Judicial Rulemaking: A Compendium

Judicial Rulemaking: A Compendium

Judicial Rulemaking: A Compendium

Judicial Rulemaking: A Compendium

Excerpt

This study updates a 1978 American Judicature Society publication entitled Judicial Rulemaking in the State Courts: A Compendium byChris A. Korbakes ,James J. Alfini, andCharles W. Grau. Portions of the 1978 publication drew on earlier AJS publications dating back to 1973. The authors of the 1978 publication also obtained information from detailed questionnaires that were sent to each state supreme court, and from a rulemaking workshop conducted by the Society in 1978.

The current study provides detailed information, on a state-by-state basis, on the rulemaking powers of state high courts and their uses of those powers. Each state's constitution, statutes, and case law were examined and analyzed to determine the source, nature, and dimensions of the judicial rulemaking authority. Copies were obtained of all published rules in each state and charts were prepared to indicate the areas in which each court has promulgated rules. These charts also indicate the source of authority for each set of rules. Citations to specific rules are contained in the footnotes to the charts.

To complement this volume, we have included a subject area survey so that one may see at a glance which states have promulgated rules in a given area. These surveys are found at the rear of the book in the Appendix. We have also included a bibliography of articles and books dealing with judicial rulemaking.

After all the information on a given state was assembled, it was sent to that state's highest court for review and comment. The staffs of these courts provided very helpful comments and information. We are grateful to all who took the time to respond and we thank them for the interest shown in achieving an accurate and complete product.

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