Summary: H.R.4144 — 98th Congress (1983-1984)All Information (Except Text)

There is one summary for H.R.4144. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (10/18/1983)

Rules Enabling Act of 1983 - Amends the Judicial Code to transfer from the Supreme Court to the Judicial Conference the power to prescribe rules for the practice and procedure of civil, criminal, and bankruptcy actions in the district courts and courts of appeals.

Directs the Conference to appoint committees comprised of judges and attorneys who will recommend the rules to be prescribed for Federal practice and procedure. Sets the term of committee members at five years, with a maximum total of ten years.

Mandates the appointment of: (1) separate committees to consider specified areas of practice and procedure; and (2) a standing committee on rules of practice and procedure whose function is to review all committee recommendations for consistency with one another.

Provides for public notice of committee meetings for the transaction of business. Specifies exceptions.

Requires that recommendations or prescriptions for rules of practice and procedure be accompanied by: (1) a proposed rule; (2) an explanatory note on the rule; and (3) a written explanation of the recommending body's action, including minority or separate views.

Requires the Conference to transmit proposed rules of civil practice and procedure to the Congress by March 15th of the year in which such rules are to become effective. Sets December 15th of such year as the effective date for such rules.

Amends the Judicial Code to provide for a periodic compilation by the Judicial Conference of procedural rules prescribed by specified courts in order to provide a current record of such rules. Requires the Conference to periodically review such rules for consistency with the Conference's rules of practice and procedure.

Amends the Criminal Code to rescind the power of the Supreme Court to prescribe rules of criminal practice and procedure for: (1) trials held by magistrates; and (2) taking and hearing appeals to district court judges from magistrate-held trials.

Makes technical and conforming amendments to the Revised Organic Act of the Virgin Islands and to the Organic Act of Guam.