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1 1 (May 22, 2020)

handle is hein.crs/govdatv0001 and id is 1 raw text is: FF.$ May 22, 2020 Congress, the Judiciary, and Civil and Criminal Procedure Two sets of authorities govern proceedings in federal court: substantive laws create certain legal rights or impose duties, while procedural laws control the way courts enforce those substantive rights or duties. While many are aware of Congress's role in enacting and the courts' role in interpreting substantive laws, casual observers may be less conscious of the procedural rules that apply in federal litigation. Nonetheless, the various procedures governing federal civil and criminal cases are important. Indeed, in some instances, a claim may succeed or fail based on a party's compliance with the required procedures. Congress enjoys ample authority to establish and structure lower federal courts. And, as the Supreme Court has stated, the constitutional provision for a federal court system (augmented by the Necessary and Proper Clause) carries with it congressional power to make rules governing the practice and pleading in those courts. However, recognizing that the courts themselves possess significant expertise in crafting such rules, Congress passed the Rules Enabling Act, codified at Sections 2071-2077 of Title 28 of the U.S. Code. The Rules Enabling Act grants the Supreme Court primary authority for creating and amending federal procedural rules, but also imposes congressional oversight of the rulemaking process. This In Focus summarizes the authorities that govern federal judicial procedure, outlines the rulemaking process under the Rules Enabling Act, and presents related considerations for Congress. Procedural rules govern all aspects of federal litigation, from the initiation of a case, to factual discovery, to briefing and oral argument, to final judgment and any appeal. For instance, procedural rules impose standards for pleadings the parties file, grand jury proceedings and civil and criminal jury trials, and testimony and other evidentiary matters. Procedural rules aim to provide structure to litigation, limit cost and delay, and ensure that all appropriate parties can participate fully and fairly in judicial proceedings. As Federal Rule of Civil Procedure 1 explains, the rules should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. Procedural rules may fall into one of two categories: jurisdictional rules and claim-processing rules. As the Supreme Court has explained, jurisdictional rules strictly limit a court's adjudicatory authority-that is, the power of the court to consider a given case. As an example, time limits to appeal or petition the Supreme Court to hear a case are often interpreted to be jurisdictional. Claim-processing rules, by contrast, seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times. Judges possess substantial discretion to modify claim-processing rules, but may not alter or waive jurisdictional rules. Those rules may only be changed by amending the relevant authority. The Constitution, federal statutes, and procedural rules promulgated under the Rules Enabling Act each control aspects of federal judicial procedure, and multiple sources may govern related matters. For instance, with regard to criminal jury trials, the Sixth Amendment broadly protects the right of a criminal defendant to a jury trial. At the same time, various statutory provisions within Title 28 of the U.S. Code govern matters including juror qualifications and jury selection. Federal Rule of Criminal Procedure 23 imposes additional requirements related to the exact size of a jury and the process by which a defendant can waive the right to a jury trial. The primary rules governing federal court procedures are those promulgated under the Rules Enabling Act. These rules can overlap in scope, so more than one set of rules may apply in a given proceeding. Specifically, the Federal Rules of Civil Procedure govern civil cases in the trial-level federal district courts. The Federal Rules of Criminal Procedure apply to criminal proceedings both in district court and on appeal. The Federal Rules of Appellate Procedure govern proceedings in the U.S. Courts of Appeals, including appeals from the district courts in civil, criminal, and bankruptcy cases; appeals from the Tax Court; and petitions for judicial review of agency action. The Federal Rules of Evidence govern evidentiary matters in all federal courts. Specialized Federal Rules of Bankruptcy Procedure apply in bankruptcy proceedings. The Supreme Court has also adopted specific rules for practice before the high court. The Supreme Court has also recognized that courts have inherent authority to supervise judicial proceedings, as long as the exercise of such authority does not conflict with procedural rules or statutes. Thus, in addition to other procedural laws, many lower federal courts issue their own local rules of procedure. Moreover, individual judges or panels of judges have the authority to establish other procedures. Judges may modify or supplement procedural rules on a case-by-case basis, or may issue standing orders setting procedures that generally apply in their cases. T-h-e u., ek . k-, , A .... ii g. A c. k., Congress enacted the Rules Enabling Act in 1934 to streamline federal judicial procedure. At that time, separate rules governed civil proceedings at law (e.g., claims for money damages) and proceedings in equity (e.g., claims for injunctive relief). Proceedings in equity were subject to the Federal Equity Rules, which applied nationwide. However, under a statute known as the Conformity Act, the .O 'T gognpo goo g , q 'S a X 11LULANJILiN,

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