Authority

Article III of the U.S. Constitution expressly creates a federal court system, and Section 2 of that Article further declares that jurisdiction (See Jurisdiction, below) of the U.S. Supreme Court and courts within the federal system shall be subject to “such Regulations as the Congress shall make.” Those regulations are contained in Section 1251 of Title 28 of the United States Code (U.S.C. or U.S.C.A.—designating the annotated version). Section 2072 of 28 U.S.C. 131 (The Rules Enabling Act) authorizes the Supreme Court to “prescribe general rules of practice and procedure and rules of evidence for cases in the U.S. district courts (including proceedings before magistrates thereof) and courts of appeals.” Similarly, state constitutions and statutes empower the states’ highest courts (usually) to regulate civil procedures in state courts.


Inside Authority