Rules Enabling Act of 1934

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The Rules Enabling Act of 1934 is the legislative act that granted the Supreme Court of the United States the power to establish rules for federal courts

Congress passed the Rules Enabling Act in 1934, giving the Supreme Court the power to develop rules of civil procedure and rules of evidence specifically for federal courts. While the Supreme Court cannot change any substance of the rights enjoyed by American citizens, they may implement changes if they believe that the changes will allow the courts to make the process of bringing justice more efficient and fair. 

Substantive laws and procedural laws govern the federal civil proceedings as two main authorities. Congress is mainly in charge of substantive law, which concerns the creation of legal rights, and duties to abide by those rights. On the other hand, procedural laws govern the enforcement of the substantive duties and rights created by Congress within our courts. Congress does have the power to oversee the rulemaking process of the Supreme Court.

Specifically, the limitations of the Rules Enabling Act of 1934 state that the new procedure enacted by the Supreme Court may “not abridge, modify, or enlarge any of the substantive right” (See: 28 U.S. Code § 2072(b)). For instance, the Supreme Court cannot implement a rule that would take away the fundamental right to a jury trial for criminal defendants. However, if the Supreme Court decides to implement a new rule that would expedite the court procedures without violating any of the substantive rights, then the Supreme Court may implement that updated rule on trial procedures.

The Rules Enabling Act of 1934 played a crucial role in standardizing the trial procedure in the federal courts and its operations. Before 1934, different courts had their own set of standards and procedures, which confused lawyers, judges, and other parties involved who may have to work in different federal courts.

See: United States Courts, 28 U.S. Code §§ 2071-2077, this UCLA Law Review Article, this Federal Bar Association Article, this University of Pennsylvania Law Review Article.

[Last updated in April of 2024 by the Wex Definitions Team]