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The significance of court rules

While exploring the sources of law in American legal system it is interesting to find that the court rules, one of the elements in enacted law, function as the backbone of the judicial system. The court rules which prescribe the procedures to be adopted by the courts give extensive and clear cut directions. On a comparative note with the Indian context, the federal system and the states have their own court rules enacted by their respective appropriate bodies. In the states, the court rules are placed in a higher status above the statute passed by the legislature and the court rules always prevail over the statutes. Unlike the state court rules, the federal court rules have the same force as federal statutes. The Advisory committee appointed by the Judicial Conference of the United States drafts the federal court rules. The procedural rules have always been the curator of the common man against the callousness of the judiciary and the executive.

Author:Chandini Nair
Junior Associate
LegalEase Solutions Pvt Ltd
Kochi.