Rules Enabling Act: Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, First and Second Sessions, on (oversight and H.R. 4144) ... April 21, 1983, and March 1, 1984U.S. Government Printing Office, 1985 - 453 pages |
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adopted Advisory Committee American Bar Association attorneys bill Burt Neuborne Chairman Chief Justice Circuit Civil Procedure Civil Rules class action Columbia Note Committee on Rules CONGRESS THE LIBRARY congressional constitutional Court of Appeals court rules decision delegation discovery district courts draft effect enacted federal courts Federal Judicial Federal Judicial Center Federal Rules Judge GIGNOUX Judicial Conference judicial rule-making judiciary jury KASTENMEIER LAW REVIEW Vol lawyers legislative legislature LIBRARY OF CONGRESS litigation matters meetings Neuborne party plaintiff practice and procedure prescribe pretrial problems proceedings question recommendations Report require Rule 68 Rule 83 rule-making authority rule-making power rulemaking process rules committees Rules Enabling Act RULES IN FEDERAL Rules of Civil Rules of Evidence Rules of Practice rules of procedure specific Standing Committee Stat statute Subcommittee substantive rights suggest supersedeas bond Supreme Court tion trial United United States Code Washington Weinstein
Popular passages
Page 449 - Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant.
Page 11 - That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Page 426 - The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
Page 441 - An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party...
Page 358 - Each district court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with these rules.
Page 446 - The test must be whether a rule really regulates procedure, — the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for disregard or infraction of them.
Page 91 - Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, testified on February 7, 1973.
Page 107 - Such changes in and additions to those rules as the Conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay...
Page 447 - Congress so that that body might examine them and veto their going into effect if contrary to the policy of the legislature. The value of the reservation of the power to examine proposed rules, laws and regulations before they become effective is well understood by Congress. It is frequently, as here, employed to make sure that the action under the delegation squares with the Congressional purpose.
Page 12 - Such rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Seventh Amendment to the Constitution * * * (Emphasis Added).