COURTS RULE - MAKING POWER

Authors

Peter S. Boter, University of Michigan Law SchoolFollow

Abstract

A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to the courts, and that the supreme court under its express constitutional power of superintending control may make rules for inferior courts even though such courts are of constitutional origin. State v. Roy, 40 N. M. 397, 60 P. (2d) 646 (1936).

Recommended Citation

Peter S. Boter, COURTS RULE - MAKING POWER, 35 Mich. L. Rev. 1390 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss8/21