Privileges

Court rules govern procedures for the conduct of business in the courts. They often concern such matters as time limitations, pleadings allowed, and grounds for appeal. Each jurisdiction has its own procedure for how court rules are promulgated, which is generally some combination of legislative and judicial action.

In general, both federal and state courts are governed by statutory law that establishes the powers and jurisdiction of the courts and some procedural matters. In addition, courts are usually authorized by these statutes to adopt rules that further define procedures and processes of the courts.

In the federal system, the Supreme Court promulgates court rules for itself and the lower federal courts under the authority of 28 U.S.C. § 2072. Rules of general applicability include the Rules of Civil Procedure, Rules of Evidence, and Rules of Appellate Procedure.

1. Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure govern disputes in the Federal District Courts throughout the United States. If you are on appeal in the federal circuit courts, however, the Federal Rules of Appellate Procedure apply.

2. Lower Federal Court Rules

Individual lower federal courts issue their own rules governing local practice. These rules generally concern the operation of the court and often supplement the rules of general application.

For instance, the District Court of Delaware has links to the following documents:

● Standing Orders, such as how the court handles electronic service of process in pro se

cases

● Local Policies, such as the court’s policy on handling of electronic transcripts, and