
These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. The rules should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.
In this booklet, you will find the process for commencing an action, pleadings, motions, summons, and orders. Additionally you will find procedural information about pretrial conferences and hearings, rights to a trial jury, jury selection, roles of the plaintiff and defendant, types of class actions, duty to disclose, including disclosure of expert testimony, trial preparation materials, using depositions in court proceedings, appeals, and more.
Foreword III
Authority for promulgation of rules V
Historical note VII
RULES TITLE I. SCOPE OF RULES; FORM OF ACTION
Rule 1. Scope and Purpose 1
Rule 2. One Form of Action 1
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3. Commencing an Action 1
Rule 4. Summons 1
Rule 4.1. Serving Other Process 8
Rule 5. Serving and Filing Pleadings and Other Papers 8
Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention 11
Rule 5.2. Privacy Protection For Filings Made with the Court 11
Rule 6. Computing and Extending Time; Time for Motion Papers 12
TITLE III. PLEADINGS AND MOTIONS
Rule 7. Pleadings Allowed; Form of Motions and Other Papers 14
Rule 7.1. Disclosure Statement 14
Rule 8. General Rules of Pleading 15
Rule 9. Pleading Special Matters 16
Rule 10. Form of Pleadings 17
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions 17
Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing 19
Rule 13. Counterclaim and Crossclaim 21
Rule 14. Third-Party Practice 22
Rule 15. Amended and Supplemental Pleadings 23
Rule 16. Pretrial Conferences; Scheduling; Management 25
TITLE IV. PARTIES Rule
17. Plaintiff and Defendant; Capacity; Public Officers 27
Rule 18. Joinder of Claims 28
Rule 19. Required Joinder of Parties 28
Rule 20. Permissive Joinder of Parties 29
Rule 21. Misjoinder and Nonjoinder of Parties 30
Rule 22. Interpleader 30
Rule 23. Class Actions 30
Rule 23.1. Derivative Actions 35
Rule 23.2. Actions Relating to Unincorporated Associations 35
Rule 24. Intervention 36
Rule 25. Substitution of Parties 36
TITLE V. DISCLOSURES AND DISCOVERY
Rule 26. Duty to Disclose; General Provisions Governing Discovery 37
Rule 27. Depositions to Perpetuate Testimony 46
Rule 28. Persons Before Whom Depositions May Be Taken 47
Rule 29. Stipulations About Discovery Procedure 48
Rule 30. Depositions by Oral Examination 48
Rule 31. Depositions by Written Questions .................................................... 52
Rule 32. Using Depositions in Court Proceedings 53
Rule 33. Interrogatories to Parties 55
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes 56
XVI CONTENTS TITLE V. DISCLOSURES AND DISCOVERY—Continued
Page Rule 35. Physical and Mental Examinations 58
Rule 36. Requests for Admission 59
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions 60
TITLE VI. TRIALS
Rule 38. Right to a Jury Trial; Demand 63
Rule 39. Trial by Jury or by the Court 64
Rule 40. Scheduling Cases for Trial 64
Rule 41. Dismissal of Actions 64
Rule 42. Consolidation; Separate Trials 65
Rule 43. Taking Testimony 66
Rule 44. Proving an Official Record 66
Rule 44.1. Determining Foreign Law 67
Rule 45. Subpoena . 67
Rule 46. Objecting to a Ruling or Order 71
Rule 47. Selecting Jurors 72
Rule 48. Number of Jurors; Verdict; Polling 72
Rule 49. Special Verdict; General Verdict and Questions 72
Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling 73
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error 74
Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings 75
Rule 53. Masters 76
TITLE VII. JUDGMENT Rule 54. Judgment; Costs 78
Rule 55. Default; Default Judgment 80
Rule 56. Summary Judgment 80
Rule 57. Declaratory Judgment 82
Rule 58. Entering Judgment 82
Rule 59. New Trial; Altering or Amending a Judgment 83
Rule 60. Relief from a Judgment or Order 83
Rule 61. Harmless Error 84
Rule 62. Stay of Proceedings to Enforce a Judgment 84
Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal 85
Rule 63. Judge’s Inability to Proceed 86
TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Rule 64. Seizing a Person or Property 86
Rule 65. Injunctions and Restraining Orders 86
Rule 65.1. Proceedings Against a Security Provider 88
Rule 66. Receivers 88
Rule 67. Deposit into Court 88
Rule 68. Offer of Judgment 89
Rule 69. Execution 89
Rule 70. Enforcing a Judgment for a Specific Act 90
Rule 71. Enforcing Relief For or Against a Nonparty 90
TITLE IX. SPECIAL PROCEEDINGS
Rule 71.1. Condemning Real or Personal Property 90
Rule 72. Magistrate Judges: Pretrial Order 94
Rule 73. Magistrate Judges: Trial by Consent; Appeal 95
Rule 74. [Abrogated.]
Rule 75. [Abrogated.]
Rule 76. [Abrogated.] TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS
Rule 77. Conducting Business; Clerk’s Authority; Notice of an Order or Judgment 96
Rule 78. Hearing Motions; Submission on Briefs 97
Rule 79. Records Kept by the Clerk 97
Rule 80. Stenographic Transcript as Evidence 98
TITLE XI. GENERAL PROVISIONS
Rule 81. Applicability of the Rules in General; Removed Actions 98
Rule 82. Jurisdiction and Venue Unaffected 100
Rule 83. Rules by District Courts; Judge’s Directives 100
Rule 84. [Abrogated.] CONTENTS XVII TITLE XI. GENERAL PROVISIONS—Continued Page
Rule 85. Title 100
Rule 86. Effective Dates 101
APPENDIX OF FORMS [Abrogated.]
SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
Rule A. Scope of Rules 104
Rule B. In Personam Actions: Attachment and Garnishment 104
Rule C. In Rem Actions: Special Provisions 105
Rule D. Possessory, Petitory, and Partition Actions 107
Rule E. Actions in Rem and Quasi in Rem: General Provisions 108
Rule F. Limitation of Liability 111
Rule G. Forfeiture Actions In Rem 114
Magistrate judges, civil attorneys, paralegal professions, Court clerk office staff, and others involved in the Civil Court system may be interested in this reference booklet. Additionally, corporations, nonprofit organizations, citizens, and law degree students pursuing coursework for civil law degrees may be interested in these rules. Law libraries and public libraries should have a copy of this volume available for their patrons.
Product Details
- Federal Rules of Civil Procedure
- Appendix Title 28 United States Code