rule
A rule is a standard, principle, or directive used to govern conduct, procedure, or decision-making. Its source and legal effect depend on context. A rule may come from a constitution, statute, court decision, court rule, administrative agency, contract, or institution, and the term does not on its own indicate whether a rule is legally binding.
In litigation, rules may supply substantive standards for deciding claims or procedural requirements for conducting a case. The Federal Rules of Civil Procedure and Federal Rules of Evidence are examples of national rules for federal courts. Under the Rules Enabling Act, the Supreme Court prescribes proposed general rules of practice, procedure, and evidence, which take effect unless Congress provides otherwise.
Federal district courts also may adopt local rules consistent with federal statutes and national rules. Under Federal Rule of Civil Procedure 83, a judge may regulate practice when no controlling law applies, but no sanction or other adverse consequence may be imposed for violating a requirement outside federal law, the federal rules, or local rules unless the alleged violator received actual notice in that case.
In federal administrative law, the Administrative Procedure Act defines rule broadly as all or part of an agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the agency's organization, procedure, or practice requirements. That definition includes rules directed at regulated parties and rules concerning an agency's own structure or processes. An agency's process for formulating, amending, or repealing a rule is rulemaking.
A legislative rule, sometimes called a substantive rule, is issued under delegated authority and can have the force and effect of law. Such rules are usually adopted through the notice-and-comment procedures in 5 U.S.C. § 553 unless another procedure or an exception applies. The agency ordinarily publishes a proposal, allows interested persons to submit views, considers and responds to significant comments, and issues a final rule with a statement of basis and purpose.
Interpretive rules, by contrast, advise the public how an agency understands the statutes or regulations it administers. Perez v. Mortgage Bankers Association, 575 U.S. 92 (2015), explains that interpretive rules typically do not have the force and effect of law and are exempt from notice-and-comment under § 553(b)(A). General statements of policy and rules of agency organization, procedure, or practice also ordinarily fall within that exemption, although another statute may require more.
These categories do not map perfectly onto the distinction between internal and external rules. A procedural rule may tell members of the public how and when to file, while an internal directive may guide agency staff. A document's label is not controlling; courts may examine its source of authority, content, adoption process, and whether it purports to bind the public or the agency.
[Last reviewed in August of 2026 by the Wex Definitions Team]
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