Flashcards Studio

Rule-making Power of the Supreme Court. The Supreme Court en banc promulgates Rule 52-TA on Mandatory Pre-Filing Readiness Certification for International Commercial Disputes (MPRC-ICD). Rule 52-TA provides: (a) before filing any civil action involving an international commercial dispute, counsel must attach an MPRC certifying that the action has prima facie basis and that the governing law, forum selection clause, and proportionality of the proposed discovery plan are appropriate; (b) a pleading filed without the MPRC shall be dismissed unless cured within 15 days; (c) the MPRC becomes part of the court record and may be amended only by the Court; (d) non-compliance may lead to sanctions. A group of lawyers challenges Rule 52-TA on the ground that it imposes a substantive prerequisite to filing and thus exceeds the Court's rule-making power. (a) Identify the controlling doctrine governing the Supreme Court's power to promulgate rules of court, especially as to pleading, practice and procedure, admission to the practice of law, and organization of the judiciary. (b) Assess whether Rule 52-TA falls within the Court's rule-making power and explain why it is valid or invalid. (c) Discuss potential impact on due process and access to justice.