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Rules of Practice and Procedure in the Federal Courts

Federal courts have promulgated rules of practice and procedure since the inception of the judicial system. These rules govern technical aspects of the legal process such as service, filing, and motion practice. The essays linked here describe the historical development of these rules.  The timeline below includes some of the most important points in this history.

  • 1789—The Judiciary Act of 1789 authorizes federal judges to “make and establish all necessary rules for the orderly conducting [of] business” in their courts.
  • 1790—The Supreme Court of the United States begins adopting rules of practice and procedure to govern its own proceedings.
  • 1792—The Process Act authorizes the Supreme Court to promulgate rules of equity and admiralty procedure. The Act states that federal courts should follow the procedures of state courts as of 1789 in common-law cases.
  • 1822—The Supreme Court promulgates Rules of Practice for the Courts of Equity of the United States.
  • 1842—The Supreme Court promulgates revised and expanded Rules of Practice for the Courts of Equity of the United States.
  • 1844—The Supreme Court promulgates Rules of Practice for the Courts of the U.S. in Admiralty and Maritime Jurisdiction on the Instance Side of the Court.
  • 1866—The Supreme Court promulgates rules governing appeals from the Court of Claims.
  • 1867—Congress passes a bankruptcy statute authorizing the Supreme Court to enact rules of bankruptcy procedure. The Court drafts and promulgates the General Orders in Bankruptcy.
  • 1872—Congress passes the Conformity Act, which requires federal courts to “conform, as near as may be” to contemporary state procedures in common law cases.
  • 1878—Congress repeals the Bankruptcy Act of 1867.
  • 1886—Congress passes a statute requiring federal courts to apply state criminal procedure rules where those rules do not conflict with the federal Constitution or statutes and are not otherwise “deficient.”
  • 1898—Congress passes a bankruptcy statute, known as the Nelson Act, which again authorizes the Supreme Court to adopt rules of bankruptcy procedure.  The Court promulgates new General Orders in Bankruptcy on November 28, with an effective date of January 2, 1899.
  • 1909—The Supreme Court promulgates new Rules for Practice and Procedure under the Copyright Act of 1909 pursuant to the authorization contained in that statute.
  • 1912—The Supreme Court promulgates new Rules of Practice for the Courts of Equity of the United States, which become effective February 1, 1913.
  • 1920—The Supreme Court promulgates Rules of Practice of the Courts of the United States in Admiralty and Maritime Jurisdiction.
  • 1933—Congress authorizes the Supreme Court to promulgate rules governing criminal appeals following a guilty verdict. The Court promulgates the new rules the following year.
  • 1934—The Rules Enabling Act authorizes the Supreme Court to promulgate rules of civil procedure.
  • 1938—The Supreme Court promulgates the new Federal Rules of Civil Procedure (FRCP), which go into effect on September 16.
  • 1940—Congress authorizes the Supreme Court to create rules for pre-conviction practice and procedure in criminal cases.
  • 1944—The Supreme Court promulgates the new Federal Rules of Criminal Procedure on December 26.  The rules are transmitted to Congress the following January and go into effect on March 21, 1946.
  • 1958—Congress authorizes the Judicial Conference of the United States to conduct a “continuous study” of the rules of practice and procedure in the federal judiciary. In response, the Judicial Conference creates the Standing Committee on Rules of Practice and Procedure.
  • 1964—Congress authorizes the Supreme Court to promulgate new rules of bankruptcy procedure.
  • 1966—The Supreme Court adopts amendments to the FRCP that, among other changes, abolish the 1920 Admiralty Rules and bring admiralty and maritime cases within the scope of the FRCP.
  • 1966—Congress authorizes the Supreme Court to promulgate rules of civil appellate procedure in the U.S. courts of appeals. The Court promulgates the rules in 1967, and they go into effect the following year.
  • 1972—The Supreme Court promulgates draft Federal Rules of Evidence, transmitting them to Congress in 1973.
  • 1973—Congress passes legislation postponing the Federal Rules of Evidence going into effect. Congress revises the rules over the next three years.
  • 1973—The Supreme Court promulgates rules of bankruptcy procedure under its 1964 authority. 
  • 1975—President Gerald Ford signs legislation creating the new Federal Rules of Evidence. 
  • 1983—In response to the Bankruptcy Reform Act of 1978, the Supreme Court promulgates revised bankruptcy rules.
  • 1991—The bankruptcy rules are renamed the Federal Rules of Bankruptcy Procedure.