U.S. Code » Title 28 » Part PART V— PROCEDURE › Chapter CHAPTER 131— RULES OF COURTS

28 U.S.C. § 2073

Rules of procedure and evidence; method of prescribing

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(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 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.(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 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 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.(e) Failure to comply with this section does not invalidate a rule prescribed under section 2072 or 2075 of this title.(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.)Editorial NotesPrior 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 SubsidiariesEffective 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.“(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.“(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.”

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“(2) economy and simplicity for debtors.”

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;“(2) the debtor’s cash receipts and disbursements; and“(3) whether the debtor is timely filing tax returns and paying taxes and other administrative expenses when due.“(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;“(2) a small business debtor’s interest that required reports be easy and inexpensive to complete; and“(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.”

Notes of Decisions
Cited in 52 cases (7 in the last 5 years), 1948–2026 · leading case: Miner v. Atlass, 363 U.S. 641 (1960).
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Miner v. Atlass, 363 U.S. 641 (1960). · cites it 16× “§ 913, although it does now, 28 U. S. C. § 2073 , authorize the Court to supersede statutes, and the limitations of the de bene esse statute would therefore have overridden Civil Rule 26 (d) to the extent the statute was more restrictive.”
Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100 (2009). · cites it 2× “We expect that the combination of standard postjudgment appeals, §1292(b) appeals, mandamus, and contempt appeals will continue to provide adequate protection to litigants ordered to disclose mate rials purportedly subject to the attorney-client privilege.”
Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (1997). · cites it 2× “See 28 U. S. C. §§ 2073 , 2074. The text of a rule thus proposed and reviewed limits judicial inventiveness.”
Washington v. Ryan, 833 F.3d 1087 (9th Cir. 2016). · cites it 2× “See 28 U.S.C. § 2073 . The Supreme Court transmits proposed amendments to Congress no later than May 1 of the WASHINGTON V.”
Repub. of Ecuador v. Douglas MacKay, 742 F.3d 860 (9th Cir. 2014). · cites it 2× “28 U.S.C. § 2073 (a)(2). If adopted by the Supreme Court, the recommendations become law absent Congressional action.”
Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. Estes, 154 F.3d 952 (9th Cir. 1998). “§ 331 (advisory function of Judicial Conference), 28 U.S.C. § 2073 (prior report of proposed rule to Congress), designed to insure that basic procedural innovations shall be introduced only after mature consideration of informed opinion from all relevant quarters, with all the…”
In Re Nat'l Football League Players Concussion Injury Litig., 775 F.3d 570 (3rd Cir. 2014). · cites it 2× “at 620 (citing 28 U.S.C. §§ 2073 , 2074). 24 “provision that permits alteration or amendment of an order granting or denying class certification.”
Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963). · cites it 2× “But the rule that the Court announces is in my view entirely procedural in character, and the manner in which such rules must be promulgated has been specified by Congress in 28 U. S. C. § 2073 . This statute provides that rules of procedure in admiralty "shall not take effect…”
Allison v. Citgo Petroleum Corp., 151 F.3d 402 (5th Cir. 1998). “See 28 U.S.C. §§ 2073 , 2074. The text of a rule thus proposed and reviewed limits judicial inventiveness.”
Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., Docket No. 05-5385-Cv, 460 F.3d 434 (2d Cir. 2006). “Therefore, under the Rules Enabling Act, 28 U.S.C. § 2073 , the Supreme Court in 1966 established the Supplemental Rules for Certain Admiralty and Maritime Claims, 383 U.”
Rachel Reeb v. Ohio Dep't of Rehab. & Corr., Belmont Corr. Inst., 435 F.3d 639 (6th Cir. 2006). “The Supreme Court has admonished that: Federal Rules take effect after an extensive deliberative process involving many reviewers: a Rules Advisory Committee, public commenters, the Judicial Conference, this Court, the Congress.”
NexPoint v. Highland Capital Mgmt., 48 F.4th 419 (5th Cir. 2022). “3 implements section 419 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” which amended 28 U.S.C. § 2073 ). The Advisors’ attempt to tether the rule to the bankruptcy trustee’s general duties lacks any legal basis.”
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