Federal procedures
How the federal courts work
Federal procedures explained: how the federal courts are organized, which rules govern each kind of case, and where to find your court and its local rules.
94 district courts13 courts of appealsSupreme CourtFederal rules
The system
Three levels of federal courts
The federal judiciary has three main levels. First, the district courts are the trial courts: there are 94 federal judicial districts. Next, the courts of appeals hear appeals: twelve regional circuits plus the Federal Circuit. At the top, the Supreme Court hears a small number of cases it agrees to review.
Federal courts can hear only certain kinds of cases. The two most common are cases arising under federal law (28 U.S.C. § 1331) and cases between citizens of different states where more than $75,000 is in controversy (28 U.S.C. § 1332). Some cases filed in state court can be moved to federal court through removal.
Court role and structure
How the federal judiciary fits together
Article III of the Constitution makes the judiciary one of three separate branches of the federal government. Here is how its courts are organized, according to the Administrative Office of the U.S. Courts.
The Supreme Court
The highest court in the United States. Article III created it and authorized Congress to establish a system of lower federal courts.
13 courts of appeals
Below the Supreme Court sit 13 U.S. courts of appeals: twelve regional circuits and the Federal Circuit. They decide whether the law was correctly applied in the trial court or federal agency.
94 district courts
The federal trial courts. They resolve disputes by finding the facts and applying the law to them.
90 bankruptcy courts
They help people and businesses who cannot pay their debts get a fresh start. Bankruptcy judges serve in a unit of the district court (28 U.S.C. § 151).
Article I courts
Congress created these courts, and they are not part of the judicial branch: the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Armed Forces and the U.S. Tax Court.
Checks and balances
Congress passes federal laws and the President signs them. Courts decide whether federal laws are constitutional and resolve cases under them, and they depend on the executive branch to enforce their decisions.
Source: Administrative Office of the U.S. Courts, Court Role and Structure. Depending on the dispute or crime, a case may go to federal or state court.
The rules
Federal rules by type of case
The Supreme Court prescribes these rules under the Rules Enabling Act, 28 U.S.C. § 2072. Each court also adopts local rules, and judges may issue standing orders.
Federal Rules of Civil Procedure
Civil cases in the U.S. district courts. Official text from the federal judiciary.
Federal Rules of Criminal Procedure
Federal criminal prosecutions. Official text from the federal judiciary.
Federal Rules of Evidence
What evidence is admissible in federal court. Official text from the federal judiciary.
Federal Rules of Appellate Procedure
Appeals to the U.S. courts of appeals. Official text from the federal judiciary.
Federal Rules of Bankruptcy Procedure
Cases under the Bankruptcy Code (Title 11). Official text from the federal judiciary.
Supreme Court Rules
Filing and practice rules of the Supreme Court of the United States.
A federal civil case, step by step
Follow the stages
Each stage links to the filings and motions that usually come up there, with the governing rule.
Courts of appeals
The 13 federal circuits
Which states each court of appeals covers, with a link to its official website.
| Court | Covers | Official website |
|---|---|---|
| First Circuit | Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico | www.ca1.uscourts.gov |
| Second Circuit | Connecticut, New York, Vermont | www.ca2.uscourts.gov |
| Third Circuit | Delaware, New Jersey, Pennsylvania, U.S. Virgin Islands | www.ca3.uscourts.gov |
| Fourth Circuit | Maryland, North Carolina, South Carolina, Virginia, West Virginia | www.ca4.uscourts.gov |
| Fifth Circuit | Louisiana, Mississippi, Texas | www.ca5.uscourts.gov |
| Sixth Circuit | Kentucky, Michigan, Ohio, Tennessee | www.ca6.uscourts.gov |
| Seventh Circuit | Illinois, Indiana, Wisconsin | www.ca7.uscourts.gov |
| Eighth Circuit | Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota | www.ca8.uscourts.gov |
| Ninth Circuit | Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, Northern Mariana Islands | www.ca9.uscourts.gov |
| Tenth Circuit | Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming | www.ca10.uscourts.gov |
| Eleventh Circuit | Alabama, Florida, Georgia | www.ca11.uscourts.gov |
| D.C. Circuit | District of Columbia | www.cadc.uscourts.gov |
| Federal Circuit | Nationwide, for certain subjects such as patents and some claims against the United States | www.cafc.uscourts.gov |
Find your court
District courts, dockets and local rules
Every district court publishes its local rules, forms and judges’ procedures on its own website. The federal judiciary keeps a directory of court websites.
Court records are available through PACER, the federal judiciary’s public records system. Then compare the federal process with your state’s through our state procedures guide.
Overview
Federal procedures in plain English
Federal procedures follow a set of national rules, but every court adds its own. First, the Federal Rules of Civil Procedure govern civil cases in the district courts. Next, separate rule sets cover criminal cases, evidence, appeals and bankruptcy.
In addition, each district court adopts local rules, and many judges issue standing orders. As a result, two federal courts can handle the same motion a little differently. So always read the local rules of your court before you file.
Our motions and procedures library explains each federal filing, one page at a time, with the governing rule and a link to the official text. You can also read the current federal court rules directly from the federal judiciary.
Finally, remember that most cases are heard in state court. If yours is one of them, start with our state procedures guide instead.
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.