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Materials About the Federal Rules

The materials listed below, produced or made available by the Center, are related to the Federal Rules of Practice and Procedure (appellate, bankruptcy, civil, criminal, and evidence).

Click here for curated content on Rules of Practice and Procedure.

Reports and Studies.

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Federal Courts’ Electronic Filing by Pro Se Litigants

We learned from several dozen federal clerks of court and members of their staffs that pro se litigants are sometimes able to file electronically using the federal courts’ Case Management/Electronic Case Files (CM/ECF) system, but many courts are hesitant to allow pro se filing in CM/ECF. Prisoners do not have access to the Internet, so it is not feasible for them to use CM/ECF.

We conducted this research at the request of the federal rules committees’ working group on pro se electronic filing. The most salient rules-related lessons of this research are (1) perhaps paper filers should not be required to serve their filings on parties already receiving electronic service; and (2) because electronic filing is sometimes understood to mean filing using CM/ECF and sometimes understood to mean submitting filings electronically, such as by email, perhaps the rules should clarify their references to electronic filing.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Federal Rules of Bankruptcy Procedure, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure May 10, 2022
Electronic Filing Times in Federal Courts

The Judicial Conference’s standing Committee on Rules of Practice and Procedure requested research on electronic filing practices as it considered whether a filing should be made at some hour earlier than midnight on the day that it is due. This report charts the filing times for all docket entries made in 200 federal courts in 2018 by court and filer type, with additional charts on motions and responses. Also described are court hours and drop boxes. A related report describes Electronic Filing in State Courts.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Federal Rules of Bankruptcy Procedure, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure April 25, 2022
Amendments to the Federal Rules of Practice and Procedure 2022—Transmittal to Congress

This package of materials was transmitted to Congress on April 11, 2022, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.

Amendments to the Federal Rules of Practice and Procedure are as follows:

  • Amendments to Federal Rules of Appellate Procedure 25 and 42.
  • Amendments to Federal Rules of Bankruptcy Procedure 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 2017.2 (new), 3018, 3019, 5005, 7004, and 8023.
  • Amendments to Federal Rules of Civil Procedure 7.1 and new Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g).
  • Amendments to Federal Rule of Criminal Procedure 16.

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 25, Fed. R. App. P. 42, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 1020, Fed. R. Bankr. P. 2009, Fed. R. Bankr. P. 2012, Fed. R. Bankr. P. 2015, Fed. R. Bankr. P. 2017, Fed. R. Bankr. P. 3002, Fed. R. Bankr. P. 3010, Fed. R. Bankr. P. 3011, Fed. R. Bankr. P. 3014, Fed. R. Bankr. P. 3016, Fed. R. Bankr. P. 3017.1, Fed. R. Bankr. P. 3017.2, Fed. R. Bankr. P. 3018, Fed. R. Bankr. P. 3019, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 8023, Federal Rules of Civil Procedure, Fed. R. Civil P. 7.1, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16 April 11, 2022
Mandatory Initial Discovery Pilot Project Model Standing Order

Beginning as early as May 1, 2017, some district courts are participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery reduces the cost and delay of civil litigation. In this pilot project, when making mandatory initial discovery responses parties are required to disclose both favorable and unfavorable information that is relevant to their claims or defenses regardless of whether they intend to use the information in their cases.

Participating district courts have adopted a Standing Order explaining the parties’ obligations under the pilot project and setting forth the initial discovery requests to which the parties must respond. All civil cases, except those categories of cases exempted by the Standing Order, are included in the pilot program and subject to the Standing Order.

These are some of the key requirements under the Standing Order:

  • At the Rule 26(f) conference, parties must discuss the mandatory initial discovery listed in the Standing Order and describe their discussions (including limitations invoked and disputes) in their Rule 26(f) report.
  • Parties must provide the requested information as to facts that are relevant to the parties’ claims and defenses, whether favorable or unfavorable, and regardless of whether they intend to use the information in presenting their claims and defenses. 
  • Parties must file answers, counterclaims, cross-claims, and replies within the time set forth in Rule 12(a)(1)–(3), even if they have filed or intend to file a motion to dismiss or other preliminary motion. 
  • Parties must serve their initial discovery responses by the deadlines described in the Standing Order unless modified by the court.
  • Parties must address certain issues relating to electronically stored information (ESI) and produce ESI by the deadline set in the Standing Order.
  • Pilot judges should hold initial case-management conferences within the time set in Rule 16(b)(2) and discuss the parties’ compliance with the mandatory discovery obligations.

 
Currently there are two courts participating in this pilot project:

 
A Federal Judicial Center website displays additional information about the Mandatory Initial Discovery Pilot Project.

 Federal Rules of Practice and Procedure, Federal Rules of Civil Procedure November 15, 2021
Amendments to the Federal Rules of Practice and Procedure 2022—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 18, 2021, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.

This contains proposed amendments to Federal Rules of Appellate Procedure 25 and 42; proposed amendments to Federal Rules of Bankruptcy Procedure 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3018, 3019, 5005, 7004, and 8023 and new rule 3017.2; proposed amendments to Federal Rule of Civil Procedure 7.1; adoption of new Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g); and proposed amendments to Federal Rule of Criminal Procedure 16.

Additional information about these amendments is available at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 25, Fed. R. App. P. 42, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 1020, Fed. R. Bankr. P. 2009, Fed. R. Bankr. P. 2012, Fed. R. Bankr. P. 2015, Fed. R. Bankr. P. 3002, Fed. R. Bankr. P. 3010, Fed. R. Bankr. P. 3011, Fed. R. Bankr. P. 3014, Fed. R. Bankr. P. 3016, Fed. R. Bankr. P. 3017.1, Fed. R. Bankr. P. 3017.2, Fed. R. Bankr. P. 3018, Fed. R. Bankr. P. 3019, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 8023, Federal Rules of Civil Procedure, Fed. R. Civil P. 7.1, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16 October 18, 2021
Amendments to the Federal Rules of Practice and Procedure 2022—Transmittal to the Judicial Conference

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.

  • Amendments to Federal Rules of Appellate Procedure 25 and 42
  • Amendments to Federal Rules of Bankruptcy Procedure 1007, 1020, 2009, 2012, 2015, 3002, 3010, 3011, 3014, 3016, 3017.1, 3018, 3019, 5005, 7004, and 8023; new rule 3017.2; and amendments to form 122B to become effective December 1, 2021
  • Adoption of new Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g)
  • Amendments to Federal Rule of Criminal Procedure 16

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 25, Fed. R. App. P. 42, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 1007, Fed. R. Bankr. P. 1020, Fed. R. Bankr. P. 2009, Fed. R. Bankr. P. 2012, Fed. R. Bankr. P. 2015, Fed. R. Bankr. P. 3002, Fed. R. Bankr. P. 3010, Fed. R. Bankr. P. 3011, Fed. R. Bankr. P. 3014, Fed. R. Bankr. P. 3016, Fed. R. Bankr. P. 3017.1, Fed. R. Bankr. P. 3017.2, Fed. R. Bankr. P. 3018, Fed. R. Bankr. P. 3019, Fed. R. Bankr. P. 5005, Fed. R. Bankr. P. 7004, Fed. R. Bankr. P. 8023, Federal Rules of Criminal Procedure, Fed. R. Crim. P. 16 September 1, 2021
Amendments to the Federal Rules of Practice and Procedure 2021—Transmittal to Congress

This package of materials was transmitted to Congress on April 14, 2021, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2021.

Amendments to the Federal Rules of Practice and Procedure are as follows:

  • Amendments to Federal Rules of Appellate Procedure 3 and 6, and Forms 1 and 2.
  • Amendments to Federal Rules of Bankruptcy Procedure 2005, 3007, 7007.1, and 9036.

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 3, Fed. R. App. P. 6, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2005, Fed. R. Bankr. P. 3007, Fed. R. Bankr. P. 7007.1, Fed. R. Bankr. P. 9036 April 19, 2021
Amendments to the Federal Rules of Practice and Procedure 2021—Transmittal to the Supreme Court

This package of materials was transmitted to the U.S. Supreme Court on October 20, 2020, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2021.

This contains proposed amendments to Federal Rules of Appellate Procedure 3 and 6, and Forms 1 and 2, and Federal Rules of Bankruptcy Procedure 2005, 3007, 7007.1, and 9036.

Additional information about these amendments is available at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 3, Fed. R. App. P. 6, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2005, Fed. R. Bankr. P. 3007, Fed. R. Bankr. P. 7007.1, Fed. R. Bankr. P. 9036, Federal Rules of Civil Procedure, Fed. R. Civil P. 7.1 October 20, 2020
Amendments to the Federal Rules of Practice and Procedure 2021—Transmittal to the Judicial Conference

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2021.

  • Amendments to Federal Rules of Appellate Procedure 3 and 6 and Forms 1 and 2
  • Amendments to Federal Rules of Bankruptcy Procedure 2005, 3007, 7007.1, and 9036

Additional information about these amendments is available on the Federal Judicial Center’s website at Amendments to the Federal Rules of Practice and Procedure (webpage).

Information about rules amendments and the rule-making process is available on uscourts.gov at United States Courts Rules & Policies.

 Federal Rules of Practice and Procedure, Federal Rules of Appellate Procedure, Fed. R. App. P. 3, Fed. R. App. P. 6, Federal Rules of Bankruptcy Procedure, Fed. R. Bankr. P. 2005, Fed. R. Bankr. P. 3007, Fed. R. Bankr. P. 7007.1, Fed. R. Bankr. P. 9036 September 15, 2020
How Rules of Procedure Are Developed and Revised in the U.S. Courts

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.

 Federal Rules of Practice and Procedure June 26, 2020

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