Page:United States Statutes at Large Volume 102 Part 5.djvu/645

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PUBLIC LAW 100-000—MMMM. DD, 1988

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PUBLIC LAW 100-702—NOV. 19, 1988

102 STAT. 4651

"(c)(1) A rule of a district court prescribed under subsection (a) shall remain in effect unless modified or abrogated by the judicial council of the relevant circuit. "(2) Any other rule prescribed by a court other than the Supreme Court under subsection (a) shall remain in effect unless modified or abrogated by the Judicial Conference. "(d) Copies of rules prescribed under subsection (a) by a district Public court shall be furnished to the judicial council, and copies of all information rules prescribed by a court other than the Supreme Court under subsection (a) shall be furnished to the Director of the Administrative Office of the United States Courts and made available to the public. "(e) If the prescribing court determines that there is an immediate need for a rule, such court may proceed under this section without public notice and opportunity for comment, but such court shall promptly thereafter afford such notice and opportunity for comment. "(f) No rule may be prescribed by a district court other than under this section.". (2) Section 332(d) is amended by adding at the end the following new paragraph: "(4) Each judicial council shall periodically review the rules which are prescribed under section 2071 of this title by district courts within its circuit for consistency with rules prescribed under section 2072 of this title. Each council may modify or abrogate any such rule found inconsistent in the course of such a review.". (b) ORDERS BY CIRCUIT JUDICIAL COUNCILS.—Section 332(d)(1) is

amended by inserting after the first sentence the following new sentence: "Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating Public shall take effect upon the date specified by such judicial council. information. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public". (c) RULES BY JUDICIAL CONFERENCE AND CIRCUIT JUDICIAL COUN-

CILS.—Section 372(c)(ll) is amended by inserting before "Any rule promulgated" the following new sentence: "Any such rule shall be made or amended only after giving appropriate public notice and an opportunity for comment.". SEC. 404. CONFORMING AND OTHER TECHNICAL AMENDMENTS. (a) CONFORMING REPEAL OF CRIMINAL RULES ENABLING PROVI-

SIONS.—(1) Chapter 237 of title 18, United States Code, and the item relating to chapter 237 in the table of chapters for part II of such title, are repealed. (b) CONFORMING AMENDMENTS RELATING TO MAGISTRATES.—(1)

Section 636(d) is amended by striking out "section 3402 of title 18, United States Code" and inserting in lieu thereof "section 2072 of this title". (2) Section 3402 of title 18, United States Code, is amended by striking out the second paragraph. (c) CROSS REFERENCE TECHNICAL AMENDMENT.—Section 9 of

the

Act entitled "An Act to provide an adequate basis for the administration of the Lake Mead National Recreation Area, Arizona and Nevada, and for other purposes" approved October 8, 1964 (Public