Federal Rules of Criminal Procedure - Drafting and Enactment

Drafting and Enactment

The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year.

Congress also retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. It has rarely rejected the Court's proposed amendments, though it has frequently passed its own.

The rules the Supreme Court adopts and transmits are initially drafted by a standing Advisory Committee of the Judicial Conference of the United States, which consists of appointed judges, U.S. Department of Justice representatives, practicing lawyers, and legal scholars. After public comment, the draft rules are submitted to the Standing Committee on Rules of Practice and Procedure, which in turn submits them to the Judicial Conference, which finally recommends them to the Supreme Court for approval. The explanatory notes of the drafting Advisory Committee are published along with the final adopted rules, and are frequently used as an authority on their interpretation.