The Rules Enabling Act (ch. 651, , ) is an

Act of Congress An act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called Public and private bills, private laws), or to the general public (Public and private bills, public laws). For a Bill (law) ...

that gave the

judicial branch The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

the power to promulgate the

Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...

. Amendments to the Act allowed for the creation of the

Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the F ...

and other procedural

court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...

rules. The creation and revision of rules pursuant to the Rules Enabling Act are usually carried out by the Committee on Rules of Practice and Procedure (known as the "Standing Committee") and its advisory committees, which are part of the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial co ...

, the policymaking body of the

United States federal courts The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the fed ...

. The enactment of the Rules Enabling Act on June 19, 1934, was a revolutionary moment in the history of

civil procedure in the United States Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is ...

. The law repealed the archaic "conformity principle" which had governed actions at law (and only actions at law) in

U.S. federal courts The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...

for over 140 years; namely, the rule that federal courts should conform their procedure in such actions to that of the courts in the state in which they were located. The conformity principle had caused major problems for federal courts that did not actually sit in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, such as the

United States Court for China The United States Court for China was a United States district court that had Extraterritoriality, extraterritorial jurisdiction over United States nationality law, U.S. citizens in Taiwan, China. It existed from 1906 to 1943 and had jurisdiction ...

. While the courts exercised rulemaking powers granted to them under the Act without Congressional intervention for nearly forty years, Congress refused to allow the

Federal Rules of Evidence First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...

to go into effect after their approval by the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

in 1973. The Rules of Evidence were eventually passed, with substantial changes, as

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...

by Congress. Because of Congress's intervention in 1973 and subsequent years, the Act's rulemaking powers granted to the judiciary have been reduced, causing the Act to command less importance in recent years. However, the Act makes it very difficult for litigants to challenge the constitutional validity of the Federal Rules under the

Erie Doctrine The ''Erie'' doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in div ...

References

External links

Current text of the Act as amended
at uscourts.gov
Creating the Federal Rules
at findarticles.com United States federal judiciary legislation 1934 in American law {{US-fed-statute-stub