ABSTRACT

The courts have well-defined rules, including the federal Rules of Evidence, federal Rules of Civil Procedure, Rules of Criminal Procedure, appellate rules, and others that govern all types of cases in the trial and appellate courts. The Supreme Court first adopted the Rules of Appellate Procedure by order dated December 4, 1967, transmitted to Congress on January 15, 1968, and effective July 1, 1968. The parties may also file "motions" or requests to the court seeking rulings from the court regarding the discovery of evidence, procedures to be followed, and other issues. Although the Constitution provides individuals their day in court, the process of litigation is adversarial, and it relies on the parties to present the facts of their dispute to a neutral judge or jury. When an individual or a company brings the legal action, they are usually referred to as the "plaintiff" at the trial level.