Rules of Civil Procedure


Rules of Civil Procedure is promulgated to govern the procedure in civil actions.  In U.S. federal district courts, follow the Federal Rules of Civil Procedure (FRCP).   Almost all the federal courts always use the FRCP as their rules of procedure, even when a state law is in question and are required to apply the substantive law of the states as rules of decision.  In U.S., thirty-five states have adopted the federal rules as their own procedural code.

When the federal rules are adopted by a state, it is called the State Rules of Civil Procedure.  For example if Alabama has adopted the federal rules, the state rules will be known as Alabama Rules of Civil Procedure.  Like the FRCP, the State Rules of Civil Procedure lays down the rules that should be followed by state district courts in all civil actions.  States that have adopted the federal rules have imbibed the federal rules with minimal changes.  If there is a conflict between the state and federal rules on a particular rule of procedure, the federal rule will prevail.


Rules of Civil Procedure: Related Pages