Rules of Civil Procedure for the United States District Courts

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.

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.

The original rules, pursuant to the 1934 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 aopted by the Supreme Court by order dated 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 dated 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.

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).

Additional amendments were adopted by the Court by order dated April 17, 1961, were reported to the Congress by the Chief Justice on April 18, 1961, and became effective on July 19, 1961 (365 U.S. 891; Cong. Rec., vol. 107, p. 6144; Exec. Comm. 821). The amendments were to Rules 25, 54, 62, and 86, and Forms 2 and 19.

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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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