The U.S. Congress passed a law authorizing the Supreme Court of the United States to adopt rules of practice and procedure for federal court proceedings. Congress also created a body called the Judicial Conference of the United States to administer the federal courts. The Judicial Conference has authority to make recommendations to the Supreme Court for amendments or changes to the rules. Proposed amendments are published, and the general public is allowed to comment on the proposals. The Judicial Conference then submits final recommendations to the Supreme Court. By law, any rules or amendments adopted by the Supreme Court are subject to Congressional review. If Congress fails to take action on the rules within seven months, the rules or amendments automatically become law.

Adoption of Federal Rules of Criminal Procedure

The Federal Rules of Criminal Procedure first took effect in 1946. They govern the practice and procedure in all criminal proceedings in the federal court system. The goal of the rules is to assure the just determination of all criminal proceedings. The rules specify that they are to be interpreted to afford simplicity in procedure and fairness in administration. The rules are intended to prevent unnecessary delay and expense. The Federal Rules of Criminal Procedure have been amended several times.

Procedural Rules Must Be Nonsubstantive

Rules of procedure may not reduce, enlarge, or modify any substantive right. A rule of procedure that amends or expands a substantive right is considered void.

Provisions of the Federal Rules of Criminal Procedure

The Federal Rules of Criminal Procedure cover preliminary proceedings in criminal matters, including the filing of criminal complaints, the issuance of arrest warrants, and the initial appearances before the magistrate judge. The rules also deal with indictments by the grand jury and arraignments, pleas, defenses, and pretrial discovery. The Federal Rules of Criminal Procedures specify where the trial should take place and provide for transfer of the case in certain circumstances. The rules also regulate the proceedings at trial and at sentencing. Post-trial motions, such as a motion for a new trial, and a motion to correct or reduce the sentence, are allowed after judgment.

Local Procedural Rules

Local federal courts have authority to adopt procedural rules that regulate their own criminal proceedings. However, any local court rule must be consistent with the Federal Rules of Criminal Procedure.

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