This document provides an overview of the rule-making process in the U.S. Courts. Under the Constitution, Congress has the power to establish the rules of procedure used by the federal courts. By statute, Congress empowered the Supreme Court to develop these rules and authorized the Judicial Conference to study their impact. The document describes the role of the Judicial Conference’s Committee on Rules of Practice and Procedure (the “Standing Committee”), the various stages of formal review and comment, and the scope of local rules.
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How Rules of Procedure Are Developed and Revised in the U.S. Courts
June 26, 2020