Understanding The Federal Courts

Administrative Office of the U.S. Courts

This publication was developed by the Administrative Office of the United 

States Courts to provide an introduction to the federal judicial system, its 

organization and administration, and its relationship to the legislative and 

executive branches of the government. The Administrative Office, the judicial 

branch’s central support agency, provides a broad range of management, 

legal, technical, communications, and other support services for the 

administration of the federal courts.
Contents

The Constitution and the Federal Judiciary.............................................................................................................................. 1

The Federal Courts In American Government......................................................................................................................... 2

The Federal Courts and Congress................................................................................................................................... 2

The Federal Courts and the Executive Branch ........................................................................................................... 2

The Federal Courts and the Public.................................................................................................................................. 3

Structure of the Federal Courts ..................................................................................................................................................... 4

Trial Courts................................................................................................................................................................................ 4

Appellate Courts..................................................................................................................................................................... 4

United States Supreme Court........................................................................................................................................... 4

The Jurisdiction of the Federal Courts........................................................................................................................................ 6

United States Judges .........................................................................................................................................................................8

Appointment and Compensation.................................................................................................................................... 8

Judicial Ethics ........................................................................................................................................................................... 9

Senior and Recalled Judges............................................................................................................................................... 9

The Federal Judicial Process In Brief..........................................................................................................................................10

An Adversarial System .......................................................................................................................................................10

Fees and the Costs of Litigation.....................................................................................................................................10

Procedural Rules for Conducting Litigation..............................................................................................................10

Civil Cases................................................................................................................................................................................11

Criminal Cases .......................................................................................................................................................................12

Jury Services...........................................................................................................................................................................15

Jury Selection Procedures ................................................................................................................................................16

Bankruptcy Cases.................................................................................................................................................................17

The Appeals Process ...........................................................................................................................................................19

Federal Judicial Administration ...................................................................................................................................................21

Individual Courts ..................................................................................................................................................................21

The Circuit Judicial Councils.............................................................................................................................................21

The Judicial Conference of the United States and National Administration..............................................................23

The Judicial Conference of the United States...........................................................................................................23

The Administrative Office of the United States Courts ........................................................................................23

The Federal Judicial Center (FJC) ...................................................................................................................................23

Judicial Panel for Multidistrict Litigation....................................................................................................................24

United States Sentencing Commission.......................................................................................................................24

The Judiciary’s Budget ....................................................................................................................................................................25

Commonly Asked Questions About the Federal Judicial Process..................................................................................26

Common Legal Terms......................................................................................................................................................................29

About the Administrative Office of the United States Courts .........................................................................................44
UNDERSTANDING THE FEDERAL COURTS...........................................................................................................1

Article III of the United States 

Constitution establishes the judicial 

branch as one of the three separate and 

distinct branches of the federal government. The other two are the legislative 

and executive branches. 

The federal courts often are called 

the guardians of the Constitution 

because their rulings protect rights and 

liberties guaranteed by the Constitution. 

Through fair and impartial judgments, 

the federal courts interpret and apply 

the law to resolve disputes. The courts 

do not enact the laws; that is the responsibility of Congress. Nor do the courts 

have the power to enforce the laws; 

that is the role of the President and the 

many executive branch departments and 

agencies. 

The founders of the nation considered an independent federal judiciary essential to ensure fairness and equal justice for 

all citizens of the United States. The Constitution they drafted promotes judicial independence in two major ways. First, Article III federal judges are appointed for life, and they 

can be removed from office only through impeachment and conviction by Congress of 

“Treason, Bribery, or other high 

Crimes and Misdemeanors.” Second, 

the Constitution provides that the 

compensation of Article III federal 

judges “shall not be diminished during 

their Continuance in Office,” which 

means that neither the President nor 

Congress can reduce the salary of 

a federal judge. These two protections help an independent judiciary 

to decide cases free from popular 

passion and political influence. ■

The Constitution 

and the Federal Judiciary

U.S. CONSTITUTION

ARTICLE III

The judicial power of the United States 

shall be vested in one supreme Court, and 

in such inferior Courts as the Congress may 

from time to time ordain and establish. The 

Judges, both of the supreme and inferior Courts, shall hold their Offices during 

good Behaviour, and shall, at stated Times, 

receive for their Services, a Compensation, 

which shall not be diminished during their 

Continuance in Office.
2......................................................................................................The Administrative Office of the U.S. Courts

The Federal Courts 

and the Executive Branch

Under the Constitution, the President 

appoints federal judges with the “advice 

and consent” of the Senate. The President 

usually consults senators or other elected 

officials concerning candidates for vacancies on the federal courts.

The President’s power to appoint new 

federal judges is not the judiciary’s only 

interaction with the executive branch. The 

Department of Justice, which is responsible for prosecuting federal crimes and 

for representing the government in civil 

cases, is the most frequent litigator in the 

federal court system. Several executive 

branch agencies assist the judiciary with 

its administrative operations. The United 

States Marshals Service, for example, 

provides security for federal courthouses 

and judges, and the General Services 

the Federal Courts

In American Government

2......................................................................................................The Administrative Office of the U.S. Courts

The three branches of the 

federal government—legislative, 

executive, and judicial—operate 

within a constitutional system of 

“checks and balances.” This means 

that although each branch is 

formally separate from the other 

two, the Constitution often requires 

cooperation among the branches. 

Federal laws, for example, are 

passed by Congress and signed by 

the President. The judicial branch, in 

turn, has the authority to decide the 

constitutionality of federal laws and 

resolve other disputes over federal 

laws, but judges depend upon the 

executive branch to enforce court 

decisions.

The Federal Courts 

and Congress

The Constitution gives Congress the 

power to create federal courts other than 

the Supreme Court and to determine their 

jurisdiction. It is Congress, not the judiciary, 

that controls the type of cases that may be 

addressed in the federal courts.

Congress has three other basic responsibilities that determine how the courts 

will operate. First, it decides how many 

judges there should be and where they will 

work. Second, through the confirmation 

process, Congress determines which of 

the President’s judicial nominees ultimately 

become federal judges. Third, Congress 

approves the federal courts’ budget and 

appropriates money for the judiciary to 

operate. The judiciary’s budget is a very 

small part—two tenths of one percent—of 

the entire federal budget.
UNDERSTANDING THE FEDERAL COURTS...........................................................................................................3

Court dockets and case files also are 

available on the Internet through the Public 

Access to Court Electronic Records system 

(known as “PACER”), at www.pacer.uscourts.

gov. In addition, every federal court maintains 

a website with information about court 

rules and procedures. A list of these local 

court websites is available on the judiciary’s 

official website at www.uscourts.gov.

The right of public access to court 

proceedings is partly derived from the 

Constitution and partly from court tradition. By conducting their judicial work in 

public view, judges enhance public confidence in the courts and allow citizens to 

learn first-hand how our judicial system 

works.

Although there is a very strong 

presumption that all court records and 

proceedings are open to the public, public 

access may be limited in some situations. In 

a high-profile trial, for example, there may 

not be enough space in the courtroom to 

accommodate everyone who would like 

to observe. Access to the courtroom also 

may be restricted for security or privacy 

reasons, such as the protection of a juvenile 

or a confidential informant. Finally, certain 

documents may be placed under seal 

by the judge, meaning that they are not 

available to the public. Examples of sealed 

information include confidential business 

records, certain law enforcement reports, 

and juvenile records. ■

Administration builds and maintains 

federal courthouses.

Specialized subject-matter courts and 

boards, and numerous federal administrative agencies adjudicate disputes involving 

specific federal laws and benefits programs. 

These non-judiciary courts and tribunals 

include the United States Tax Court, the 

United States Court of Appeals for the 

Armed Forces, and the United States Court 

of Appeals for Veterans Claims.

While these courts, also known as 

Article I courts, are not part of the judicial 

branch, Congress created them to maintain 

a certain degree of independence and to 

operate impartially and without political 

influence. The decisions of these agencies 

and courts are in some cases appealable to 

the Article III courts.

The Federal Courts and the Public

With certain very limited exceptions, 

each step of the federal judicial process is 

open to the public. Many federal courthouses are historic buildings, and all are 

designed to inspire in the public a respect 

for the tradition and purpose of the 

American judicial process. 

An individual citizen who wishes to 

observe a court in session may go to the 

federal courthouse, check the court calendar, and watch a proceeding. Anyone may 

review the pleadings and other documents 

in a case by going to the clerk of court’s 

office and viewing the appropriate case file 

using an electronic access terminal. Unlike 

most state courts, however, the federal 

courts are just beginning to permit limited 

live television or radio coverage of some 

civil trials.
4......................................................................................................The Administrative Office of the U.S. Courts

The Supreme Court is the highest court in the United States. Article III of the U.S. 

Constitution created the Supreme Court and authorized Congress to pass laws establishing 

a system of lower courts. In the federal court system’s present form, 94 district-level trial 

courts and 13 courts of appeals sit below the Supreme Court.

Structure of the Federal Courts

Appellate Courts

The 94 judicial districts are organized into 

12 regional circuits, each of which has a 

United States court of appeals. A court of 

appeals hears challenges to district court 

decisions from courts located within its 

circuit, as well as appeals from decisions of 

federal administrative agencies. In addition, 

the Court of Appeals for the Federal Circuit 

has nationwide jurisdiction to hear appeals 

in specialized cases, such as those involving 

patent laws and cases decided by the Court 

of International Trade and the Court of 

Federal Claims.

United States Supreme Court

The U.S. Supreme Court consists of the 

Chief Justice of the United States and 

eight associate justices. At its discretion, 

and within certain guidelines established 

by Congress, the Supreme Court hears a 

small percentage of the cases it is asked to 

decide each year. Supreme Court cases are 

usually selected either because the lower 

courts have differed, or “split,” on a legal 

issue or they involve important questions 

about the Constitution or federal law. ■

Trial Courts 

The U.S. district courts are the primary 

trial courts of the federal court system. 

Within limits set by Congress and the 

Constitution, the district courts have 

jurisdiction to hear nearly all categories of 

federal cases, including both civil and criminal matters. There are 94 federal judicial 

districts, including at least one district in 

each state, the District of Columbia, and 

Puerto Rico. Each district includes a U.S. 

bankruptcy court as a unit of the district 

court. 

There are two special trial courts that 

have nationwide jurisdiction over certain 

types of cases. The Court of International 

Trade addresses cases involving international trade and customs issues. The United 

States Court of Federal Claims has jurisdiction over most claims for money damages 

against the United States, disputes over 

federal contracts, unlawful “takings” of 

private property by the federal government, vaccine injury cases, and a variety of 

other claims against the United States.

Three territories of the United States—

the Virgin Islands, Guam, and the Northern 

Mariana Islands—have U.S. district 

courts that hear federal cases, including 

bankruptcy cases.
UNDERSTANDING THE FEDERAL COURTS...........................................................................................................5

THE UNITED STATES

FEDERAL COURTS
6......................................................................................................The Administrative Office of the U.S. Courts

the Jurisdiction of the Federal Courts

Before a federal court 

can hear a case, or “exercise 

its jurisdiction,” certain 

conditions must be met. 

First, under the 

Constitution, federal courts 

exercise only “judicial” 

powers. This means that 

federal judges may interpret the law only through 

the resolution of actual 

legal disputes, referred to in 

Article III of the Constitution 

as “Cases or Controversies.” 

A court cannot attempt to 

correct a problem on its 

own initiative, or to answer a hypothetical 

legal question.

Second, in an actual case or controversy, 

the plaintiff in a federal lawsuit also must 

have legal “standing” to ask the court for a 

decision. That means the plaintiff must have 

been aggrieved, or legally harmed in some 

way, by the defendant.

Third, the case must present a category 

of dispute that the law in question was 

designed to address, and it must be a 

complaint that the court has the power to 

remedy. In other words, the court must 

be authorized, under the Constitution or 

a federal law, to hear the case and grant 

appropriate relief to the plaintiff. 

Finally, the case cannot be “moot,” that 

is, it must present an ongoing problem for 

the court to resolve. The federal courts, 

thus, are courts of “limited” jurisdiction 

because they may only decide certain 

types of cases as provided by Congress or 

as identified in the Constitution. 

Although the details of the complex 

web of federal jurisdiction that Congress 

has given the federal courts is beyond the 

scope of this brief guide, it is important 

to understand that there are two main 

sources of the cases coming before the 

federal courts: “federal question” jurisdiction and “diversity” jurisdiction.

In general, federal question jurisdiction 

arises in cases that involve the U.S. government, the U.S. Constitution or federal laws, 

or controversies between states or between 

the United States and foreign governments. 

A case that raises such a “federal question” 

may be filed in federal court. Examples 

of such cases might include a claim by an 

individual for entitlement to money under a 

federal government program such as Social 

Security, a criminal prosecution by the 

government that alleges someone violated 

a federal law, or a challenge to actions 

taken by a federal agency.

A case also may be filed in federal 

court based on the “diversity of citizenship” 
UNDERSTANDING THE FEDERAL COURTS...........................................................................................................7

of the litigants, such as between citizens 

of different states, or between U.S. citizens 

and those of another country. To ensure 

fairness to the out-of-state litigant, the 

Constitution provides that such cases may 

be heard in a federal court. An important 

limit to diversity jurisdiction is that only 

cases involving more than $75,000 in 

potential damages may be filed in a federal 

court. Claims below that amount may 

only be pursued in state court. Moreover, 

any diversity jurisdiction case regardless 

of the amount of money involved may 

be brought in a state court rather than a 

federal court. 

Federal courts also have jurisdiction 

over all bankruptcy matters, which Congress 

has determined should be addressed in 

federal courts rather than the state courts. 

Through the bankruptcy process, individuals 

or businesses that can no longer pay their 

creditors may either seek a court-supervised liquidation of their assets, or they may 

reorganize their financial affairs and work 

out a plan to pay their debts. 

Although federal courts are located in 

every state, they are not the only forum 

available to potential litigants. In fact, the 

great majority of legal disputes in American 

courts, civil or criminal, are addressed in 

the separate state court systems. State 

courts have jurisdiction over virtually 

all divorce and child custody matters, 

probate and inheritance issues, real estate 

questions, and juvenile matters, and they 

handle most criminal cases, contract 

disputes, traffic violations, and personal 

injury cases. In addition, certain categories of legal disputes may be resolved in 

special courts or entities that are part of the 

federal executive or legislative branches or 

state and federal administrative agencies. ■

Geographic Boundaries

of United States Courts of Appeals and United States District Courts
8......................................................................................................The Administrative Office of the U.S. Courts

United States Judges

The work of the federal courts 

touches upon many of the most 

significant issues affecting the 

American people, and federal 

judges exercise wide authority and 

discretion in the cases over which 

they preside. This section discusses 

how federal judges are chosen, 

and provides basic information 

on judicial compensation, ethics, 

and the role of senior and recalled 

judges.

Appointment 

and Compensation 

Justices of the Supreme 

Court, judges of the courts of 

appeals and the district courts, 

and judges of the Court of International 

Trade are appointed under Article III of the 

Constitution by the President of the United 

States with the advice and consent of the 

Senate. Article III judges are appointed for 

life, and they can only be removed from 

office through the impeachment process. 

Although there are no special qualifications to become a judge of these courts, 

those who are nominated are typically 

very accomplished private or government 

attorneys, judges in state courts, magistrate judges or bankruptcy judges, or law 

professors. The judiciary plays no role in 

the nomination or confirmation process.

Bankruptcy and magistrate judges 

are judicial officers of district courts. The 

President and Senate have no role in their 

selection. Congress determines the number 

and location of bankruptcy judges; they are 

appointed by the courts of appeals. The 

district court determines the number and 

location of magistrate judges and appoints 

them. Judges of the Court of Federal 

Claims are appointed by the President with 

the advice and consent of the Senate.

Each court in the federal system has 

a chief judge who, in addition to hearing 

cases, has administrative responsibilities 

relating to the operation of the court. The 

chief judge is normally the judge who has 

served on the court the longest. Chief 

district and court of appeals judges must 

be under age 65 to be designated as chief 

judge. They may serve for a maximum of 

seven years and may not serve as chief 

judge beyond the age of 70.

All federal judges receive salaries and 

benefits that are set by Congress. 
UNDERSTANDING THE FEDERAL COURTS...........................................................................................................9

Judicial Ethics

Federal judges abide by the Code 

of Conduct for United States Judges, a 

set of ethical principles and guidelines 

adopted by the Judicial Conference of 

the United States. The Code of Conduct 

provides guidance for judges on issues of 

judicial integrity and independence, judicial 

diligence and impartiality, permissible 

extra-judicial activities, and the avoidance 

of impropriety or even its appearance.

Judges may not hear cases in which 

they have personal knowledge of the 

disputed facts, a personal bias concerning 

a party to the case, earlier involvement in 

the case as a lawyer, or a financial interest 

in any party or subject matter of the case.

Many federal judges devote time to 

public service and educational activities. They have a distinguished history of 

service to the legal profession through 

their writing, speaking, and teaching. This 

important role is recognized in the Code 

of Conduct, which encourages judges to 

engage in activities to improve the law, 

the legal system, and the administration of 

justice.

Senior and Recalled Judges

Court of appeals, district court, and 

Court of International Trade judges have 

life tenure, and they may retire if they are at 

least 65 years old and meet certain years of 

service requirements. Most Article III judges 

who are eligible to retire decide to continue 

to hear cases on a full-time or part-time 

basis as “senior judges.” Retired bankruptcy, 

magistrate, and Court of Federal Claims 

judges also may be “recalled” to active 

service. Without the efforts of senior and 

recalled judges, the judiciary would need 

many more judges to handle its cases. ■

CODE OF CONDUCT

FOR UNITED STATES JUDGES

A judge should uphold the integrity and 

independence of the judiciary.

A judge should avoid impropriety and 

the appearance of impropriety in all 

activities.

A judge should perform the duties of the 

office fairly, impartially, and diligently.

A judge may engage in extrajudicial 

activities that are consistent with the 

obligations of judicial office.

A judge should refrain from political 

activity.

Senior judges typically 

handle about 15 to 20 

percent of the appellate 

and district court 

workloads.
10TThe Administrative Office of the U.S. Courts

This section describes three key features of the federal judicial system and gives an 

overview of the process in criminal cases, civil cases, and bankruptcy proceedings. Also 

included are brief descriptions of jury service and selection procedures and the appeals 

process.

Fees and the Costs of Litigation

Another characteristic of the American 

judicial system is that litigants typically 

pay their own court and attorneys’ fees 

whether they win or lose. Most court fees 

are set by Congress. Other costs of litigation, such as attorneys and experts fees, 

are more substantial. In criminal cases, the 

government pays the costs of investigation 

and prosecution. The court also provides a 

lawyer without cost for any criminal defendant who is unable to afford one. In civil 

cases, plaintiffs who cannot afford to pay 

court fees may seek permission from the 

court to proceed without paying those fees.

Procedural Rules for Conducting 

Litigation

There are federal rules of evidence and 

procedural rules governing civil, criminal, 

bankruptcy, and appellate cases that must 

be followed in the federal courts. The 

rules are designed to promote simplicity, 

fairness, the just determination of litigation, 

and the elimination of unjustifiable expense 

and delay. Committees of judges, lawyers, 

and professors appointed by the Chief 

Justice draft the rules. The Administrative 

Office publishes the rules for public 

comment. Rules are approved by the 

Judicial Conference of the United States, 

and promulgated by the Supreme Court. 

The rules become law unless the Congress 

votes to reject or modify them.

The Federal Judicial Process in Brief

An Adversarial System

The litigation process in U.S. courts 

is referred to as an “adversarial” system 

because it relies on the litigants to present 

their dispute before a neutral fact-finder. 

According to American legal tradition, 

inherited from the English common law, 

the clash of adversaries before the court 

is most likely to allow the jury or judge 

to determine the truth and resolve the 

dispute at hand. In some other legal 

systems, judges or other court officials 

investigate and assist the parties to find 

relevant evidence or obtain testimony from 

witnesses. In the United States, the work 

of collecting evidence and preparing to 

present it to the court is accomplished by 

the litigants and their attorneys, normally 

without assistance from the court. 

To avoid the 

expense and delay 

of having a trial, 

judges encourage 

the litigants to try to 

reach an agreement 

resolving their 

dispute...
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 11

Civil Cases

A federal civil case 

involves a legal dispute 

between two or more 

parties. To begin a civil 

lawsuit in federal court, 

the plaintiff files a complaint 

with the court and “serves” 

a copy of the complaint 

on the defendant. The 

complaint describes the 

plaintiff’s damages or injury, 

explains how the defendant 

caused the harm, shows 

that the court has jurisdiction, and asks the 

court to order relief. A plaintiff may seek 

money to compensate for the damages, or 

may ask the court to order the defendant to 

stop the conduct that is causing the harm. 

The court may also order other types of 

relief, such as a declaration of the legal 

rights of the plaintiff in a particular situation.

To prepare a case for trial, the litigants 

may conduct “discovery.” In discovery, the 

litigants must provide information to each 

other about the case, such as the identity 

of witnesses and copies of any documents 

related to the case. The purpose of discovery is to prepare for trial by requiring the 

litigants to assemble their evidence and 

prepare to call witnesses. Each side also may 

file requests, or “motions,” with the court 

seeking rulings on the discovery of evidence, 

or on the procedures to be followed at trial.

One common method of discovery is 

the deposition. In a deposition a witness 

is required to answer questions about the 

case before the trial. Lawyers “depose” the 

witness by asking questions that the witness 

answers, under oath, in the presence of 

a court reporter. The court reporter is 

a person specially trained to record all 

testimony and produce a word-for-word 

account called a transcript.

 To avoid the expense and delay 

of having a trial, judges encourage the 

litigants to try to reach an agreement 

resolving their dispute. In particular, the 

courts encourage the use of mediation, 

arbitration, and other forms of alternative 

dispute resolution, or “ADR,” designed to 

produce an early resolution of a dispute 

without the need for trial or other court 

proceedings. As a result, litigants often 

decide to resolve a civil lawsuit with an 

agreement known as a “settlement.”

If a case is not settled, the court will 

schedule a trial. In a wide variety of civil 

cases, either side is entitled under the 

Constitution to request a jury trial. If the 

parties waive their right to a jury, then the 

case will be heard by a judge without a jury.

At a trial, witnesses testify under the 

supervision of a judge. By applying rules 
12TThe Administrative Office of the U.S. Courts

of evidence, the judge determines which 

information may be presented in the 

courtroom. To ensure that witnesses speak 

from their own knowledge and do not 

change their story based on what they hear 

another witness say, witnesses are kept out 

of the courtroom until it is time for them 

to testify. A court reporter keeps a record 

of the trial proceedings. A deputy clerk of 

court also keeps a record of each person 

who testifies and marks for the record any 

documents, photographs, or other items 

introduced into evidence.

As the questioning of a witness 

proceeds, the opposing attorney may 

object to a question if it invites the witness 

to say something that is not based on the 

witness’s personal knowledge, is unfairly 

prejudicial, or is irrelevant to the case. 

The judge rules on the objection, generally by ruling that it is either sustained or 

overruled. If the objection is sustained, 

the witness does not answer the question, 

and the attorney must move on to his next 

question. The court reporter records the 

objections so that a court of appeals can 

review the arguments later if necessary.

At the conclusion of the evidence, each 

side gives a closing argument. In a jury 

trial, the judge will explain the law that is 

relevant to the case and the decisions the 

jury needs to make. The jury generally is 

asked to determine whether the defendant is responsible for harming the plaintiff 

in some way, and then to determine the 

amount of damages that the defendant will 

be required to pay. If the case is being tried 

before a judge without a jury, known as a 

“bench” trial, the judge will decide these 

issues or order some kind of relief to the 

prevailing party. In a civil case the plaintiff 

must convince the jury by a “preponderance of the evidence” (i.e., that it is 

more likely than not) that the defendant is 

responsible for the harm the plaintiff has 

suffered.

Criminal Cases

The judicial process in a criminal case 

differs from a civil case in several important 

ways. At the beginning of a federal criminal 

case, the principal actors are the U.S. attorney (the prosecutor) and the grand jury. 

The U.S. attorney represents the United 

States in most court proceedings, including all criminal prosecutions. The grand 

jury reviews evidence presented by the 

U.S. attorney and decides whether there is 

sufficient evidence to require a defendant 

to stand trial. 

The standard of proof

in a criminal trial is proof 

“beyond a reaonable 

doubt,” which means the 

evidence must be so strong 

that there is no reasonable 

doubt that the defendant 

committed the crime.
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 13

After a person is arrested, a pretrial 

services or probation officer of the court 

immediately interviews the defendant 

and conducts an investigation of the 

defendant’s background. The information 

obtained by the pretrial services or probation office will be used to help a judge 

decide whether to release the defendant 

into the community before trial, and 

whether to impose conditions of release. 

A person accused of a crime is entitled 

to release before trial, unless the judge 

determines that the person is likely to be 

a danger to some other person or the 

community, is likely to engage in further 

criminal activity if released, or is not likely to 

appear for trial. 

At an initial appearance, a judge 

advises the defendant of the charges filed, 

considers whether the defendant should 

be held in jail until trial, and determines 

whether there is probable cause to believe 

that an offense has been committed 

and that the defendant has committed 

it. Defendants who are unable to afford 

counsel are advised of their right to a 

court-appointed attorney. The court may 

appoint either a federal defender or a 

private attorney who has agreed to accept 

such appointments from the court. In either 

type of appointment, the attorney will be 

paid by the court from funds appropriated 

by Congress. 

Defendants released into the community before trial may be subject to certain 

restrictions, such as electronic monitoring 

or drug testing, and required to make 

periodic reports to a pretrial services officer 

to ensure appearance at trial.

The defendant enters a plea to the 

charges brought by the U.S. attorney at a 

court hearing known as an arraignment. 

Most defendants—more than 90%—plead 

guilty rather than go to trial. If a defendant 

pleads guilty in return for the government 

agreeing to drop certain charges or to 

recommend a lenient sentence, the agreement often is called a “plea bargain.” If the 

defendant pleads guilty, the judge may 

impose a sentence at that time, but more 

commonly will schedule a hearing to determine the sentence at a later date. In most 

felony cases the judge waits for the results 

of a presentence report, prepared by the 

court’s probation office, before imposing a 

sentence. If the defendant pleads not guilty, 

the judge will proceed to schedule a trial.
14TThe Administrative Office of the U.S. Courts

Criminal cases include 

limited pretrial discovery 

proceedings, similar to those 

in civil cases, but with restrictions to protect the identity 

of government informants 

and to prevent intimidation 

of witnesses. The attorneys 

also may file motions, which 

are requests for rulings by 

the court before the trial. 

For example, defense attorneys often file a motion to 

suppress evidence, which 

asks the court to exclude from the trial 

evidence that the defendant believes was 

obtained by the government in violation of 

the defendant’s constitutional rights. 

In a criminal trial, the burden of proof 

is on the government. Defendants do not 

have to prove their innocence. Instead, 

the government must provide evidence to 

convince the jury of the defendant’s guilt. 

The standard of proof in a criminal trial gives 

the prosecutor a much greater burden than 

the plaintiff in a civil trial. The defendant 

must be found guilty “beyond a reasonable 

doubt,” which means the evidence must be 

so strong that there is no reasonable doubt 

that the defendant committed the crime. 

If a defendant is found not guilty, the 

defendant is released and the government 

may not appeal. The person may not be 

charged again for the same offense in a 

federal court. The Constitution prohibits 

“double jeopardy,” or being tried twice for 

the same offense.

If the verdict is guilty, the judge determines the defendant’s sentence. The United 

States Sentencing Commission issues federal 

sentencing guidelines which are advisory, 

but judges must still consider them when 

determining a defendant’s sentence. The 

court’s probation office prepares a report 

for the court that considers the individual 

defendant and the crimes for which he or 

she has been found guilty. During sentencing, the court may consider not only the 

recommendation in the sentencing guidelines and the evidence produced at trial, 

but also relevant information that may be 

provided by the pretrial services officer, the 

U.S. attorney, and the defense attorney. 

A sentence may include time in prison, 

a fine to be paid to the government, and 

restitution to be paid to crime victims. The 

court’s probation officers assist the court in 

enforcing any conditions that are imposed 

as part of a criminal sentence. The supervision of offenders also may involve services 

such as substance abuse testing and 

treatment programs, job counseling, and 

alternative detention options, such as home 

confinement or electronic monitoring.
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 15

Jury Service

One of the most important ways 

individual citizens become involved with 

the federal judicial process is by serving as 

jurors. There are two types of juries serving 

distinct functions in the federal trial courts: 

trial juries (also known as petit juries), and 

grand juries.

The functioning of a trial jury varies 

slightly depending upon whether the trial 

is for a civil or criminal case. A civil trial 

jury typically consists of 6 to 12 persons, 

while a criminal trial jury is made up of 12 

jurors. In a civil case, the role of the jury 

is to listen to the evidence presented, to 

decide whether the defendant injured the 

plaintiff or otherwise failed to fulfill a legal 

duty to the plaintiff, and to determine what 

the remedy, compensation, or penalty 

should be. Criminal juries decide whether 

the defendant committed the crime as 

charged, while a judge determines the 

defendant’s sentence. Verdicts in both civil 

and criminal cases must be unanimous, 

unless the parties in a civil case agree to 

a non-unanimous verdict. A jury’s deliberations are conducted in private, out of 

sight and hearing of the judge, litigants, 

witnesses, and others in the courtroom.

A grand jury, which consists of 16 to 23 

members, has a specialized function to 

perform before a felony criminal case is 

filed in the district court. The U.S. attorney, 

the prosecutor in federal criminal cases, 

presents evidence to the grand jury for 

them to determine whether there is “probable cause” to believe that an individual has 

committed a crime and should be put on 

trial. If the grand jury decides there is enough 

JUROR QUALIFICATIONS

AND EXEMPTIONS

Qualifications to be a Juror

United States citizen

At least 18 years of age

Reside in the judicial district for one 

year

Adequate proficiency in English

No disqualifying mental or physical 

condition

Not currently subject to felony charges

Never convicted of a felony 

(unless civil rights have been legally 

restored)

Exemptions from Service

Active duty members of the armed 

forces

Members of police and fire 

departments

Certain public officials

Others based on individual court rules

(such as members of voluntary 

emergency service organizations and 

people who recently have served on a 

jury)

Temporary Deferrals of Service

May be granted at the court’s 

discretion on the grounds of “undue 

hardship or extreme inconvenience.”
16TThe Administrative Office of the U.S. Courts

evidence, it will issue an indictment against 

the defendant. Grand jury proceedings are 

not open for public observation. 

Jury Selection Procedures

Potential jurors are selected from any 

source that will yield a representative 

sample of the judicial district’s population. 

Most often, jurors are chosen from a pool 

generated by a random selection of 

citizens’ names from lists of registered 

voters, or combined lists of voters and 

people with a driver’s license. The potential 

jurors complete questionnaires to help 

determine whether they are qualified to 

serve on a jury. After reviewing the 

questionnaires, the court randomly selects 

individuals to be summoned to appear for 

jury duty. These selection methods help 

ensure that jurors represent a cross section 

of the community, without regard to race, 

gender, national origin, age, or political 

affiliation. Jurors receive modest compensation and expenses from the court for 

their service.

Being summoned for jury service does 

not guarantee that an individual actually 

will serve on a jury. When a jury is needed 

for a trial, the group of qualified jurors is 

taken to the courtroom where the trial will 

take place. The judge and the attorneys 

then ask the potential jurors questions 

to determine their suitability to serve on 

the jury, a process called voir dire. The 

purpose of voir dire is to exclude from 

the jury people who may not be able to 

decide the case fairly. Members of the 

panel who know any person involved in 

the case, who have information about the 

TERMS OF JURY SERVICE

Length of Service

Trial jury service varies by court.

Some courts require service for one 

day or for the duration of one trial; 

others require service for a fixed term 

of up to one month (or more if a trial is 

longer).

Grand jury service may last up 

to 24 months.

Payment

$40 per day; in some instances jurors 

may also receive meal and travel 

allowances.

Employment Protections

By law, employers must allow 

employees time off (paid or unpaid) 

for jury service. The law also forbids 

any employer from firing,

intimidating, or coercing any 

permanent employee because of their 

federal jury service.

case, or who may have strong prejudices 

about the people or issues involved in the 

case typically will be excused by the judge. 

The attorneys also may exclude a limited 

number of jurors without giving a reason. 
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 17

Bankruptcy Cases

Federal courts have exclusive 

jurisdiction over bankruptcy cases. 

This means a bankruptcy case may 

not be filed in a state court.

The primary purposes of the 

law of bankruptcy are: 

❶ to give an honest debtor 

a “fresh start” in life by relieving the debtor of most 

debts; 

❷ to repay creditors in a fair 

and orderly manner to the extent 

that the debtor has property available for payment; 

❸ to reorganize a failing business by 

restructuring debt or the business 

entity itself, or, alternatively, to provide a framework for the orderly 

liquidation of the failed enterprise; 

and 

❹ to deter and remedy dishonest 

actions by debtors or creditors that 

would have the effect of undermining the purposes of bankruptcy law.

A bankruptcy case normally begins by 

the debtor filing a petition with the 

bankruptcy court. A petition may be filed 

by an individual, by a husband and wife 

together, or by a corporation or other 

entity. The debtor is also required to file 

statements listing assets, income, liabilities, 

and the names and addresses of all creditors and how much they are owed. The 

filing of the petition automatically prevents, 

or “stays,” debt collection actions against 

the debtor and the debtor’s property. As 

long as the stay remains in effect, creditors 

cannot bring or continue lawsuits, make 

wage garnishments, or even make 

telephone calls demanding payment. 

Creditors receive notice from the clerk of 

court that the debtor has filed a bankruptcy 

petition. 

Some bankruptcy cases are filed to 

allow a debtor to reorganize and establish a plan to repay creditors, while other 

cases involve liquidation of the debtor’s 

property. In many bankruptcy cases involving liquidation of the property of individual consumers, there is little or no money 

available from the debtor’s estate to pay 

creditors. As a result, in these cases there 

are few issues or disputes, and the debtor 

is normally granted a “discharge” of most 

debts without objection. This means that 

the debtor will no longer be personally 

liable for repaying the debts.

In other cases, however, disputes may 

give rise to litigation in a bankruptcy case 

over such matters as who owns certain 

property, how it should be used, what 

the property is worth, how much is owed 

on a debt, whether the debtor should be 

discharged from certain debts, or how 
18TThe Administrative Office of the U.S. Courts

CATEGORIES OF BANKRUPTCY CASES

Chapter 7 (Liquidation)

Chapter 7 is designed to repay debts owed to creditors by selling most of the debtor’s property. When a Chapter 7 case is filed, a trustee is appointed to take over the 

debtor’s property for the benefit of the debtor’s creditors. The debtor, however, is 

allowed to keep a limited amount of “exempt” property specified by law. The trustee then sells all non-exempt property of the debtor and distributes the proceeds to 

creditors in accordance with procedures set forth in the bankruptcy laws.

Chapter 13 (Debt Adjustment of an Individual)

In a Chapter 13 bankruptcy, the debtor may keep his or her property, but must repay 

creditors in installments taken from the debtor’s future earnings. A debtor is required 

to submit a plan for approval by the court specifying how and when the debts will be 

repaid to creditors. A trustee is appointed in a Chapter 13 case, and a portion of the 

debtor’s future income, in most cases, is paid to the trustee, who then pays creditors.

Chapter 11 (Reorganization)

Chapter 11 is designed mainly to give an ongoing business an opportunity to resolve 

financial problems through reorganization. A trustee is not normally appointed. The 

debtor is allowed to continue to operate the business under court supervision.

Chapter 12 (Debt Adjustment of a Family Farmer) 

Chapter 12 is similar in many respects to Chapter 13, except that it is available only to 

family farmers.

Chapter 9 (Debt Adjustment of a Municipality)

Chapter 9 is available only to a political subdivision (i.e., a city, town, or county), public 

agency, or other instrumentality of a state.

Chapter 15 (Cross-Border Insolvency)

Chapter 15 of the Bankruptcy Code authorizes the commencement of a U.S. bankruptcy 

case related to a foreign case.
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 19

much money should be paid to lawyers, 

accountants, auctioneers, or other professionals. Litigation in the bankruptcy court 

is conducted in much the same way that 

civil cases are handled in the district court. 

There may be discovery, pretrial proceedings, settlement efforts, and a trial. 

The Appeals Process

The losing party in a decision by a 

trial court in the federal system normally is 

entitled to appeal the decision to a federal 

court of appeals. Similarly, a litigant who 

is not satisfied with a decision made by a 

federal administrative agency usually may 

file a petition for review of the agency 

decision by a court of appeals. Judicial 

review in cases involving certain federal 

agencies or programs—for example, 

disputes over Social Security benefits—may 

be obtained first in a district court rather 

than a court of appeals.

In a civil case, either side may appeal 

the verdict. In a criminal case, the defendant may appeal a guilty verdict, but the 

government may not appeal if 

a defendant is found not guilty. 

Either side in a criminal case 

may appeal with respect to the 

sentence that is imposed after 

a guilty verdict.

In most bankruptcy 

courts, an appeal of a ruling 

by a bankruptcy judge may 

be taken to the district court. 

Several courts of appeals, 

however, have established 

Bankruptcy Appellate Panels 

consisting of three bankruptcy 

judges to hear appeals directly from the 

bankruptcy courts. In either situation, the 

party that loses in the initial bankruptcy 

appeal may then appeal to the court of 

appeals. Under certain limited circumstances, an appeal may be taken from a 

ruling by a bankruptcy judge directly to the 

court of appeals.

A litigant who files an appeal, known 

as an “appellant,” must show that the trial 

In a criminal case the 

defendant may appeal 

a guilty verdict, but the 

government may not 

appeal if a defendant is 

found not guilty.
20TThe Administrative Office of the U.S. Courts

court or administrative agency made a 

legal error that affected the decision in 

the case. The court of appeals makes its 

decision based on the record of the case 

established by the trial court or agency; 

it does not receive additional evidence or 

hear witnesses. The court of appeals also 

may review the factual findings of the trial 

court or agency, but typically may only 

overturn a decision on factual grounds if 

the findings were “clearly erroneous.” 

Appeals are decided by panels of three 

judges working together. The appellant 

presents legal arguments to the panel, in 

writing, in a document called a “brief.” In 

the brief the appellant tries to persuade 

the judges that the trial court made an 

error and that its decision should be 

reversed. On the other hand, the party 

defending against the appeal, known as 

the “appellee,” tries in its brief to show why 

the trial court decision was correct, or why 

any error made by the trial court was not 

significant enough to affect the outcome 

of the case.

Although some cases are decided on 

the basis of written briefs alone, many 

cases are selected for an “oral argument” 

before the court. Oral argument in the 

court of appeals is a structured discussion between the appellate lawyers and 

the panel of judges focusing on the legal 

principles in dispute. Each side is given a 

short time—usually about 15 minutes—to 

present arguments to the court.

The court of appeals decision usually 

will be the final word in the case, unless 

it sends the case back to the trial court 

for additional proceedings, or the parties 

ask the U.S. Supreme Court to review 

the case. In some cases the decision may 

be reviewed en banc, that is, by a larger 

group of judges (usually all) of the court of 

appeals. 

A litigant who loses in a federal court of 

appeals, or in the highest court of a state, 

may file a petition for a “writ of certiorari,” 

which is a document asking the Supreme 

Court to review the case. The Supreme 

Court, however, does not have to grant 

review. The Court typically will agree to 

hear a case only when it involves an unusually important legal principle, or when 

two or more federal appellate courts have 

interpreted a law differently. There are also 

a small number of special circumstances 

in which the Supreme Court is required by 

law to hear an appeal. When the Supreme 

Court hears a case, the parties are required 

to file written briefs and the Court may 

hear oral argument. ■

The court of appeals

decision usually will be the 

final word in the case, unless 

it sends the case back to 

the trial court for additional 

proceedings, or the parties 

ask the U.S. Supreme Court

to review the case.
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 21

Individual Courts

The day-to-day responsibility for judicial 

administration rests with each individual 

court. Each court is given responsibility 

by statute and administrative practice to 

appoint support staff, supervise spending, 

and manage the court’s records. 

The chief judge of each court plays 

a key leadership role in overseeing and 

coordinating the efficient operations of the 

court. Although the chief judge is generally responsible for overseeing day-to-day 

court administration, important policy 

decisions are made by the judges of the 

court working together.

The clerk of court is the executive hired 

by the judges of the court to carry out the 

court’s administrative functions. The clerk 

manages the court’s non-judicial functions 

in accordance with policies set by the court, 

and reports directly to the court through 

its chief judge. Among the clerk’s many 

functions are:

● Maintaining the records and dockets of 

the court

● Managing the court’s information 

technology systems

● Paying all fees, fines, costs, and other 

monies collected into the U.S. Treasury

● Administering the court’s jury system

● Providing interpreters and court 

reporters

● Sending official court notices and 

summons

● Providing courtroom support services

The Circuit Judicial Councils

At the regional level, a “circuit judicial 

council” in each geographic circuit oversees 

the administration of the courts located 

in that circuit. Each circuit judicial council 

consists of the chief circuit judge, who 

serves as the chair, and an equal number of 

other circuit and district judges.

The judicial council oversees numerous aspects of court of appeals and district 

court operations. The council is given broad 

authority with a statutory authorization to 

issue orders to promote accountability and 

the “effective and expeditious administration of justice within its circuit.” Aside from 

its fundamental responsibility to ensure 

that individual courts are operating effectively, the judicial council is responsible for 

reviewing local court rules for consistency 

with national rules of procedure, approving 

district court plans on topics such as equal 

employment opportunity and jury selection, 

and reviewing complaints of judicial misconduct. Each judicial council appoints a “circuit 

executive,” who works closely with the chief 

circuit judge to coordinate a wide range of 

administrative matters in the circuit. ■

Federal JudiciAL aDMINISTRATION

The judicial council

is authorized by statute

to issue orders to promote 

accountability and the 

“effective and expeditious 

administration of justice 

within its circuit.” 
22TThe Administrative Office of the U.S. Courts

Court Support Staff

In addition to their personal chambers staff of law clerks and 

secretaries, judges rely on central court support staff to assist in the 

work of the court. These staff include: 

Clerk

The chief administrative officer of the court, who keeps court records, handles 

court monies, and supervises court operations.

Circuit Executive

Performs a broad range of administrative tasks under the direction of the regional 

circuit judicial council.

Court Reporters

Make a word-for-word record of court proceedings and prepares a transcript.

Court Librarian

Maintains court libraries and assists in meeting the information needs of the judges 

and lawyers. 

Staff Attorneys and Pro Se Law Clerks

Assist the court with research and drafting of opinions. 

Pretrial Services Officers and Probation Officers

Interview defendants before trial, investigate their backgrounds, file reports to 

assist judges in deciding on pretrial release or sentencing of convicted defendants, 

and supervise released defendants.
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 23

The Judicial Conference of the 

United States and National 

aDMINISTRATION

Conference and its committees. The 

numerous additional responsibilities of the 

Administrative Office include collecting and 

reporting judicial branch statistics, developing budgets, conducting studies and 

assessments of judiciary operations and 

programs, providing technical assistance to 

the courts, developing training programs, 

and fostering communications within 

the judiciary and with other branches of 

government and the public. 

The Director of the Administrative 

Office, who is appointed by the Chief 

Justice in consultation with the Judicial 

Conference, serves as the chief administrative officer of the federal courts. Congress 

vested many of the judiciary’s administrative responsibilities in the Director. 

Recognizing, however, that the courts 

can make better business decisions based 

on local needs, the Director delegates 

the responsibility for many administrative matters to the individual courts. This 

concept, known as “decentralization,” allows 

each court to operate with considerable 

autonomy in accordance with policies and 

guidelines set at the regional and national 

level. 

The Federal Judicial Center (FJC)

The Federal Judicial 

Center provides training and research for the 

federal judiciary in a wide 

range of areas including 

court administration, case 

management, budget and finance, human 

resources, and court technology. The 

FJC develops orientation and continuing 

The Judicial Conference 

of the United States

The Judicial Conference 

of the United States is the 

federal courts’ national 

policy-making body. The Chief Justice of 

the United States presides over the Judicial 

Conference, which consists of 26 other 

members including the chief judge of 

each court of appeals, one district court 

judge from each regional circuit, and the 

chief judge of the Court of International 

Trade. The Judicial Conference works 

through committees established along 

subject matter lines to recommend national 

policies and legislation on all aspects of 

federal judicial administration. Committees 

include budget, rules of practice and 

procedure, court administration and case 

management, criminal law, bankruptcy, 

judicial resources (judgeships and personnel matters), information technology, and 

codes of conduct.

The Administrative 

Office of the United 

States Courts

The Administrative 

Office, an agency within 

the judicial branch, provides 

a broad range of legislative, legal, financial, technology, management, administrative, and program support services 

to the federal courts. The Administrative 

Office is responsible for carrying out the 

policies of the Judicial Conference of the 

United States. A primary responsibility 

of the Administrative Office is to provide 

staff support and counsel to the Judicial 
24TThe Administrative Office of the U.S. Courts

education programs for judges and other 

court personnel, including seminars; curriculum materials for use by individual courts; 

monographs and manuals; and audio, 

video, and interactive media programs. The 

FJC conducts studies of judiciary operations, and makes recommendations to the 

Judicial Conference for improvement of 

the administration and management of 

the federal courts. The FJC’s operations are 

overseen by a board of directors consisting of the Chief Justice, the Director of the 

Administrative Office, and seven judges 

chosen by the Judicial Conference. 

Judicial Panel for 

Multidistrict Litigation

The Judicial Panel for 

Multidistrict Litigation has 

the authority to transfer 

cases that are pending in 

different districts but involve common 

questions of fact (for example, mass tort 

actions arising from airplane crashes, breast 

implants, or asbestos) to a single district 

for coordinated or consolidated pretrial 

proceedings. The Panel consists of seven 

court of appeals and district court judges 

designated by the Chief Justice.

UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGAT OI N

 

United States Sentencing 

Commission

The United States 

Sentencing Commission 

establishes sentencing guidelines for the federal criminal justice system. 

The Commission also monitors the performance of probation officers with regard 

to sentencing recommendations, and 

has established a research program that 

includes a clearinghouse and information 

center on federal sentencing practices. 

The Sentencing Commission consists of a 

chairman, three vice chairs, and three other 

voting commissioners who are appointed 

for six-year terms by the President. ■

“Decentralization” 

allows each court to 

operate with considerable 

autonomy and sound 

management principles in 

accordance with policies 

and guidelines set at the 

regional and national 

level.
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 25

In recognition of the 

constitutional separation of 

powers among the three 

branches of the federal 

government, Congress has 

given the judiciary authority to 

prepare and execute its own 

budget. The Administrative 

Office, in consultation with 

the courts and with various 

Judicial Conference committees, prepares a proposed 

budget for the judiciary each 

fiscal year. The proposal is 

reviewed and approved by 

the Judicial Conference with 

an accompanying set of 

detailed justifications. By law, the President must include the judiciary’s proposed budget 

as a part of the unified federal budget submitted to Congress each year. The President 

may comment on the judiciary’s budget request, but the proposal must be transmitted to 

Congress without change. The congressional appropriations committees conduct hearings 

at which judges and the Director of the Administrative Office frequently present and justify 

the judiciary’s projected expenditures.

After Congress enacts a budget for the judiciary, the Judicial Conference approves a 

plan to spend the money and the Administrative Office distributes funds directly to each 

court, operating unit, and program in the judiciary. Individual courts have considerable 

authority and flexibility to conduct their work, establish budget priorities, make sound 

business decisions, hire staff, and make purchases, consistent with Judicial Conference 

policies. ■

THE JudiciaRY’S BUDGET
26TThe Administrative Office of the U.S. Courts

Commonly Asked Questions 

About the Federal Judicial Process

How can I find a lawyer?

Local bar associations usually offer 

lawyer referral services, often without 

charge. The clerk’s office in each district 

court usually is able to help find a referral 

service. But personnel in the clerk’s office 

and other federal court employees are 

prohibited from providing legal advice to 

individual litigants.

Defendants in criminal proceedings 

have a right to a lawyer, and they are 

entitled to have counsel appointed at 

government expense if they are financially 

unable to obtain adequate representation by private counsel. The Criminal 

Justice Act requires a court determination that a person is financially eligible for 

court-appointed counsel. Defendants may 

be required to pay some of these costs. 

Defendants also have the option of waiving 

their right to counsel; however, this requires 

consent of the presiding judge. 

There is no general right to free legal 

assistance in civil proceedings. Some 

litigants obtain free or low-cost representation through local bar association referrals 

or legal services organizations. Litigants in 

civil cases may also proceed pro se; that is, 

they may represent themselves without the 

assistance of a lawyer.

How are judges assigned to 

a particular court?

Each federal judge is commissioned to 

a specific court. Judges have no authority 

to hear cases in other courts unless they 

are formally designated to do so. Because 

of heavy caseloads in certain districts, 

judges from other courts are often asked 

to hear cases in these districts.

How do I file a civil case? 

Is there a charge?

A civil action begins when some party 

to a dispute files a complaint. The parties 

beginning a civil action in a district court 

are required to pay a filing fee that is set by 

statute. A plaintiff who is unable to pay the 

fee may file a request to proceed in forma 

pauperis. If the request is granted, the fee 

is waived.

How do I file a criminal case?

Individuals may not file criminal charges 

in federal courts. A criminal proceeding 

is initiated by the government, usually 

through the U.S. attorney’s office in coordination with a law enforcement agency. 

Allegations of criminal behavior should 

be brought to the local police, the FBI, 

or another appropriate law enforcement 

agency.

How do I file for bankruptcy 

protection? Is there a charge?

A bankruptcy case begins with the 

filing of a petition. The required forms are 

available from the bankruptcy court clerk’s 

office, on the court’s website, or at many 

stationery stores. There is a range of filing 

fees for bankruptcy cases, depending on 

the chapter of the bankruptcy code under 

which the case is filed. Chapter 7, the most 

common type filed by individuals, involves 

an almost complete liquidation of the 

assets of the debtor, as well as a discharge 

of most debts.
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 27

How are judges assigned to 

specific cases?

Judge assignment methods vary, but all 

courts use some random case assignment 

procedure and manage caseloads so that 

each judge in a court receives roughly an 

equal caseload.

What is a U.S. Magistrate Judge?

Magistrate judges are judicial officers 

appointed by the district court to serve 

for eight-year terms. Their duties fall into 

four general categories: conducting most 

initial proceedings in criminal cases (including search and arrest warrants, detention 

hearings, probable cause hearings, and 

appointment of attorneys); conducting a 

wide variety of other proceedings in civil 

and criminal cases as referred to them by 

district judges (including deciding motions, 

reviewing petitions filed by prisoners, and 

conducting pretrial and settlement conferences); trial of most criminal misdemeanor 

cases; and trial of civil cases with the 

consent of the parties.

How can I check on the status of a 

case?

The clerk’s office responds without 

charge to most inquiries on the status of 

a case. There is a fee to conduct certain 

searches and retrieve some information, 

and to print court documents. Most federal 

courts have automated systems that allow 
28TThe Administrative Office of the U.S. Courts

for the search and retrieval of case-related 

information at the public counters in the 

courthouse, and electronically from other 

locations. In the Supreme Court and many 

bankruptcy courts, telephone information systems enable callers to obtain case 

information by touch-tone phone. Court 

dockets and opinions are also available 

on the Internet. The judiciary’s Internet 

homepage, www.uscourts.gov, includes 

links to individual court websites, as well as 

a directory of court electronic public access 

services. 

How quickly does a court reach a 

decision in a particular case? 

All cases are handled as expeditiously 

as possible. The Speedy Trial Act of 1974 

establishes special time requirements for 

the prosecution and disposition of criminal 

cases in district courts. As a result, courts 

must give the scheduling of criminal cases 

a higher priority than civil cases. The Act 

normally allows only 70 days from a defendant’s arrest to the beginning of the trial.

There is no similar law governing civil 

trial scheduling, but the courts usually 

are able to resolve civil cases in less than 

a year. Depending on its complexity, a 

particular case may require more or less 

time to resolve. There are many reasons 

why the progress of a particular case may 

be delayed, many of which are outside 

the court’s control. Cases may be delayed 

because settlement negotiations are in 

progress, or because the attorneys or 

judge have scheduling conflicts.

How is staff hired in the federal 

courts? 

The federal court system’s personnel 

decisions are decentralized. This means 

that each court conducts its own advertising and hiring for job positions. Judges 

select and hire their own chambers staff. 

The clerk of court and certain other central 

court staff are hired by the court as a 

whole. Other court staff are hired by the 

clerk of court, who acts under the supervision of the court. Some employment 

opportunities are listed on the judiciary’s 

Internet homepage, www.uscourts.gov, but 

often the clerk’s office or the website of 

a particular court is the best source for a 

complete listing. ■
UNDERSTANDING THE FEDERAL COURTS........................................................................................................ 29

COMMON LEGAL TERMS

acquittal 

Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. 

In other words, a verdict of “not guilty.” Under the Double Jeopardy clause of the Constitution, an acquitted defendant may never be tried again criminally for the same offense.

administrative law judge

An officer in a regulatory or social service agency, such as the Securities and Exchange 

Commission or the Social Security Administration, who decides disputes under the law and 

regulations administered by his agency, subject to appeals to the Article III courts.

affidavit

A written statement of facts confirmed by the oath of the party making it, before a notary 

or officer having authority to administer oaths.

affirmed

In the practice of the court of appeals, it means that the court of appeals has concluded 

that the lower court decision is correct and will stand as rendered by the lower court. 

alternative dispute resolution (“ADR”)

Methods of resolving a legal dispute without conducting a trial, including mediation and 

arbitration.

answer

The formal written statement by a defendant responding to a civil complaint and setting 

forth the grounds for his or her defense.

appeal

A request challenging the decision of a trial court by a party that has lost on one or more 

issues and seeks a higher court (appellate court) review of the decision to determine if it was 

correct. To make such a request is “to appeal” or “to take an appeal.” One who appeals is 

called the “appellant.” The other party is the “appellee.”

arbitration

A form of alternative dispute resolution in which an arbitrator (a neutral decision maker) 

issues a judgment on the legal issues involved in a case after listening to presentations by 

each party. Arbitration can be binding or nonbinding, depending on the agreement among 

the parties before the proceeding.

a
30TThe Administrative Office of the U.S. Courts

arraignment

A proceeding in which an individual who is accused of committing a crime is brought into 

court, told of the charges, and asked to plead guilty, not guilty, or nolo contendere (no 

contest).

Article III judge

A judge who exercises the judicial powers of the United States under the authority of Article 

III of the U.S. Constitution. Article III judges are appointed by the President, with the advice and consent of the Senate. Article III of the Constitution protects the independence of 

Article III judges by guaranteeing them a lifetime appointment and no reduction in pay. An 

Article III judge can only be forcibly removed from office through the impeachment process. Article III judges sit on the U.S. Court of International Trade, the federal district courts, 

the appeals, and the U.S. Supreme Court.

bail

Security (usually in the form of money) given for the release of a criminal defendant or witness from legal custody to secure his appearance on the day and time set by the court. 

bankruptcy

A legal process—over which the federal courts have exclusive jurisdiction—by which persons or businesses unable to pay their debts can seek the assistance of the court in liquidating and reorganizing their assets and liabilities. Under the protection of the bankruptcy 

court, debtors may discharge their debts. Bankruptcy judges preside over these proceedings.

bankruptcy judge

A federal judge, appointed by the court of appeals for a 14-year term, who has authority to 

hear matters that arise under the Bankruptcy Code.

bench trial

Trial by a judge without a jury in which a judge decides which party prevails.

brief

A written statement submitted by a party in a case that asserts the legal and factual reasons 

why the party believes the court should decide the case, or particular issues in the case, in 

that party’s favor.

b
UNDERSTANDING THE FEDERAL COURTS........................................................................................................31

capital offense

A crime punishable by death. 

case law

The law as reflected in the written decisions of the courts.

case ancillary to a foreign proceeding

A case commenced under Chapter 15 of the Bankruptcy Code by the representative of a 

foreign tribunal to protect the U.S. property of a debtor subject to an insolvency proceeding in another country.

chambers

A judge’s office, typically including a conference room and work space for the judge’s law 

clerks and secretary.

chief judge

The judge who has primary responsibility for the administration of a court. Chief judges are 

selected from the judges of the court based on seniority.

circuit executive

A federal court employee appointed by a circuit judicial council to assist the chief judge of 

the circuit and provide administrative support to the courts of the circuit.

clerk of court

An administrative officer appointed by the judges of the court to manage the flow of cases 

through the court, maintain court records, handle financial matters, and provide other administrative support to the court. 

common law

The legal system that originated in England and is in use in the U.S. today. Common law 

relies on the articulation of legal principles in a historical succession of judicial decisions. 

Common law principles can be changed by legislation, but legislation is subject to interpretation by common law methodology. Many areas of the law, such as bankruptcy, are now 

codified in detailed statutes, but these statutes are applied according to their interpretations 

by successive precedents established by the courts.

complaint

A written statement filed by a plaintiff initiating a civil case, stating the jurisdiction of the 

court to resolve the legal dispute, the wrongs allegedly committed by the defendant, and 

the requested relief.

c
32TThe Administrative Office of the U.S. Courts

contract

An agreement between two or more persons that creates an obligation to do or not to do 

a particular thing.

conviction

A judgment of guilt against a criminal defendant.

counsel

Legal advice; a term also used to refer to the lawyers in a case. 

court

Government entity presided over by judges and authorized by statute to resolve legal 

disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the 

court has read the briefs.”

court reporter

A person who makes a word-for-word record of what is said in court, generally by using a 

stenographic machine or audio recording, and then produces a transcript of the proceedings upon request.

Court of International Trade

A court established by Congress under Article III of the Constitution to hear cases involving 

U.S. international trade law, including questions concerning tariffs, dumping, countervailing 

duties, and international property issues.

damages

Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs 

for their injuries. 

debtor

A person who is the subject of a bankruptcy case.

default judgment

A judgment rendered in favor of the plaintiff because of the defendant’s failure to answer or 

appear to contest the plaintiff’s claim. 

defendant

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal 

case, the person accused of the crime.

d
UNDERSTANDING THE FEDERAL COURTS........................................................................................................33

deposition

An oral statement made before an officer authorized by law to administer oaths. Such 

statements are often taken to examine potential witnesses, to obtain discovery, or to be 

used later in trial.

discovery

The process by which lawyers learn about their opponent’s case in preparation for trial. 

Typical tools of discovery include depositions, interrogatories, requests for admissions, and 

requests for documents. All these devices help the lawyer learn the relevant facts and collect and examine any relevant documents or other materials.

docket

A log containing the complete history of each case in the form of brief chronological entries 

summarizing all court proceedings. All federal court dockets are maintained in electronic 

form and are generally available to the public by computer.

en banc

“In the bench” or “as a full bench.” Refers to court sessions with the entire membership of a 

court participating. U.S. circuit courts of appeals usually decide matters sitting in panels of 

three judges, but all the judges in the court may decide certain matters together or review 

panel decisions sitting “en banc” (occasionally spelled “in banc”). The largest courts of appeals may split their full membership into two en banc panels.

equitable

Pertaining to civil suits in “equity” rather than in “law.” In English legal history, the courts of 

“law” could order the payment of damages and could afford no other remedy. See “damages.” A separate court of “equity” could order someone to do something or to cease to do 

something. See, e.g., “injunction.” In American jurisprudence, the federal courts have both 

legal and equitable power, but the distinction is still an important one in certain respects. 

For example, a trial by jury is normally available in cases at “law” but not in “equity.”

evidence

Physical material or information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other. The 

federal courts must follow the Federal Rules of Evidence.

e
34TThe Administrative Office of the U.S. Courts

federal public defender

An attorney employed by the federal courts on a full-time basis to provide legal defense to 

defendants who are unable to afford counsel. The judiciary administers the federal defender 

program pursuant to the Criminal Justice Act.

federal question jurisdiction

Jurisdiction given to federal courts in cases involving the interpretation and application of 

the U.S. Constitution, acts of Congress, and treaties.

felony

A serious crime carrying a penalty of more than one year in prison. Compare with “misdemeanor.”

file

(1) The act of transmitting or placing a document in the official custody of the clerk of court 

and entering it into the file or record of a case; (2) the official record of a case.

grand jury

A body of 16-23 citizens who listen to evidence of criminal allegations presented by the 

prosecutors, and determine whether there is enough evidence to issue an indictment and 

conduct a trial. See also “indictment” and “United States attorney.”

habeas corpus

A writ (court order) that is usually used to bring a prisoner before the court to determine 

the legality of his or her imprisonment. Someone in state prison may file a petition in federal court for a “writ of habeas corpus,” seeking to have the federal court review whether the 

state violated his or her rights under the U.S. Constitution. Federal prisoners may file habeas 

petitions as well. A writ of habeas corpus may also be used to bring a person in custody 

before the court to give testimony or to be prosecuted.

hearsay

Statements by a witness who did not see or hear the incident in question but heard about 

it second-hand from someone else. Hearsay is usually not admissible as direct evidence in 

court because it does not allow a defendant to confront his or her accusers and is not as 

reliable as first-hand testimony, but there are many exceptions to the hearsay rule.

f

g

h
UNDERSTANDING THE FEDERAL COURTS........................................................................................................35

impeachment

(1) The process of calling a witness’s testimony into doubt. For example, if the attorney can 

show that the witness may have fabricated portions of his testimony, the witness is said to 

be “impeached.” (2) The constitutional process whereby the House of Representatives may 

“impeach” (accuse of misconduct) high officers of the federal government, who are then 

removed from office if found guilty in a trial before the Senate.

indictment

The formal charge issued by a grand jury stating that there is enough evidence that the 

defendant committed a crime to justify having a trial; it is used primarily for felonies. See 

also “information.”

in forma pauperis

“In the manner of a pauper.” The court may grant a litigant’s motion to proceed “in forma 

pauperis” and allow him or her to file a case without payment of the required court fees if 

the person does not have the financial means to pay a fee.

information

A formal accusation by a government attorney that the defendant committed a misdemeanor. An information may also be used in a felony case if the defendant formally waives 

his or her right to a grand jury indictment. See also “indictment.”

injunction

A court order prohibiting a defendant from performing a specific act, or compelling a defendant to perform a specific act.

interrogatories

Written questions sent by one party in a lawsuit to an opposing party as part of pretrial 

discovery in civil cases. The party receiving the interrogatories is required to answer them in 

writing under oath.

issue

(1) A disputed point between parties in a lawsuit. (2) To send out officially, as in a court 

issuing an order.

judge

An official with statutory authority to decide legal disputes according to the law. Used gei

j
36TThe Administrative Office of the U.S. Courts

nerically, the term “judge” may refer to all judicial officers, including Supreme Court justices, 

state and federal judges, military judges, and executive branch appointees who preside over 

tribunals and other bodies that decide legal disputes. See also “Article III judge,” “magistrate 

judge,” and “bankruptcy judge.”

judgment

The official decision of a court finally resolving a dispute between the parties to a lawsuit.

jurisdiction

(1) The legal authority or competence of a court to hear and decide a case. (2) The geographic area over which the court has authority to decide cases.

jurisprudence

The study of law and the structure of the legal system. 

jury

The group of local citizens selected by the court to hear the evidence in a trial and render a 

verdict on matters of fact. See also “grand jury.”

jury instructions

A judge’s directions to the jury before it begins deliberations regarding the factual questions 

that it must answer and the legal rules that it must apply.

lawsuit

A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.

litigation

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called 

litigants.

magistrate judge

A federal judge, appointed by a concurrence of a majority of the court’s district judges, who 

conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil 

cases with the consent of the parties.

l

m
UNDERSTANDING THE FEDERAL COURTS........................................................................................................37

mediation

The alternative dispute resolution (ADR) method most commonly used in the district courts. 

Mediation is an informal process in which a mediator facilitates negotiations between the 

parties to help them resolve their dispute. 

misdemeanor

An offense punishable by one year of imprisonment or less. Compare with “felony.”

mistrial

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start 

again with the selection of a new jury. 

motion

A request by a litigant to a judge for a decision on an issue relating to the case.

nolo contendere

No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the 

criminal sentence is concerned, but may not be considered as an admission of guilt for any 

other purpose. 

opinion

A judge’s written explanation of the decision of the court. Because a case may be heard by 

three or more judges in the court of appeals, the opinion in appellate decisions can take 

several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view 

of the majority, and one member of the majority will write the opinion. The judges who 

did not agree with the majority may write separately in dissenting or concurring opinions 

to present their views. A dissenting opinion disagrees with the majority opinion because of 

the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment 

or clarification or even an entirely different reason for reaching the same result. Only the 

majority opinion can serve as binding precedent in future cases. See also “precedent.”

oral argument

An opportunity for lawyers to verbally summarize their positions before the court and answer the judges’ questions.

n

o
38TThe Administrative Office of the U.S. Courts

panel

(1) In appellate cases, a group of judges (usually three) assigned to decide the case. (2) In 

the jury selection process, the group of potential jurors. (3) The list of attorneys who are 

both available and qualified to serve as court-appointed counsel for criminal defendants 

who cannot afford their own counsel.

party

One of the litigants in a case. At the trial level, the parties are typically referred to as the 

plaintiff and defendant. On appeal, they are known as the appellant and appellee, or, in 

some cases involving administrative agencies, as the petitioner and respondent.

petit jury (or trial jury)

A group of citizens who hear the evidence presented by both sides at trial and determine 

the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of 

at least six persons. See also “jury” and “grand jury.”

petty offense

A federal misdemeanor punishable by six months or less in prison.

plaintiff

The person who initiates a civil lawsuit.

plea

In a criminal case, the defendant’s statement pleading “guilty,” “not guilty,” or “no contest” in 

answer to the charges.

pleadings

Written statements filed with the court that describe a party’s legal or factual assertions 

about the case.

precedent

A court decision in an earlier case with facts and legal issues similar to a dispute currently 

before a court. Judges—following the common-law tradition—will generally “follow precedent.” They use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show 

that the earlier case was wrongly decided, or that it differed in some significant way from 

the current case. Lower courts must follow precedents set by the decisions of higher courts.

p
UNDERSTANDING THE FEDERAL COURTS........................................................................................................39

presentence report

A report prepared by a court’s probation officer, after a person has been convicted of an 

offense, summarizing for the court the background information needed to determine the 

appropriate sentence.

pretrial conference

A meeting of the judge and lawyers to plan the trial, to discuss which matters should be 

presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settling of the case.

pretrial services

A department of the district court that conducts an investigation of a criminal defendant’s 

background in order to help a judge decide whether to release the defendant into the community before trial.

probation

(1) A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision of a probation officer, who makes certain that the defendant follows certain rules (e.g., gets a job, gets drug counseling, etc.) (2) A department of the court 

that prepares a presentence report in a criminal case.

probation officer

Officers of a court who conduct presentence investigations, prepare presentence reports on 

convicted defendants, and supervise released defendants.

pro bono publico (“pro bono”)

A Latin term meaning “for the good of the public.” Some lawyers take on certain kinds of 

cases pro bono, without expectation of payment; these cases are called “pro bono cases.”

procedure

The rules for conducting a lawsuit. There are rules of civil, criminal, bankruptcy, and appellate procedure.

pro per

A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin 

phrase “in propria persona.”

pro se

A Latin term meaning “on one’s own behalf.” In courts, it refers to persons who present their 

own cases without lawyers.
40TThe Administrative Office of the U.S. Courts

prosecute

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. 

recalled judge

A retired magistrate judge, bankruptcy judge, or judge of the Court of Federal Claims may 

return to duty for a limited term as a “recalled” judge. 

record

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case. 

remand

The act of an appellate court sending a case to a lower court for further proceedings. 

reverse

The act of an appellate court setting aside the decision of a trial court. A reversal is often 

accompanied by a remand to the lower court for further proceedings.

senior judge

An Article III judge who has retired from active duty but continues to perform some judicial 

duties, usually maintaining a reduced caseload. Commonly referred to as “senior status.” A 

judge who has not taken senior status may be referred to as an “active judge,” although the 

distinction may be misleading as many senior judges maintain full caseloads. 

sentence

The punishment ordered by a court for a defendant convicted of a crime. 

sentencing guidelines

A set of rules and principles established by the United States Sentencing Commission that 

trial judges use as one factor to consider when they determine the sentence for a convicted 

defendant. 

sequester

To separate. Sometimes juries are sequestered or isolated from outside influences during 

their deliberations. 

r

s
UNDERSTANDING THE FEDERAL COURTS........................................................................................................41

service of process

The delivery of writs or summonses to a party in a lawsuit or someone involved in the case. 

settlement

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the 

payment of compensation by one party in at least partial satisfaction of the other party’s 

claims, but usually do not include the admission of fault. 

statute

A law passed by a legislature.

statute of limitations

A law that sets the deadline by which parties must file suit to enforce their rights. For 

example, if a state has a five-year statute of limitations for breaches of contract, and John 

breached a contract with Susan on January 1, 2005, Susan must file her lawsuit by January 1, 2010. If the deadline passes, the “statute of limitations has run” and the party may 

be prohibited from bringing a lawsuit; i.e., the claim is “time-barred.” Sometimes a party’s 

attempt to assert his or her rights will “toll” the statute of limitations, giving the party additional time to file suit. 

subpoena

A command, issued under authority of a court or other authorized government entity, to 

compel an individual or organization to produce some kind of evidence, or require a witness to appear and give testimony. 

subpoena duces tecum

A command to a witness to appear and produce documents. 

summary judgment

A decision made on the basis of statements and evidence presented for the record without 

a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when—on the undisputed facts in the record—one party is entitled 

to judgment as a matter of law.

temporary restraining order

Prohibits a person from taking an action that is likely to cause irreparable harm. This differs 

from an injunction in that it may be granted immediately, without notice to the opposing 

party, and without a hearing. It is intended to last only until a hearing can be held. Sometimes referred to as a “T.R.O.”

t
42TThe Administrative Office of the U.S. Courts

testimony

Evidence presented orally by witnesses during trials or before grand juries. 

toll

See “statute of limitations.” Certain actions will “toll” the statute of limitations, or extend the 

time by which parties must file suit to enforce their rights.

tort

A civil wrong or breach of a duty to another person. The “victim” of a tort may be entitled 

to sue for the harm suffered. Victims of crimes may also sue in tort for the wrongs done to 

them. Most tort cases are handled in state court, except when the tort occurs on federal 

property (e.g., a military base), when the government is the defendant, or when a dispute 

between parties from different states falls under the federal court’s diversity jurisdiction. 

transcript

A written, word-for-word record of what was said, either in a proceeding such as a trial, or 

during some other formal conversation, such as a hearing or oral deposition. 

trustee

In a bankruptcy case, a person appointed to represent the interests of the bankruptcy estate 

and the unsecured creditors. The trustee’s responsibilities may include liquidating the property of the estate, making distributions to creditors, and bringing actions against creditors or 

the debtor to recover property of the bankruptcy estate. 

uphold

The appellate court agrees with the lower court decision and allows it to stand. See “affirmed.” 

U.S. attorney

A lawyer appointed by the President of the United States in each judicial district to prosecute and defend cases for the federal government. The U.S. attorney employs a staff of assistant U.S. attorneys (AUSAs) who appear as the government’s attorneys in individual cases. 

U.S. trustee

The United States Trustee Program is a component of the United States Department of Justice responsible for overseeing the administration of bankruptcy cases and private trustees. 

United States Trustees are government employees appointed by the Attorney General of 

the United States. United States Trustees appoint and supervise private trustees, take legal 

u
UNDERSTANDING THE FEDERAL COURTS........................................................................................................43

action to enforce the requirements of the United States Bankruptcy Code, refer matters for 

investigation and criminal prosecution, and ensure that bankruptcy estates are administered 

efficiently and that professional fees are reasonable.

venue

The geographical location in which a case is tried. 

verdict

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal 

defendant, or that determines the final outcome of a civil case. 

voir dire

The process by which judges and lawyers select a trial jury from among those eligible to 

serve by questioning them to make certain that they would fairly decide the case. “Voir dire” 

is a phrase meaning “to speak the truth.” 

warrant

An arrest warrant is a written court order authorizing official action by law enforcement officials, usually directing them to arrest the individual named in the warrant. A search warrant 

is a court order that permits a specific location be searched for items which, if found, can be 

used in court as evidence. 

witness

A person called upon by either side in a lawsuit to give testimony before the court or jury.

writ

A formal written command or order, issued by the court, requiring the performance of a 

specific act. 

writ of certiorari

An order issued by the U.S. Supreme Court directing the lower court to transmit records for 

a case it will hear on appeal. ■

v

w
44TThe Administrative Office of the U.S. Courts

About the Administrative Office 

of the United States Courts

Created by an Act of Congress in 

1939, the Administrative Office of the U.S. 

Courts supports the work of the judicial 

branch. Its Director, who serves as the 

chief administrative officer for the federal 

courts, is appointed by the Chief Justice of 

the United States in consultation with the 

Judicial Conference of the United States. 

The Administrative Office provides 

staff support and counsel to the judiciary’s 

policymaking body, the Judicial Conference 

of the United States, and its committees. It 

monitors and assesses judiciary operations 

and emerging issues, makes recommendations for new policies and programs, 

and implements and promotes the Judicial 

Conference’s policies. 

The Administrative Office develops 

programs, systems, and methods to 

support and improve judicial 

administration. It provides a 

broad array of administrative, 

legal, technical, communications, and other services that 

support the operation of the 

federal appellate, district, and 

bankruptcy courts, and the 

defender services and probation 

and pretrial services programs. 

Among its many functions, the 

Administrative Office develops 

and administers the judiciary’s 

budget; audits court financial 

records; manages the judiciary’s 

payroll and human resources 

programs; collects and analyzes 

statistics to report on the business 

of the courts; manages the 

judiciary’s automation and information technology programs; 

conducts studies and reviews of programs 

and operations; develops new business 

methods for the courts; provides training 

and technical assistance; issues manuals, 

directives, rules, and other publications; 

fosters and coordinates communications 

with the legislative and executive branches; 

and provides public information.

The Administrative Office’s Director has 

delegated to the individual courts many of 

his statutory administrative authorities. As 

a result, each court can plan, organize, and 

manage its business activities and expenditures, consistent with policies and spending 

limits, to meet its particular needs. This 

decentralization of administrative authority 

benefits both the courts and the taxpayers because it reduces bureaucracy and 

encourages innovation and economy. ■ 

SOURCES OF ADDITIONAL INFORMATION

Publications

Federal Courts and What They Do

(Federal Judicial Center, 2006)

Strategic Plan for the Federal Judiciary

(Judicial Conference of the United States, 2010)

Judiciary Website Addresses

Administrative Office of the U.S. Courts

www.uscourts.gov

Federal Judicial Center

www.fjc.gov

Authorized Judgeships

For current information on authorized federal 

judgeships visit the judges and judgeships section

of www.uscourts.gov