Rules Enabling Act
From Biocrawler, the free encyclopedia.
The Rules Enabling Act is a 1934 United States Congressional act that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules. While the courts exercised rulemaking powers granted to them under the Act without Congressional intervention for nearly forty years, Congress refused to allow the Federal Rules of Evidence to go into effect after their approval by the Supreme Court in 1973. The Rules of Evidence were eventually passed, with substantial changes, as legislation by Congress. Because of Congress' intervention in 1973 and subsequent years, the rulemaking powers granted to the judiciary by the Rules Enabling Act have been reduced, causing the Act to command less importance in recent years.
References
Creating the Federal Rules (http://www.findarticles.com/p/articles/mi_qa4043/is_200301/ai_n9222806)
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