Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2074 Rules of procedure and evidence; submission to Congress; effective date
Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 131— - RULES OF COURTS › § 2074
Summary
When the Supreme Court makes a new rule for court procedure, it must send a copy to Congress by May 1 of the year the rule is supposed to start. The rule cannot take effect before December 1 of that same year unless another law says otherwise. The Court can decide how the rule applies to cases already in progress. But the judge in a case can say the new rule should not be used for later steps in that case if using it is not possible or would be unfair; if so, the old rule stays in place. Any new rule that creates, removes, or changes an evidentiary privilege (a rule that protects certain evidence from being used) will not take effect unless Congress passes a law approving it.
Full Legal Text
Title 28, §2074
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 2074, act July 27, 1954, ch. 583, § 1, 68 Stat. 567, empowered the Supreme Court to prescribe rules for review of decisions of the Tax Court of the United States, prior to repeal by Pub. L. 89–773, § 2, Nov. 6, 1966, 80 Stat. 1323.
Statutory Notes and Related Subsidiaries
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. Amendment to Rule 23 of Federal Rules of Civil Procedure;
Effective Date
Pub. L. 109–2, § 7, Feb. 18, 2005, 119 Stat. 13, provided that: “Notwithstanding any other provision of law, the
Amendments
to rule 23 of the Federal Rules of Civil Procedure, which are set forth in the order entered by the Supreme Court of the United States on
March 27, 2003, shall take effect on the date of enactment of this Act [Feb. 18, 2005] or on
December 1, 2003 (as specified in that order), whichever occurs first.” Modification of
Amendments
to Federal Rules of Criminal Procedure Proposed April 29, 2002;
Effective Date
Pub. L. 107–273, div. C, title I, § 11019(a), Nov. 2, 2002, 116 Stat. 1825, provided that: “The proposed
Amendments
to the Federal Rules of Criminal Procedure that are embraced by an order entered by the Supreme Court of the United States on
April 29, 2002, shall take effect on
December 1, 2002, as otherwise provided by law, but with the
Amendments
made in subsection (b) [amending Rule 16 of the Federal Rules of Criminal Procedure].” Modification of
Amendments
to Federal Rules of Evidence Proposed April 29, 1994;
Effective Date
Pub. L. 103–322, title IV, § 40141, Sept. 13, 1994, 108 Stat. 1918, provided that: “(a) Modification of Proposed Amendment.—The proposed
Amendments
to the Federal Rules of Evidence that are embraced by an order entered by the Supreme Court of the United States on
April 29, 1994, shall take effect on
December 1, 1994, as otherwise provided by law, but with the amendment made by subsection (b). “(b) Rule.— [Amended Rule 412 of the Federal Rules of Evidence.] “(c) Technical Amendment.— [Amended table of contents for the Federal Rules of Evidence.]” Modification of
Amendments
to Federal Rules of Criminal Procedure Proposed April 29, 1994;
Effective Date
Pub. L. 103–322, title XXIII, § 230101, Sept. 13, 1994, 108 Stat. 2077, provided that: “(a) Modification of Proposed
Amendments
.—The proposed
Amendments
to the Federal Rules of Criminal Procedure which are embraced by an order entered by the Supreme Court of the United States on
April 29, 1994, shall take effect on
December 1, 1994, as otherwise provided by law, but with the following
Amendments
: “(b) In General.— [Amended Rule 32 of the Federal Rules of Criminal Procedure.] “(c)
Effective Date
.—The
Amendments
made by subsection (b) shall become effective on December 1, 1994.”
Amendments
to Civil Rules Proposed
April 30, 1991 Pub. L. 102–198, § 11, Dec. 9, 1991, 105 Stat. 1626, provided that: “(a) Technical Amendment.—Rule 15(c)(3) of the Federal Rules of Civil Procedure for the United States Courts, as transmitted to the Congress by the Supreme Court pursuant to section 2074 of title 28, United States Code, to become effective on
December 1, 1991, is amended by striking ‘Rule 4(m)’ and inserting ‘Rule 4(j)’. “(b) Amendment to Forms.—Form 1–A, Notice of Lawsuit and Request for Waiver of Service of Summons, and Form 1–B, Waiver of Service of Summons, included in the transmittal by the Supreme Court described in subsection (a), shall not be effective and Form 18–A, Notice and Acknowledgment for Service by Mail, abrogated by the Supreme Court in such transmittal, effective
December 1, 1991, shall continue in effect on or after that date.”
Amendments
to Civil Rules Proposed April 28, 1982 Pub. L. 97–462, § 5, Jan. 12, 1983, 96 Stat. 2530, provided that: “The
Amendments
to the Federal Rules of Civil Procedure [Rule 4], the
Effective Date
of which was delayed by the Act entitled ‘An Act to delay the
Effective Date
of proposed
Amendments
to rule 4 of the Federal Rules of Civil Procedure’, approved August 2, 1982 (96 Stat. 246) [Pub. L. 97–227, see below], shall not take effect.” Pub. L. 97–227, Aug. 2, 1982, 96 Stat. 246, provided: “That notwithstanding the provisions of section 2072 of title 28, United States Code, the
Amendments
to rule 4 of the Federal Rules of Civil Procedure as proposed by the Supreme Court of the United States and transmitted to the Congress by the Chief Justice on
April 28, 1982, shall take effect on
October 1, 1983, unless previously approved, disapproved, or modified by Act of Congress. “Sec. 2. This Act shall be effective as of
August 1, 1982, but shall not apply to the service of process that takes place between
August 1, 1982, and the date of enactment of this Act [Aug. 2, 1982].”
Amendments
to Criminal Rules and Rules of Evidence Proposed April 30, 1979; Postponement of
Effective Date
Pub. L. 96–42, July 31, 1979, 93 Stat. 326, provided: “That notwithstanding any provision of section 3771 or 3772 of title 18 of the United States Code or of section 2072, 2075, or 2076 of title 28 of the United States Code to the contrary— “(1) the
Amendments
proposed by the United States Supreme Court and transmitted by the Chief Justice on
April 30, 1979, to the Federal Rules of Criminal Procedure affecting rules 11(e)(6), 17(h), 32(f), and 44(c), and adding new rules 26.2 and 32.1, and the amendment so proposed and transmitted to the Federal Rules of Evidence affecting rule 410, shall not take effect until
December 1, 1980, or until and then only to the extent approved by Act of Congress, whichever is earlier; and “(2) the amendment proposed by the United States Supreme Court and transmitted by the Chief Justice on
April 30, 1979, affecting rule 40 of the Federal Rules of Criminal Procedure shall take effect on
August 1, 1979, with the following
Amendments
:“(A) In the matter designated as paragraph (1) of subdivision (d), strike out ‘in accordance with Rule 32.1(a)’. “(B) In the matter designated as paragraph (2) of subdivision (d), strike out ‘in accordance with Rule 32.1(a)(1)’.” Approval and
Effective Date
of
Amendments
Proposed
April 26, 1976 Pub. L. 95–78, § 1,
July 30, 1977, 91 Stat. 319, provided: “That notwithstanding the first section of the Act entitled ‘An Act to delay the
Effective Date
of certain proposed
Amendments
to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court’ (Public Law 94–349, approved July 8, 1976) [90 Stat. 822] the
Amendments
to rules 6(e), 23, 24, 40.1, and 41(c)(2) of the Rules of Criminal Procedure for the United States district courts [set out in the Appendix to Title 18, Crimes and Criminal Procedure] which are embraced by the order entered by the United States Supreme Court on April 26, 1976, shall take effect only as provided in this Act [see section 4 of Pub. L. 95–78, set out below].”
Effective Date
of Pub. L. 95–78 Pub. L. 95–78, § 4,
July 30, 1977, 91 Stat. 322, provided that: “(a) The first section of this Act [set out as a note above] shall take effect on the date of the enactment of this Act [
July 30, 1977]. “(b) section 2 and 3 of this Act [which amended section 1446 of this title, approved proposed amendment of rule 23 of the Federal Rules of Criminal Procedure, modified and approved proposed amendment of rules 6 and 41 of the Federal Rules of Criminal Procedure, and disapproved the proposed amendment of rule 24 of the Federal Rules of Criminal Procedure and the proposed addition of rule 40.1 of the Federal Rules of Criminal Procedure] shall take effect
October 1, 1977.” Approval and
Effective Date
of Rules Governing section 2254 Cases and section 2255 Proceedings for United States District Courts Pub. L. 94–426, § 1, Sept. 28, 1976, 90 Stat. 1334, provided: “That the rules governing section 2254 cases in the United States district courts and the rules governing section 2255 proceedings for the United States district courts, as proposed by the United States Supreme Court, which were delayed by the Act entitled ‘An Act to delay the
Effective Date
of certain proposed
Amendments
to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court’ (Public Law 94–349), are approved with the
Amendments
set forth in section 2 of this Act and shall take effect as so amended, with respect to petitions under section 2254 and motions under section 2255 of title 28 of the United States Code filed on or after February 1, 1977.”
Amendments
to Criminal Rules Under Supreme Court Order of April 26, 1976; Postponement of
Effective Date
Pub. L. 94–349, § 1, July 8, 1976, 90 Stat. 822, provided: “That, notwithstanding the provisions of section 3771 and 3772 of title 18 of the United States Code the
Amendments
to rules 6(e), 23, 24, 40.1 and 41(c)(2) of the Rules of Criminal Procedure for the United States district courts which are embraced by the order entered by the United States Supreme Court on
April 26, 1976, and which were transmitted to the Congress on or about
April 26, 1976, shall not take effect until
August 1, 1977, or until and to the extent approved by Act of Congress, whichever is earlier. The remainder of the proposed
Amendments
to the Federal Rules of Criminal Procedure [rules 6(f), 41(a), (c)(1), and 50(b)] shall become effective August 1, 1976, pursuant to law.” Postponement of
Effective Date
of Proposed Rules and Forms Governing Proceedings Under section 2254 and 2255 of this Title Pub. L. 94–349, § 2,
July 8, 1976, 90 Stat. 822, provided: “That, notwithstanding the provisions of section 2072 of title 28 of the United States Code, the rules and forms governing section 2254 [section 2254 of this title] cases in the United States district courts and the rules and forms governing section 2255 [section 2255 of this title] proceedings in the United States district courts which are embraced by the order entered by the United States Supreme Court on
April 26, 1976, and which were transmitted to the Congress on or about
April 26, 1976, shall not take effect until thirty days after the adjournment sine die of the 94th Congress, or until and to the extent approved by Act of Congress, whichever is earlier.” Approval and
Effective Date
of
Amendments
Proposed
April 22, 1974 Pub. L. 94–64, § 2,
July 31, 1975, 89 Stat. 370, provided that: “The
Amendments
proposed by the United States Supreme Court to the Federal Rules of Criminal Procedure [adding rules 12.1, 12.2, and 29.1 and amending rules 4, 9(a), 11, 12, 15, 16, 17(f), 20, 32(a), (c), and (e), and 43] which are embraced in the order of that Court on April 22, 1974, are approved except as otherwise provided in this Act [making further
Amendments
to rules 4, 9(a), 11, 12, 12.1, 12.2, 15, 16, 17(f), 20, 32(a), (c), and (e), and 43] and shall take effect on
December 1, 1975. Except with respect to the amendment to Rule 11, insofar as it adds Rule 11(e)(6), which shall take effect on
August 1, 1975, the
Amendments
made by section 3 of this Act shall also take effect on December 1, 1975.” Approval and
Effective Date
of
Amendments
Proposed
November 20, 1972 and
December 18, 1972 Pub. L. 93–595, § 3, Jan. 2, 1975, 88 Stat. 1949, provided that: “The Congress expressly approves the
Amendments
to the Federal Rules of Civil Procedure [Rules 30(c), 32(c), 43, and 44.1] and the
Amendments
to the Federal Rules of Criminal Procedure [Rules 26, 26.1, and 28], which are embraced by the orders entered by the Supreme Court of the United States on
November 20, 1972, and
December 18, 1972, and such
Amendments
shall take effect on the one hundred and eightieth day beginning after the date of the enactment of this Act [Jan. 2, 1975].”
Amendments
to Criminal Rules Under Supreme Court Order of April 22, 1974; Postponement of
Effective Date
Until
August 1, 1975 Pub. L. 93–361,
July 30, 1974, 88 Stat. 397, provided: “That, notwithstanding the provisions of section 3771 and 3772 of title 18 of the United States Code, the
Effective Date
of the proposed
Amendments
to the Federal Rules of Criminal Procedure which are embraced by the order entered by the United States Supreme Court on
April 22, 1974, and which were transmitted to the Congress by the Chief Justice on
April 22, 1974, is postponed until
August 1, 1975.” Congressional Approval Requirement for Proposed Rules of Evidence for United States Courts and
Amendments
to Federal Rules of Civil Procedure and Criminal Procedure; Suspension of Effectiveness of Such Rules Pub. L. 93–12, Mar. 30, 1973, 87 Stat. 9, provided: “That notwithstanding any other provisions of law, the Rules of Evidence for United States Courts and Magistrates, the
Amendments
to the Federal Rules of Civil Procedure, and the
Amendments
to the Federal Rules of Criminal Procedure, which are embraced by the orders entered by the Supreme Court of the United States on Monday,
November 20, 1972, and Monday,
December 18, 1972, shall have no force or effect except to the extent, and with such
Amendments
, as they may be expressly approved by the Act of Congress.”
Reference
Citations & Metadata
Citation
28 U.S.C. § 2074
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73