I. Introduction

Court rules prescribe procedures for practice in the courts. They dictate such matters as how to file a law suit, what evidence is admissible at trial, and what are grounds for appeal. There are rules of general applicability, which apply in all of the federal courts at a given level (e.g., the Federal Rules of Civil Procedure apply in all U.S. District Courts; the Federal Rules of Appellate Procedure apply in all U.S. Circuit Courts of Appeal), and local rules that apply only in the individual courts which have adopted them (e.g., the Local Rules of the U.S. District Court for the District of Maryland). There are also separate rules for courts with special jurisdiction, such as military courts, the United States Tax Court, and the United States Court of International Trade.

This guide begins by describing the most important sources for finding federal court rules. Sources of the rules applicable in courts of the regular federal court hierarchy (Supreme Court, Circuit Courts of Appeal, and U.S. District Courts) are described first, followed by sources of federal local court rules, then sources of rules for courts of special jurisdiction. After the sources of the rule themselves, the guide describes materials that help in the interpretation of those rules (i.e., legislative history, cases, secondary sources). Finally, the guide suggests some sources for federal procedural forms.

For a quick guide to locating the text of federal court rules (without detailed descriptions of the sources, and without information on secondary sources, forms, or case law) see the Library's Research Guide "Federal Court Rules Chart". For information on researching state court rules, see the Library's State Research Guides.

II. WHERE TO FIND THE RULES OF THE U.S. SUPREME COURT

a. Free Web: Supreme Court home page

Rules of the Supreme Court of the United States. Provides the text of the rules with a subject index. Unannotated.

b. West's Federal Civil Judicial Procedure and Rules.

Provides the unannotated text of the rules. A single index provides subject access to all of the rule sets (e.g., Supreme Court Rules, Federal Rules of Civil Procedure) in the volume.

i. Current: KF8816 .A194

ii. Historic back to 1985: KF8816 .A194

iii. Historic from 1977 to 1983: KF8816 .A193

c. Title 28, Appendix of the United States Code, U.S. G.P.O.

Located at the end of the volume containing Title 28. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

d. Title 28 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 28 volumes of U.S.C.A. Provides the text of rules, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. An index to the Rules of the Supreme Court appears right at the end of those rules in the volume containing them, the Rules of the U.S. Court of Federal Claims, and the Rules of the U.S. Court of International Trade.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

e. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Rules of the Supreme Court appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

f. Westlaw: US-RULES.

This database includes court rules from many federal courts. However, you can limit your search to the Supreme Court Rules by doing a terms and connectors search that includes the following field restriction: ci(,s ct ruleŠ). Contains the same annotations found in United States Code Annotated.

g. Lexis: USCS - Rules of the Supreme Court of the United States.

Contains the same annotations found in United States Code Service.

h. Rules of the Supreme Court of the United States [KF9056 .A19 Micro].

Provides historic rules only (1790-1984).

III. WHERE TO FIND THE FEDERAL RULES OF APPELLATE PROCEDURE

The Federal Rules of Appellate Procedure are rules of general applicability that apply in all United States Courts of Appeal. Each U.S. Court of Appeal also has its own local rules and internal operating procedures (IOPs). For information on locating U.S. Courts of Appeals local rules and IOPs, please see the section on Federal Local Court Rules, below.

a. Free Web: The Legal Information Institute's Federal Rules of Appellate Procedure.

Provides the text of the rules and advisory committee notes, but no case annotations.

b. West's Federal Civil Judicial Procedure and Rules.

Provides the text of the rules and advisory committee notes, but does not provide case annotations. A single index provides subject access to all of the rule sets (e.g., Federal Rules of Appellate Procedure, Federal Rules of Civil Procedure) in the volume.

i. Current:, KF8816 .A194

ii. Historic back to 1985: KF8816 .A194

iii. Historic from 1977 to 1983: KF8816 .A193

c. Title 28, Appendix of the United States Code, U.S. G.P.O.

Located at the end of the volume containing Title 28. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

d. Title 28 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 28 volumes of U.S.C.A. Provides the text of rules, advisory committee notes, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. An index to the Federal Rules of Appellate Procedure appears at the end of the volume containing those rules.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

e. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, advisory committee notes, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Federal Rules of Appellate Procedure appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

f. Westlaw: US-RULES.

This database includes court rules from many federal courts. However, you can limit your search to the Federal Rules of Appellate Procedure by doing a terms and connectors search that includes the following field restriction: ci(frap). Contains the same annotations found in United States Code Annotated.

g. Lexis: USCS - Federal Rules of Appellate Procedure.

Contains the same annotations found in United States Code Service.

IV. WHERE TO FIND THE FEDERAL RULES OF CIVIL PROCEDURE

The Federal Rules of Civil Procedure apply in most civil actions heard in all United States District Courts. (Special rules apply in admiralty and bankruptcy cases. See the appropriate sections below: admiralty; bankruptcy.) Each U.S. District Court also has its own local rules, which supplement the Federal Rules of Civil Procedure. For information on locating local rules of the U.S. District Courts, please see the section on Federal Local Court Rules, below.

a. Free Web: The Legal Information Institute's Federal Rules of Civil Procedure.

Provides the text of the rules and advisory committee notes, but no case annotations.

b. West‰s Federal Civil Judicial Procedure and Rules.

Provides the text of the rules and advisory committee notes, but does not provide case annotations. A single index provides subject access to all of the rule sets (e.g., Supreme Court Rules, Federal Rules of Civil Procedure) in the volume.

i. Current: KF8816 .A194

ii. Historic back to 1985: KF8816 .A194

iii. Historic from 1977 to 1983: KF8816 .A193

c. Title 28, Appendix of the United States Code, U.S. G.P.O.

Located at the end of the volume containing Title 28. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2

ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

d. Title 28 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 28 volumes of U.S.C.A. Provides the text of rules, advisory committee notes, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. An index to the Federal Rules of Civil Procedure appears at the end of in the last volume containing those rules.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

e. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, advisory committee notes, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Federal Rules of Civil Procedure appears at the end of in the last volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

f. Westlaw: US-RULES.

This database includes court rules from many federal courts. However, you can limit your search to the Federal Rules of Civil Procedure by doing a terms and connectors search that includes the following field restriction: ci(frcp). Contains the same annotations found in United States Code Annotated.

g. Lexis: USCS - Federal Rules of Civil Procedure.

Contains the same annotations found in United States Code Service.

V. WHERE TO FIND THE FEDERAL RULES OF CRIMINAL PROCEDURE

The Federal Rules of Criminal Procedure are rules of general applicability that apply in criminal matters heard in all United States District Courts. Each U.S. District Court also has its own local rules, which supplement the Federal Rules of Criminal Procedure. For information on locating local rules of the U.S. District Courts, please see the section on Federal Local Court Rules, below.

a. Free Web: The Legal Information Institute's Federal Rules of Criminal Procedure.

Provides the text of the rules and advisory committee notes, but no case annotations.

b. Title 18, Appendix of the United States Code, U.S. G.P.O.

Located at the end of the last volume containing portions of Title 18. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

c. Title 18 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 18 volumes of U.S.C.A. Provides the text of rules, advisory committee notes, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. The Federal Rules of Criminal Procedure are indexed in the United States Code Annotated‰s subject index under the main heading ,Rules of Criminal Procedure.Š

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

d. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, advisory committee notes, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

e. Westlaw: FCJ-RULES

In addition to the Federal Rules of Criminal Procedure, this database also contains the Rules for the Trial of Misdemeanors before U.S. Magistrates, Rules of Habeas Corpus applications under 28 U.S.C. s 2254, and Rules of Habeas Corpus motions under 28 U.S.C. s 2255. To limit your search to the Federal Rules of Criminal Procedure, do a terms and connectors search and apply the following field limitation: ci(cr). Contains the same annotations found in United States Code Annotated.

f. Lexis: USCS - Federal Rules of Criminal Procedure.

Contains the same annotations found in United States Code Service.

VI. WHERE TO FIND THE FEDERAL RULES OF EVIDENCE

a. Free Web: The Legal Information Institute's Federal Rules of Evidence.

Provides the text of the rules and advisory committee notes, but no case annotations.

b. West‰s Federal Civil Judicial Procedure and Rules.

Provides the text of the rules and advisory committee notes, but does not provide case annotations. A single index provides subject access to all of the rule sets (e.g., Federal Rules of Evidence, Federal Rules of Civil Procedure) in the volume.

i. Current: KF8816 .A194

ii. Historic back to 1985: KF8816 .A194

iii. Historic from 1977 to 1983: KF8816 .A193

c. Title 28, Appendix of the United States Code, U.S. G.P.O.

Located at the end of the last volume containing portions of Title 28. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2

d. Title 28 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 28 volumes of U.S.C.A. Provides the text of rules, advisory committee notes, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. An index to the Federal Rules of Evidence appears at the end of in the last volume containing those rules.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

e. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, advisory committee notes, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Federal Rules of Evidence appears at the end of in the last volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

f. Westlaw: US-RULES.

This database includes court rules from many federal courts. However, you can limit your search to the Federal Rules of Evidence by doing a terms and connectors search that includes the following field restriction: ci(fre). Contains the same annotations found in United States Code Annotated.

g. Lexis: USCS - Federal Rules of Evidence.

Contains the same annotations found in United States Code Service.

VII. WHERE TO FIND FEDERAL LOCAL COURT RULES

Local rules and internal operating procedures apply only in the individual courts which have adopted them. In the U.S. District Courts local rules supplement, rather than replace, the rules of general applicability. The U.S. Circuit Courts of Appeal sometimes replace specific Federal Rules of Appellate Procedure with their own local variants.

a. Local Rules of the U.S. District Courts

i. Current:

• Free Web: Most, but not all, U.S. District Courts provide their current local rules on the web. For links to the Web sites of each court, consult the U.S. Courts home page.
• Print: Federal Local Court Rules (3d ed. 2001- 2009; now canceled). [KF8820 .A2 2001.] Volumes 1 through 6 of this set contain local rules of the federal district courts, but not the federal bankruptcy courts, organized in alphabetical order first by state and then by District Court within each state. The set provides few annotations and no indexes to the rules. However, at the beginning of each court‰s rules there is a detailed ,Table of RulesŠ which substitutes for an index.
• Westlaw: Local rules of the federal district courts and bankruptcy courts are included in the same databases that provide the text of state court rules. For example, the database MD-RULES provides the text of rules from Maryland state courts, but also the rules of the United States District Court for the District of Maryland. To navigate to the correct database for your state, enter the state‰s two-letter postal abbreviation followed by "-RULES" in the ,Search these databasesŠ box on Westlaw‰s Directory screen. The RULES-ALL database contains the combined content of all the individual state and federal rules databases.
• Lexis: Browse for your state from Legal > Federal Legal - U.S. > Find Statutes, Regulations, Administrative Materials & Court Rules > Court Rules > Individual Federal Trial Local Court Rules.. Includes both district and bankruptcy courts.

ii. Historic:

• Federal Local Court Rules (2d ed. 1995-2001). [KF8820 .A2 1995.]
• Federal Local Court Rules (1st ed. 1964-1995). [Not available in the Georgetown Law Library, but is available at the Library of Congress.]

b. Local Rules and Internal Operating Procedures of U.S. Courts of Appeals

i. Current:

• Free Web: Most, but not all, U.S. Courts of Appeals provide their current local rules and internal operating procedures on the web. For links to the web sites of each court, consult the U.S. Courts home page.
  
• Print: Federal Local Court Rules (3d ed. 2001-; now canceled). [KF8820 .A2 2001.]
  Volume 7 of this set contains local rules and internal operating procedures (IOPs) of the U.S. Courts of Appeals, organized in numeric order by circuit except that the rules of the Federal Circuit Court of Appeals appear at the beginning. The set provides few annotations and no indexes to the rules. However, at the beginning of each court‰s rules there is a detailed ,Table of RulesŠ which substitutes for an index.
• Westlaw: US-RULES. Note: This database includes court rules from many federal courts. However, you can limit your search to the rules of a single U.S. Court of Appeals by doing a terms and connectors search that includes the following field restriction: ci(cta?) [? = the circuit number, or ,fŠ for the Federal Circuit, ,dcŠ for the D.C. Circuit].
• Lexis: Browse for your circuit from Legal > Federal Legal - U.S. > Court Rules > Individual Circuit Rules.

ii. Historic:

• Federal Local Court Rules (2d ed. 1995-2001). [KF8820 .A2 1995.]
• Federal Local Court Rules (1st ed. 1964-1995). [Not available in the Georgetown Law Library, but is available at the Library of Congress.]

VIII. WHERE TO FIND THE SUPPLEMENTAL RULES FOR ADMIRALTY AND MARITIME CLAIMS

When admiralty and maritime cases are heard in the U.S. District Courts, the proceedings are governed by the Federal Rules of Civil Procedure as supplemented by the Supplemental Rules for Admiralty and Maritime Claims. Local rules may also apply.

a. Free Web: The Legal Information Institute's Supplemental Rules for Admiralty and Maritime Claims.

Provides the text of the rules and advisory committee notes, but no case annotations.

b. West‰s Federal Civil Judicial Procedure and Rules.

Provides the text of the rules and advisory committee notes, but does not provide case annotations. A single index provides subject access to all of the rule sets (e.g., Supreme Court Rules, Federal Rules of Civil Procedure) in the volume.

i. Current: KF8816 .A194
ii. Historic back to 1985: KF8816 .A194
iii. Historic from 1977 to 1983: KF8816 .A193

c. Title 28, Appendix of the United States Code, U.S. G.P.O.

Located at the end of the Federal Rules of Civil Procedure at the end of the last volume containing portions of Title 28. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

d. Title 28 Rules volumes of the United States Code Annotated, West Publishing Co.

Located at the end of the Federal Rules of Civil Procedure, after the Title 28 volumes of U.S.C.A. Provides the text of rules, advisory committee notes, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. An index to the Federal Rules of Civil Procedure (including the admiralty rules) appears at the end of in the last volume containing those rules.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

e. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located with the Federal Rules of Civil Procedure after the Title 50 volumes of U.S.C.S. Provides the text of the rules, advisory committee notes, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Federal Rules of Civil Procedure (including the admiralty rules) appears at the end of in the last volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

f. Westlaw: FMRT-RULES

Contains the same annotations found in United States Code Annotated.

g. Lexis: USCS - Supplemental Rules for Admiralty and Maritime Claims

Contains the same annotations found in United States Code Service.

IX. WHERE TO FIND THE FEDERAL RULES OF BANKRUPTCY PROCEDURE

a. Free Web: The Legal Information Institute's Federal Rules of Bankruptcy Procedure.

Provides the text of the rules and advisory committee notes, but no case annotations.

b. Title 11, Appendix of the United States Code, U.S. G.P.O.

Located at the end of Title 11. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

c. Title 11 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 11 volumes of U.S.C.A. Provides the text of rules, advisory committee notes, case annotations, and cross references to law review articles, West‰s Legal Forms, Norton Bankruptcy Law and Practice, and other secondary sources. An index to the Rules of Bankruptcy Procedure appears at the end of the last volume containing those rules.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

d. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, advisory committee notes, case annotations, and cross references to law review articles, Collier on Bankruptcy, Moore‰s Federal Practice, and other secondary sources. An index to the Rules of Bankruptcy Procedure appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

e. Westlaw: FBKR-RULES

Contains the same annotations found in United States Code Annotated.

f. Lexis: USCS - Bankruptcy Rules and Official Bankruptcy Rules and Official Bankruptcy Forms

Contains the same annotations found in United States Code Service.

X. WHERE TO FIND THE RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

The Court of Federal Claims is a trial court that hears cases involving non-tort monetary claims against the federal government. There is no right to a jury trial in the U.S.Court of Federal Claims. The rules of the Court of Federal Claims have been adapted from the Federal Rules of Civil Procedure, and substitute for those rules in cases heard by the Court of Federal Claims.

a. Free Web: U.S. Court of Federal Claims home page, Rules and Forms.

Provides the text of the rules and advisory committee notes, but no case annotations.

b. Title 28, Appendix of the United States Code, U.S. G.P.O.

Located at the end of Title 28. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

c. Title 28 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 28 volumes of U.S.C.A. Provides the text of rules, advisory committee notes, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. An index to the Rules of the United States Court of Federal Claims appears right at the end of those rules in the volume containing them, the Rules of the U.S. Court of International Trade, and the Rules of the U.S. Supreme Court.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

d. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, advisory committee notes, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Rules of the U.S. Court of Federal Claims appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

e. Westlaw: US-RULES

This database includes court rules from many federal courts. However, you can limit your search to the Rules of the United States Court of Federal Claims by doing a terms and connectors search that includes the following field restriction: ci(fcl). Contains the same annotations found in United States Code Annotated.

f. Lexis: USCS - Federal Rules Annotated

Contains the same annotations found in United States Code Service.

XI. WHERE TO FIND THE RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE

The geographical jurisdiction of the United States Court of International Trade extends throughout the United States. The Court hears cases dealing with the customs laws and federal international trade laws. The Court's rules are adapted from the Federal Rules of Civil Procedure, and replace those rules in cases heard by the Court of International Trade.

a. Free Web: U.S. Court of International Trade home page, Rules and Forms.

Provides the text of the rules with, practice comments. Practice comments explain the application of the rules and sometimes include citations to relevant case law.

b. Title 28, Appendix of the United States Code, U.S. G.P.O.

Located at the end Title 28. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Circulation Desk

c. Title 28 Rules volumes of the United States Code Annotated, West Publishing Co.

Located after the Title 28 volumes of U.S.C.A. Provides the text of rules, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources. An index to the Rules of the United States Court of International Trade appears right at the end of those rules in the volume containing them, the Rules of the U.S. Court of Federal Claims, and the Rules of the U.S. Supreme Court.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

d. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Rules of the U.S. Court of International Trade appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

e. Westlaw: FINT-RULES

Contains the same annotations found in United States Code Annotated.

f. Lexis: USCS - Federal Rules Annotated

This database contains all federal court rules except the local rules, but you can limit your search to just the Rules of the United States Court of International Trade by checking the box to the left of the title of those rules in the table of contents that appears under the database‰s search box. Contains the same annotations found in United States Code Service.

XII. WHERE TO FIND THE RULES OF THE UNITED STATES TAX COURT

The U.S. Tax Court is a specialized court that hears only federal tax cases at the trial level. There are no jury trials in U.S. Tax Court. The Court's rules are adapted from the Federal Rules of Civil Procedure, and replace those rules in cases heard by the U.S. Tax Court.

a. Free Web: United States Tax Court home page, Rules of Practice and Procedure.

Provides the unannotated text of the rules in PDF.

b. Title 26, Appendix of the United States Code, U.S. G.P.O.

Located at the end of Title 26. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2.
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

c. Title 26 of the United States Code Annotated, West Publishing Co.

Located in the last volume of Title 26 volumes of U.S.C.A., following 26 U.S.C.A. § 7453. Provides the text of rules, case annotations, and cross references to law review articles, West‰s Legal Forms, West‰s Federal Practice Manual, Wright and Miller‰s Federal Practice and Procedure, and other secondary sources.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

d. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, case annotations, and cross references to law review articles, American Jurisprudence Trials, American Jurisprudence Pleading and Practice Forms, Moore‰s Federal Practice, and other secondary sources. An index to the Rules of the U.S. Tax Court appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

e. Westlaw: FTX-RULES

Contains the same annotations found in United States Code Annotated.

f. Lexis: USCS - Federal Rules Annotated

Contains the same annotations found in United States Code Service.

XIII. WHERE TO FIND THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

The U.S. Court of Appeals for the Armed Forces hears appeals from all four (Air Force, Army, Coast Guard, Navy) Courts of Criminal Appeals. The decisions of this court may be appealed to the U.S. Supreme Court by writ of certiorari.

a. Free Web: U.S. Court of Appeals for the Armed Forces home page, Rules of Practice and Procedure

b. Title 10, Appendix of the United States Code, U.S. G.P.O.

Located at the end of Title 10. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2

ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

c. Title 10, United States Code Annotated, West Publishing Co.

Located in the Title 10 volumes of U.S.C.A., following 10 U.S.C.A. § 866. Provides the text of rules, case annotations, and cross references to law review articles, West‰s Legal Forms, Federal Procedural Forms, and other secondary sources.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

d. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. Provides the text of the rules, case annotations, and cross references to Federal Procedure Lawyers Edition and other secondary sources. An index to the Rules of the U.S. Court of Appeals for the Armed Forces appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

e. Westlaw: US-RULES

This database includes court rules from many federal courts. However, you can limit your search to the rules of the Court of Appeals for the Armed Forces by doing a terms and connectors search that includes the following field restriction: ci(caaf). Contains annotations as well as the text of the rules.

f. Lexis: USCS - Federal Rules Annotated

Limit your search to rules of the Court of Appeals for the Armed Forces using the table of contents below the search box.

XIV. WHERE TO FIND THE RULES OF THE UNITED STATES COURTS OF [MILITARY] CRIMINAL APPEALS

Appeals from courts-martial may currently be made to the Courts of Criminal Appeals. There are a total of four such courts, one for each branch of the military: Army, Air Force, Navy, and Coast Guard. All four sit in Washington, D.C. They follow the same basic procedural rules, with perhaps some minor variations.

a. Title 10, Appendix of the United States Code, U.S. G.P.O.

Located at the end of Title 10. Provides the text of the rules and advisory committee notes, but does not provide case annotations. This is an official source of federal court rules, however, it tends to be at least two or three years out of date.

i. Current: KF62 2006 .A2
ii. Historic back to 1934: Located in Historic Core; ask at the Williams Circulation Desk

b. Title 10, United States Code Annotated, West Publishing Co.

Located in the Title 10 volumes of U.S.C.A., following 10 U.S.C.A. § 866. Provides the text of rules, case annotations, and cross references to law review articles, West‰s Legal Forms, Federal Procedural Forms, and other secondary sources.

i. Current: KF62 1927.A3
ii. Historic back to 1960: Located in Historic Core; ask at the Williams Circulation Desk

c. Court Rules volumes of the United States Code Service, Lexis Publishing.

Located after the Title 50 volumes of U.S.C.S. An index to the Rules of the [Military] Court of Criminal Appeals appears at the end of the volume containing those rules.

i. Current: KF62 1972.U5
ii. Historic back to 1978: Located in Historic Core; ask at the Williams Circulation Desk

d. Westlaw: US-RULES

This database includes court rules from many federal courts. However, you can limit your search to the rules of the Court of Appeals for the Armed Forces by doing a terms and connectors search that includes the following field restriction: ci(ct.crim.app.). Contains annotations as well as the text of the rules.

e. Lexis: USCS - Federal Rules Annotated

Limit your search to rules of the Courts of Criminal Appeals using the table of contents below the search box.

XV. WHERE TO FIND THE RULES FOR COURTS-MARTIAL AND THE MILITARY RULES OF EVIDENCE

Criminal cases against members of the U.S. armed services are tried by courts-martial. Both the Rules for Courts-Martial and the Military Rules of Evidence are available in a text called the Manual for Courts-Martial. The Manual is available at the following locations:

a. Free Web: Army home page, Manual for Courts-Martial.

Note: This is the most current edition available, issued in 2008.

b. Print: KF7625 .A852

Library has 1998, 2000, 2002, 2005, and 2008 editions.

c. Westlaw: FMIL-MCM

d. Lexis: 2008 Manual for Courts-Martial

XVI. WHERE TO FIND THE LEGISLATIVE HISTORY OF FEDERAL COURT RULES

Just as reviewing the legislative history of a statute can aid in statutory interpretation, reviewing the legislative history of a court rule can help you interpret the rule. To help you understand the documents you will find in researching a court rule‰s legislative history, this section first describes how court rules are made, then tells you where you can find the documents produced in the process.

a. How Federal Court Rules Are Made

The federal court rulemaking process is described in ,The Rulemaking Process: A Summary for the Bench and BarŠ (October 2007).

i. Authority

The statutory authority for making federal court rules is the Rules Enabling Act, 28 U.S.C. §§ 2071-2077.

The Supreme Court derives the authority to create federal court rules of general applicability from 28 U.S.C. §§ 2072 & 2075, and exercises this authority in cooperation with the Judicial Conference of the United States. The Judicial Conference is statutorily required to ,carry on a continuous study of the operation and effect of the general rules of practice and procedure.Š 28 U.S.C. § 331. As part of this continuing study, the Conference may recommend amendments and additions to the rules to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay.

ii. The Standing Committee and Advisory Committees

The Judicial Conference has a Committee on Rules of Practice and Procedure, commonly referred to as the ,Standing Committee,Š which coordinates the Conference‰s rulemaking activities. There are also five advisory committees on the appellate, bankruptcy, civil, criminal, and evidence rules that make recommendations for rule changes to the Standing Committee. According to the U.S. Courts home page, ,The Standing Committee and the advisory committees are composed of federal judges, practicing lawyers, law professors, state chief justices, and representatives of the Department of Justice. Each committee has a reporter, a prominent law professor, who is responsible for coordinating the committee‰s agenda and drafting appropriate amendments to the rules and explanatory committee notes.Š

Information related to current rule amendment proposals can be found on the U.S. Courts Federal Rulemaking home page.

iii. The Process

• Interested individuals, such as judges, clerks of court, lawyers, professors, government agencies, etc., make suggestions for rule changes to the appropriate advisory committee. The advisory committee drafts proposed amendments if it finds that the suggestions have merit.
• Once the advisory committee has decided to recommend a rule amendment and obtained the approval of the Standing Committee, the proposed amendments are published and distributed to the general public, the bench, and the bar for comment. The advisory committee may hold hearings at which interested parties can testify.
• At the end of the public comment period, the advisory committee reconsiders the proposed rule changes in light of the comments and testimony. If the advisory committee decides to substantially revise its proposed amendments, it may initiate another six-month comment period.
• The advisory committee settles on the proposed amendments‰ final form and submits them to the Standing Committee for approval. Each proposed amendment is accompanied by a separate report summarizing the public comments and advisory committee members‰ views on the proposed amendments.
• The Standing Committee may accept, reject, or modify the final recommendations of the advisory committee. If the Standing Committee approves the proposed amendments, it will transmit them to the Judicial Conference with a recommendation for approval, along with the advisory committee‰s reports and the Standing Committee‰s own report explaining any modifications it made. If the Standing Committee makes a substantial modification to the recommendation of the advisory committee, the proposal is returned to the advisory committee with appropriate instructions.
• The Judicial Conference considers proposed rule amendments at its September session each year. Amendments approved by the Conference are transmitted to the Supreme Court.
• The Supreme Court must approve and transmit proposed amendments to Congress by May 1 of the year in which the amendment is to take effect.
• Congress has a statutory period of at least seven months to act on rules approved by the Supreme Court. If Congress does not pass legislation to reject, modify, or defer the rules, they take effect on December 1.

b. Where to Find Documents of the Legislative History of Federal Court Rules

i. U.S. Courts home page

• Rules or amendments currently under consideration
• Meeting minutes of the advisory committees (coverage varies by committee, but overall 1935 -).
• Reports of the advisory committees and Standing Committee (coverage varies by committee, but overall 1937 - ).

ii. Records of the U.S. Judicial Conference: Committees on Rules of Practice and Procedures KF8705 .A87 Micro, cabinet E14

This large compilation of committee documents provides the full text of committee meeting minutes, transcripts, reports, and correspondence from 1935 through 1996. It is accompanied by a set of detailed print indexes that allow the user to find documents by committee, rule topic, or testifying/commenting individual or organization.

iii. Drafting History of the Federal Rules of Criminal Procedure KF9606.515 .A15 1991

For researchers interested in the Federal Rules of Criminal Procedure, this publication provides a reprint of the four-volume Comments, Recommendations, and Suggestions Concerning the Proposed Rules of Criminal Procedure that was used by committee members. It also contains preliminary drafts, Supreme Court memoranda, and the final committee report.

XVII. WHERE TO FIND CASES THAT INTERPRET FEDERAL COURT RULES

a. Use an Annotated Version of the Rules

As noted above, the United States Code Service [Lexis; KF62 1972.U5] and United States Code Annotated [Westlaw; KF62 1927.A3] provide annotated editions of federal court rules. The annotations in these two publications provide summaries of cases that have discussed the meaning of the rules.

b. Shepardize or KeyCite the Rules

Federal court rules can be Shepardized on Lexis or KeyCited on Westlaw. Shepardizing or KeyCiting a court rule will provide you with citations to cases that have construed the rule. Note that it is possible to Shepardize individual subsections of court rules (e.g., Fed. R. Civ. Proc. 4(a)); it is not possible to do this with KeyCite.

If you are uncertain of the correct citation format to use in Shepardizing a court rule, click the ,Citation FormatsŠ link from the Shepard‰s screen.

To find the correct citation format when using KeyCite, click the ,Publications ListŠ link from the KeyCite screen.

c. Consult Secondary Sources Such as Treatises

Treatises and other secondary sources that discuss court rules typically also discuss cases that have interpreted the rules. See XVIII.C., below, for descriptions of major treatises that analyze federal court rules.

d. Specialized Case Reporters & Digests

Most cases that interpret the federal court rules are published the standard federal case reporters. However, a few cases are published only the specialized reporters described below. These specialized reporters also reprint rule-related cases contained in the standard reporters.

i. Federal Rules Decisions (F.R.D.)

This West reporter publishes U.S. District Court cases that interpret the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. Cases reported in F.R.D. are indexed and summarized in West‰s Federal Practice Digest KF127 .F31 1989. They are not reported in the Federal Supplement.

• Print: KF8830 .F5
• Westlaw: FRD

ii. Federal Rules Service KF8830 .F6 and Federal Rules Digest, KF8830.1 .F43 1973

The Federal Rules Service, which is published by West, reports cases from all federal courts that interpret the Federal Rules of Civil and Appellate Procedure. Most of the cases published in the Federal Rules Service are also included in other West reporters, but some are not. The cases included in the Federal Rules Service are indexed and summarized in a companion publication called the Federal Rules Digest, which organizes the case summaries by rule number for easy access. Some cases are edited to cut out portions unrelated to procedural issues, so it is better to rely on other sources when possible.

iii. Federal Rules of Evidence Service KF8935 .F4 and Federal Rules of Evidence Digest KF8935 .F41

The Federal Rules of Evidence Service contains cases from all federal courts that interpret the F.R.E. Some cases are edited to cut out portions unrelated to evidentiary issues, so it is better to rely on other sources when possible. The cases included in the Federal Rules of Evidence Service are indexed and summarized in a companion publication called the Federal Rules of Evidence Digest, which organizes the case summaries by rule number for easy access.

XVIII. WHERE TO FIND COMMENTARY (SECONDARY SOURCES) ABOUT FEDERAL COURT RULES

a. Use an Annotated Version of the Rules

As noted above, the United States Code Service [Lexis; KF62 1972.U5] and United States Code Annotated [Westlaw; KF62 1927.A3] provide annotated editions of federal court rules. The annotations in these two publications provide advisory committee notes and cross references to secondary sources such as treatises, practice guides, and law review articles.

b. Shepardize or KeyCite the Rules

As previously mentioned, federal court rules can be Shepardized on Lexis or KeyCited on Westlaw. Shepardizing or KeyCiting a court rule will provide you with citations to secondary sources that have analyzed the rule, as well as cases that have construed it. Note that it is possible to Shepardize individual subsections of court rules (e.g., Fed. R. Civ. Proc. 4(a)); it is not possible to do this with KeyCite.

• If you are uncertain of the correct citation format to use in Shepardizing a court rule, click the ,Citation FormatsŠ link from the Shepard‰s screen.
• To find the correct citation format when using KeyCite, click the ,Publications ListŠ link from the KeyCite screen.

c. Treatises

There are many treatises that analyze federal courts‰ procedural rules. Below are descriptions of a few of the most authoritative treatises.

i. Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure, 3d ed.

• Print: KF9619 .W7 1998
• Westlaw: FPP (full treatise); FPP-CRIM (criminal procedure volumes only)

Wright and Miller‰s Federal Practice and Procedure (often referred to simply as Wright and Miller) has more than 30 volumes and provides analysis of the Federal Rules of Appellate, Civil, and Criminal Procedure, the Federal Rules of Evidence, and the statutes governing jurisdiction in federal courts. Volumes are updated with pocket parts.

The set is arranged basically in rule number order, although its section numbers do not correspond to rule numbers. For example, §§ 1011-1030 of Wright and Miller discuss F.R.C.P. 1, while §§ 1041-1045 discuss F.R.C.P. 2. (There are no §§ 1031-1044.)

For each rule, Wright and Miller provides the rule text, advisory committee notes, and detailed commentary on the rule. The commentary is well footnoted with references to case law. There is a single subject index covering all volumes and rule sets. The index volume also provides a table that allows the user to look up a rule number and get references to the Wright and Miller section numbers where it is discussed.

ii. Moore‰s Federal Practice, 3d ed.

• Print: KF8820.A313 M63 1997
• Lexis: Moore's Federal Practice

Moore‰s Federal Practice is a 29 volume loose-leaf treatise that analyzes the Federal Rules of Appellate, Civil, and Criminal Procedure, as well as the Rules of the U.S. Supreme Court, local rules of the U.S. Courts of Appeals, and the Supplemental Rules for Admiralty and Maritime Claims. The first part of the set is arranged in Federal Rule of Civil Procedure rule number order, with chapter and section numbers corresponding to actual F.R.C.P rule numbers. Volumes on other sets of court rules are also arranged in rule order, however, the chapter and section numbers do not correspond to the actual rule numbers. For each rule, Moore‰s provides the text of the rule and a detailed explanation of the rule. The explanations are heavily footnoted with extensive references to case law. Each chapter includes a ,Historical AppendixŠ that provides the text of advisory committee notes and shows historical amendments to the rule, with dates.

iii. Weinstein‰s Federal Evidence: Commentary on Rules of Evidence for the United States Courts, 2d ed.

• Print: KF8935 .W39
• Lexis: Weinstein's Federal Evidence

Weinstein‰s Federal Evidence is a six volume loose-leaf treatise that analyzes the Federal Rules of Evidence. The set is arranged in rule number order, and its chapter and section numbers correspond to actual F.R.E. rule numbers. For example, all of the sections in chapter 101 discuss F.R.E. 101. For each rule, Weinstein‰s provides the text of the rule and a detailed explanation of the rule. The explanations are heavily footnoted with extensive references to case law. Each chapter includes a ,Historical AppendixŠ that provides the text of advisory committee notes and shows historical amendments to the rule, with dates. These appendixes also indicate any congressional action taken on the draft rules as they were proposed by the Judicial Conference of the United States. Volume 6 includes a ,Table of State and Military Adaptations of Federal Rules of Evidence,Š which identifies state evidence rules identical or similar to each of the F.R.E.

iv. Orfield‰s Criminal Procedure under the Federal Rules, 2d ed.

• Print: KF9619 .O74 1985

Orfield‰s Criminal Procedure under the Federal Rules consists of seven volumes analyzing the Federal Rules of Criminal Procedure. The set is arranged in rule number order, and its section numbers correspond to the actual rule numbers. For example, §§ 44:1 through 44:27 all discuss F.R.Cr.P. 44. Orfield‰s reprints the text of each rule. It also provides detailed a detailed explanation of each rule, including a narrative of the rule‰s legislative history. The rule explanations include extensive case law citations. Volume 7 contains a subject index and table of cited cases. Volumes are updated with pocket parts.

v. Other Treatises

You can find other books that discuss court procedure by doing a subject search in the library‰s catalog using the following subject headings:

• Appellate Procedure ‹ United States*
• Civil Procedure ‹ United States*
• Court Rules ‹ United States*
• Criminal Procedure ‹ United States*
• Evidence (Law) ‹ United States*

* Substitute a state name for ,United StatesŠ to find materials on state procedure.

XIX. WHERE TO FIND PROCEDURAL FORMS

a. Suggested Sources of Procedural Forms

Many publications provide litigation forms that are patterned to comply with federal court rules. A few of the more popular form books are listed below. Use these forms with caution, however, because court rules may have changed since the forms were written, and local court rules may have altered the rules of general applicability for practice in your specific court. You should always check the text of the rules themselves to be sure that a form complies with them.

i. American Jurisprudence Pleading and Practice Forms

Provides forms intended for use in state as well as federal courts; therefore, the forms in this set may not comply with the federal rules. Forms are arranged by subject rather than court rule. The print set provides a subject index to all volumes.

• Print: KF8836 .A45
• Westlaw: AMJUR-PP

ii. Bender‰s Federal Practice Forms

Provides forms for all federal courts, including the Supreme Court, admiralty courts, bankruptcy courts, U.S. Tax Court, U.S. Court of Claims, and U.S. Court of International Trade. The Lexis database is browsable by table of contents and the forms are arranged by court and rule number, so you can browse for forms related to the relevant rule.

• Lexis: Bender's Federal Practice Forms

iii. Bender‰s Forms of Discovery

Provides sample interrogatories for both plaintiffs and defendants on hundreds of topics.

• Lexis:
  • Bender's Forms of Discovery Interrogatories (Volumes 1 to 10A)
  • Bender's Forms of Discovery Treatise (Volumes 11-16)

iv. Federal Procedural Forms, Lawyers Edition

Arranged by topic, with a subject index to all volumes. In addition to providing procedural forms for use in all federal courts, also provides forms for adversary and rulemaking proceedings of federal administrative agencies.

• Print: KF8717 .F4
• Westlaw: FEDPROF

v. West‰s Federal Forms

Provides forms for all federal courts, including the Supreme Court, admiralty courts, bankruptcy courts, U.S. Tax Court, U.S. Court of Claims, and U.S. Court of International Trade. The set is arranged by court and rule number, and the Westlaw database is browsable by table of contents, so even online you can browse for forms by rule.

• Print: KF8836 .W4
• Westlaw: FEDFORMS

b. Other Sources of Procedural Forms

i. Search the catalog using the following subject headings:

• Appellate procedure ‹ United States - forms*
• Civil procedure ‹ United States ‹ forms*
• Criminal procedure ‹ United States ‹ forms*

*Substitute a state name for ,United StatesŠ to find materials on state procedure.

ii. Browse the Westlaw Directory under All Databases > Litigation > Forms
iii. Browse the Lexis Directory under Legal > Area of Law - By Topic > Litigation

c. For More Information

For more information on locating legal forms, see the library's research guide, "Finding Legal Forms".

Created 1/2006 (SB)
Last updated 5/20/2013 (TV)