FRCP

The Federal Rules of Civil Procedure (FRCP) are the rules governing the process of civil actions in United States district courts. They regulate the stages from filing a complaint and serving process to discovery, motions, trial, and judgment. The FRCP apply only to civil actions in federal courts and do not govern criminal prosecutions; other areas such as bankruptcy and admiralty have separate procedural rules.

Origin and authority: The FRCP were adopted by the United States Supreme Court under the authority of the Rules Enabling Act of 1934. They took effect in 1938 and have been amended periodically. The Act requires that the rules not abridge, enlarge, or modify substantive rights. Amendments typically follow a formal process involving the Supreme Court, the Judicial Conference, and eventual congressional action to render them binding law.

Contents and scope: The rules address pleadings (including Rule 8 and Rule 7, and alternatives for defenses under Rule 12), service of process (Rule 4), joinder and parties (Rules 18–26), and jurisdiction. They provide governing guidelines for discovery (Rules 26–37), including disclosures and scope of discovery, as well as pretrial practice. The rules also cover dispositive motions and summary judgment (Rule 56), as well as trial procedures, including jury trials (Rules 38 and 39) and post-trial remedies and judgments (Rules 50, 58, 59).

Relation to other law: The FRCP interact with the Federal Rules of Evidence and other federal procedural standards. In diversity cases, federal procedural rules govern in federal courts, while substantive law is determined by state law under the Erie doctrine, ensuring a separation between procedural and substantive matters.

Impact: The FRCP shape litigation strategy by guiding pleadings, discovery, and manner of trial, and they are routinely updated to reflect changes in practice and technology.