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76 Tex. L. Rev. 1607 (1997-1998)
Civil Rule 53: An Enabling Act Challenge

handle is hein.journals/tlr76 and id is 1625 raw text is: Civil Rule 53: An Enabling Act Challenge Edward H. Cooper* The Judicial Conference of the United States is charged by statute to carry on a continuous study of the operation and effect of the general rules of practice and procedure, recommending desirable changes to the Supreme Court.' The Rules Enabling Act,2 which describes the Supreme Court's role, further provides that the Judicial Conference is to be assisted in this task by a standing committee on rules of practice, procedure, and evidence ;3 the standing committee in turn reviews each recommendation of any other committees appointed to advise it.4 Charles Alan Wright has been directly involved in the rulemaking pro- cess for much of his life. As with so many other things, he cares passion- ately about it. He cares that it be done carefully, and that the products be as good as they can be made. This Symposium contribution is designed to ask others to lend a hand with one small and discrete part of the larger enterprise. The first part of this paper introduces a Reporter's draft of a revised Civil Rule 53. The purpose is in large part to stimulate interest in the draft. It is important to gain advice on the questions whether revision of Rule 53 should be undertaken during the next several years, and whether this first draft moves in the right directions. But a secondary purpose is * ThomasM. Cooley Professorof Law, University of Michigan. A.B. 1961, Dartmouth College; L.L.B. 1964, Harvard University. 1. 28 U.S.C. § 331 (1994). The relevant portion of the statute states: The Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure now or hereafter in use as prescribed by the Supreme Court for the other courts of the United States pursuant to law. Such changes in and additions to those rules as the Conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay shall be recommended by the Conference from time to time to the Supreme Court for its consideration and adoption, modification or rejection, in accordance with law. Id. 2. Pub. L. No. 73-415, 48 Stat. 1064 (1934) (codified as amended at 28 U.S.C. §§ 2072-2074 (1994)). 3. Id. § 2073(b). 4. Id. Section 2075 includes a parallel provision for adopting bankruptcy rules. See id. § 2075.

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