The Federal Rules of Criminal Procedure
are the procedural rules
that govern how federal criminal
prosecutions are conducted in United States district courts
, the general trial courts
of the U.S. government
. As such, they are the companion to the Federal Rules of Civil Procedure
. The admissibility and use of evidence
in criminal proceedings (as well as civil) is governed by the separate Federal Rules of Evidence
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 Rules Enabling Act was codified at 28 U.S.C.
§§ 2072, 2074. 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... Read More