Rules Enabling Act of 1985: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, First Session, on H.R. 2633 and H.R. 3550 ... June 6, 1985U.S. Government Printing Office, 1985 - 342 pages |
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98th Congress Administrative Office adopted Advisory Committee Alliance for Justice amendments to Rule American Bar Association attorney's fees attorneys bill Burbank Chairman Chesny Chief Justice Civil Procedure COLUMBIA LAW REVIEW Committee Note Committee on Rules Cong CONGRESS THE LIBRARY congressional constitutional court of appeals COURT RULEMAKING court rules delegation district court draft enacted federal courts Federal Rules fee awards fee-shifting statutes Gignoux Honorable Judicial Conference judicial council judicial rule-making Judiciary Kastenmeier legislative LIBRARY OF CONGRESS litigation parties plaintiffs Practice and Procedure problems Professor promulgated proposed amendments proposed Rule 68 provision reasonable recommendations require Rule 83 rulemaking power rulemaking process Rules Enabling Act Rules of Civil Rules of Evidence Rules of Practice Rules of procedure separation of powers Sess settlement offer sovereign immunity Standing Committee statutory suggest supersession supra note Supreme Court title 28 trial United States Code United States Courts
Popular passages
Page 184 - They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.
Page 156 - United States, as sovereign, is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit.
Page 216 - ... well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Page 282 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Page 285 - States, subject however to such alterations and additions as the said courts respectively shall in their discretion deem expedient, or to such regulations as the Supreme Court of the United States shall think proper from time to time by rule to prescribe to any circuit or district court concerning the same.
Page 289 - Statements made by defense witnesses as well as the defendant himself, however, are exempted. (Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Preliminary Draft of Proposed Amendments to Rules of Criminal Procedure for the United States District Courts...
Page 204 - In performing his various duties, however, it is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel. Proper preparation of a client's case demands that he assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference.
Page 313 - 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 174 - 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 230 - Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, testified on February 7, 1973.