Rules Enabling Act, 28 U.S.C. §§ 2071–2077

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The Rules Enabling Act, codified at 28 U.S.C. §§ 2071–2077, is a federal statute that authorizes the U.S. Supreme Court to prescribe rules of procedure and evidence for federal courts, subject to congressional oversight and the limitation that such rules cannot alter substantive rights.

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Rules Enabling Act, 28 U.S.C. §§ 2071–2077 canonical 1

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Statements (48)

Predicate Object
instanceOf United States federal statute
procedural law statute
alternativeName Rules Enabling Act
appliesTo United States Supreme Court
United States bankruptcy courts
United States courts of appeals
United States district courts
rules of evidence in federal courts
rules of practice and procedure in civil cases
rules of practice and procedure in criminal cases
authorizes Supreme Court of the United States
authorizesAction prescription of general rules of practice and procedure for federal courts
prescription of rules of evidence for federal courts
codifiedIn Title 28 of the United States Code
controls validity of Federal Rules vis-à-vis substantive rights
country United States
establishes Judicial Conference role in rulemaking
advisory committees on rules of practice and procedure
field civil procedure
criminal procedure
evidence law
governs procedure for promulgating federal court rules
hasPart 28 U.S.C. § 2071
28 U.S.C. § 2072
28 U.S.C. § 2073
28 U.S.C. § 2074
28 U.S.C. § 2075
28 U.S.C. § 2076
28 U.S.C. § 2077
implementedBy Federal Rules of Appellate Procedure
Federal Rules of Bankruptcy Procedure
Federal Rules of Civil Procedure
Federal Rules of Criminal Procedure
Federal Rules of Evidence
Rules of the Supreme Court of the United States
imposesLimitation rules shall not abridge, enlarge, or modify any substantive right
interpretedIn Hanna v. Plumer, 380 U.S. 460 (1965)
linked to: Hanna v. Plumer

Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., 559 U.S. 393 (2010)
Sibbach v. Wilson & Co., 312 U.S. 1 (1941)
jurisdiction United States federal courts
linked to: U.S. federal courts
keyProvision 28 U.S.C. § 2072(b)
legalDoctrine substance–procedure distinction in federal courts
permits Congress to reject, modify, or defer proposed rules
provides rules shall not abridge, enlarge, or modify any substantive right
providesFor period for congressional review of proposed rules
requires public notice and opportunity for comment on proposed rules
rules must be transmitted to Congress before taking effect
subjectTo congressional oversight

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Rule 72 authoritySource Rules Enabling Act, 28 U.S.C. §§ 2071–2077