV, § 433, Apr. 20, 2005, 119 Stat. 110, provided that:

“Within a reasonable period of time after the date of enactment of this Act [Apr. 20, 2005], the Judicial Conference of the United States shall prescribe in accordance with rule 9009 of the Federal Rules of Bankruptcy Procedure [11 U.S.C. App.] official standard form disclosure statements and plans of reorganization for small business debtors (as defined in section 101 of title 11, United States Code, as amended by this Act), designed to achieve a practical balance between—
“(1)
the reasonable needs of the courts, the United States trustee, creditors, and other parties in interest for reasonably complete information; and
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“(2)
economy and simplicity for debtors.”
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Uniform Reporting Rules and Forms for Small Business Cases

Pub. L. 109–8, title IV, § 435, Apr. 20, 2005, 119 Stat. 111, provided that:

“(a)
Proposal of Rules and Forms.—
The Judicial Conference of the United States shall propose in accordance with section 2073 of title 28 of the United States Code amended Federal Rules of Bankruptcy Procedure, and shall prescribe in accordance with rule 9009 of the Federal Rules of Bankruptcy Procedure [11 U.S.C. App.] official bankruptcy forms, directing small business debtors to file periodic financial and other reports containing information, including information relating to—
“(1)
the debtor’s profitability;
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“(2)
the debtor’s cash receipts and disbursements; and
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“(3)
whether the debtor is timely filing tax returns and paying taxes and other administrative expenses when due.
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“(b)
Purpose.—
The rules and forms proposed under subsection (a) shall be designed to achieve a practical balance among—
“(1)
the reasonable needs of the bankruptcy court, the United States trustee, creditors, and other parties in interest for reasonably complete information;
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“(2)
a small business debtor’s interest that required reports be easy and inexpensive to complete; and
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“(3)
the interest of all parties that the required reports help such debtor to understand such debtor’s financial condition and plan the [sic] such debtor’s future.”
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Credits

1988–1994 · 2 acts

1988Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649
1994amended Pub. L. 103–394, title I, § 104(e), Oct. 22, 1994, 108 Stat. 4110.

Show as published

(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649; amended Pub. L. 103–394, title I, § 104(e), Oct. 22, 1994, 108 Stat. 4110.)