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    28 USC Sec. 2072                                            01/19/04

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    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

    PART V - PROCEDURE

    CHAPTER 131 - RULES OF COURTS

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    Sec. 2072. Rules of procedure and evidence; power to prescribe

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      (a) The Supreme Court shall have the power to prescribe general

    rules of practice and procedure and rules of evidence for cases in

    the United States district courts (including proceedings before

    magistrate judges thereof) and courts of appeals.

      (b) Such rules shall not abridge, enlarge or modify any

    substantive right. All laws in conflict with such rules shall be of

    no further force or effect after such rules have taken effect.

      (c) Such rules may define when a ruling of a district court is

    final for the purposes of appeal under section 1291 of this title.

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    (Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102

    Stat. 4648; amended Pub. L. 101-650, title III, Secs. 315, 321,

    Dec. 1, 1990, 104 Stat. 5115, 5117.)

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                             PRIOR PROVISIONS                         

      A prior section 2072, acts June 25, 1948, ch. 646, 62 Stat. 961;

    May 24, 1949, ch. 139, Sec. 103, 63 Stat. 104; July 18, 1949, ch.

    343, Sec. 2, 63 Stat. 446; May 10, 1950, ch. 174, Sec. 2, 64 Stat.

    158; July 7, 1958, Pub. L. 85-508, Sec. 12(m), 72 Stat. 348; Nov.

    6, 1966, Pub. L. 89-773, Sec. 1, 80 Stat. 1323, authorized the

    Supreme Court to prescribe rules of civil procedure, prior to

    repeal by Pub. L. 100-702, Secs. 401(a), 407, effective Dec. 1,

    1988.

                                AMENDMENTS                            

      1990 - Subsec. (c). Pub. L. 101-650 added subsec. (c).

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                              CHANGE OF NAME                          

      Words "magistrate judges" substituted for "magistrates" in

    subsec. (a) pursuant to section 321 of Pub. L. 101-650, set out as

    a note under section 631 of this title.

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                              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.

                      APPLICABILITY TO VIRGIN ISLANDS                  

      Rules of civil procedure promulgated under this section as

    applicable to the District Court of the Virgin Islands, see section

    1615 of Title 48, Territories and Insular Possessions.

                              ADMIRALTY RULES                          

      The Rules of Practice in Admiralty and Maritime Cases,

    promulgated by the Supreme Court on Dec. 20, 1920, effective Mar.

    7, 1921, as revised, amended, and supplemented, were rescinded,

    effective July 1, 1966, in accordance with the general unification

    of civil and admiralty procedure which became effective July 1,

    1966. Provision for certain distinctly maritime remedies were

    preserved however, in the Supplemental Rules for Certain Admiralty

    and Maritime Claims, Rules A to F, Federal Rules of Civil

    Procedure, Appendix to this title.

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                   SECTION REFERRED TO IN OTHER SECTIONS               

      This section is referred to in sections 332, 636, 1292, 2071,

    2073, 2074, 2112 of this title; title 26 section 7482; title 29

    section 160; title 38 section 7292.