Table of Contents
Foreword
About the Legal Information Institute
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About CALI eLangdell Press
Copyright and Disclaimer Notices
Federal Rules of Civil Procedure
RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS1
TITLE I. SCOPE OF RULES; FORM OF ACTION
Rule 1. Scope and Purpose
Rule 2. One Form of Action
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3. Commencing an Action
Rule 4. Summons
Rule 4.1. Serving Other Process
Rule 5. Serving and Filing Pleadings and Other Papers
Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention
Rule 5.2. Privacy Protection For Filings Made with the Court
Rule 6. Computing and Extending Time; Time for Motion Papers
TITLE III. PLEADINGS AND MOTIONS
Rule 7. Pleadings Allowed; Form of Motions and Other Papers
Rule 7.1. Disclosure Statement
Rule 8. General Rules of Pleading
Rule 9. Pleading Special Matters
Rule 10. Form of Pleadings
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Rule 13. Counterclaim and Crossclaim
Rule 14. Third-Party Practice
Rule 15. Amended and Supplemental Pleadings
Rule 16. Pretrial Conferences; Scheduling; Management
TITLE IV. PARTIES
Rule 17. Plaintiff and Defendant; Capacity; Public Officers
Rule 18. Joinder of Claims
Rule 19. Required Joinder of Parties
Rule 20. Permissive Joinder of Parties
Rule 21. Misjoinder and Nonjoinder of Parties
Rule 22. Interpleader
Rule 23. Class Actions
Rule 23.1. Derivative Actions
Rule 23.2. Actions Relating to Unincorporated Associations
Rule 24. Intervention
Rule 25. Substitution of Parties
TITLE V. DISCLOSURES AND DISCOVERY
Table Showing Rearrangement of Rules Existing Rule No.New Rule No. 26(a) 30(a), 31(a) 26(c) 30(c) 26(d) 32(a) 26(e) 32(b) 26(f) 32(c) 30(a) 30(b) 30(b) 26(c) 32 32(d) Rule 26. Duty to Disclose; General Provisions Governing Discovery
Rule 27. Depositions to Perpetuate Testimony
Rule 28. Persons Before Whom Depositions May Be Taken
Rule 29. Stipulations About Discovery Procedure
Rule 30. Depositions by Oral Examination
Rule 31. Depositions by Written Questions
Rule 32. Using Depositions in Court Proceedings
Rule 33. Interrogatories to Parties
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 35. Physical and Mental Examinations
Rule 36. Requests for Admission
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (effective December 1, 2013
TITLE VI. TRIALS
Rule 38. Right to a Jury Trial; Demand
Rule 39. Trial by Jury or by the Court
Rule 40. Scheduling Cases for Trial
Rule 41. Dismissal of Actions
Rule 42. Consolidation; Separate Trials
Rule 43. Taking Testimony
Rule 44. Proving an Official Record
Rule 44.1. Determining Foreign Law
Rule 45. Subpoena (effective December 1, 2013)
Rule 46. Objecting to a Ruling or Order
Rule 47. Selecting Jurors
Rule 48. Number of Jurors; Verdict; Polling
Rule 49. Special Verdict; General Verdict and Questions
Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error
Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings
Rule 53. Masters
TITLE VII. JUDGMENT
Rule 54. Judgment; Costs
Rule 55. Default; Default Judgment
Rule 56. Summary Judgment
Rule 57. Declaratory Judgment
Rule 58. Entering Judgment
Rule 59. New Trial; Altering or Amending a Judgment
Rule 60. Relief from a Judgment or Order
Rule 61. Harmless Error
Rule 62. Stay of Proceedings to Enforce a Judgment
Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
Rule 63. Judge's Inability to Proceed
TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Rule 64. Seizing a Person or Property
Rule 65. Injunctions and Restraining Orders
Rule 65.1. Proceedings Against a Surety
Rule 66. Receivers
Rule 67. Deposit into Court
Rule 68. Offer of Judgment
Rule 69. Execution
Rule 70. Enforcing a Judgment for a Specific Act
Rule 71. Enforcing Relief For or Against a Nonparty
TITLE IX. SPECIAL PROCEEDINGS
Rule 71.1. Condemning Real or Personal Property
[Rule 71A. Renumbered Rule 71.1]
Rule 72. Magistrate Judges: Pretrial Order
Rule 73. Magistrate Judges: Trial by Consent; Appeal
Rule 74. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
Rule 75. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
Rule 76. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS
Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment
Rule 78. Hearing Motions; Submission on Briefs
Rule 79. Records Kept by the Clerk
Rule 80. Stenographic Transcript as Evidence
TITLE XI. GENERAL PROVISIONS
Rule 81. Applicability of the Rules in General; Removed Actions
Rule 82. Jurisdiction and Venue Unaffected
Rule 83. Rules by District Courts; Judge's Directives
Rule 84. Forms
Rule 85. Title
Rule 86. Effective Dates
XII. APPENDIX OF FORMS (U.S. Courts site)
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Federal Rules of Civil Procedure
(As amended to December 1, 2014) Historical Note
The original Rules of Civil Procedure for the District Courts were adopted by order of the Supreme Court on Dec. 20, 1937, transmitted to Congress by the Attorney General on Jan. 3, 1938, and became effective on Sept. 16, 1938.
The Rules have been amended Dec. 28, 1939, eff. Apr. 3, 1941; Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 1951, eff. Aug. 1, 1951; Apr. 17, 1961, eff. July 19, 1961; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 30, 1970, eff. July 1, 1970; Mar. 1, 1971, eff. July 1, 1971; Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Oct. 21, 1980, Pub. L. 96–481, title II, §205(a), (b), 94 Stat. 2330; Jan. 12, 1983, Pub. L. 97–462, §§2–4, 96 Stat. 2527–2530, eff. Feb. 26, 1983; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988, Pub. L. 100–690, title VII, §§7047(b), 7049, 7050, 102 Stat. 4401; Apr. 30, 1991, eff. Dec. 1, 1991; Dec. 9, 1991, Pub. L. 102–198, §11, 105 Stat. 1626; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 2013, eff. Dec. 1, 2013; Apr. 25, 2014, eff. Dec. 1, 2014.
References to Equity Rules
The Federal Rules of Civil Procedure supplant the Equity Rules since in general they cover the field now covered by the Equity Rules and the Conformity Act (former section 724 of this title).
This table shows the Equity Rules to which references are made in the notes to the Federal Rules of Civil Procedure.
Equity Rules Federal Rules of Civil Procedure 1 77 2 77 3 79 4 77 5 77 6 78 7 4, 70 8 6, 70 9 70 10 18, 54 11 71 12 3, 4, 5, 12, 55 13 4 14 4 15 4, 45 16 6, 55 17 55 18 7, 8 19 1, 15, 61 20 12 21 11, 12 22 1 23 1, 39 24 11 25 8, 9, 10, 19 26 18, 20, 82 27 23 28 15 29 7, 12, 42, 55 30 8, 13, 82 31 7, 8, 12, 55 32 15 33 7, 12 34 15 35 15 36 11 37 17, 19, 20, 24 38 23 39 19 40 20 41 17 42 19, 20 43 12, 21 44 12, 21 45 25 46 43, 61 47 26 48 43 49 53 50 30, 80 51 30, 53 52 45, 53 53 53 54 26 55 30 56 40 57 40 58 26, 33, 34, 36 59 53 60 53 61 53 611/2 53 62 53 63 53 64 26 65 53 66 53 67 53 68 53 69 59 70 17 701/2 52 71 54 72 60, 61 73 65 74 62 75 75 76 75 77 76 78 43 79 83 80 6 81 86
RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS1
1 Title amended December 29, 1948, effective October 20, 1949.
TITLE I. SCOPE OF RULES; FORM OF ACTION
Rule 1. Scope and Purpose
These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.
Notes
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007.)
Notes of Advisory Committee on Rules—1937
1. Rule 81 states certain limitations in the application of these rules to enumerated special proceedings.
2. The expression “district courts of the United States” appearing in the statute authorizing the Supreme Court of the United States to promulgate rules of civil procedure does not include the district courts held in the Territories and insular possessions. See Mookini et al. v. United States, 303 U.S. 201, 58 S.Ct. 543, 82 L.Ed. 748 (1938).
3. These rules are drawn under the authority of the act of June 19, 1934, U.S.C., Title 28, §723b [see 2072] (Rules in actions at law; Supreme Court authorized to make), and §723c [see 2072] (Union of equity and action at law rules; power of Supreme Court) and also other grants of rule making power to the Court. See Clark and Moore, A New Federal Civil Procedure—I. The Background, 44 Yale L.J. 387, 391 (1935). Under §723b after the rules have taken effect all laws in conflict therewith are of no further force or effect. In accordance with §723c the Court has united the general rules prescribed for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both. See Rule 2 (One Form of Action). For the former practice in equity and at law see U.S.C., Title 28, §§723 and 730 [see 2071 et seq.] (conferring power on the Supreme Court to make rules of practice in equity) and the [former] Equity Rules promulgated thereunder; U.S.C., Title 28, [former] §724 (Conformity act): [former] Equity Rule 22 (Action at Law Erroneously Begun as Suit in Equity—Transfer); [former] Equity Rule 23 (Matters Ordinarily Determinable at Law When Arising in Suit in Equity to be Disposed of Therein); U.S.C., Title 28, [former] §§397 (Amendments to pleadings when case brought to wrong side of court), and 398 (Equitable defenses and equitable relief in actions at law).
4. With the second sentence compare U.S.C., Title 28, [former] §§777 (Defects of form; amendments), 767 (Amendment of process); [former] Equity Rule 19 (Amendments Generally).
Notes of Advisory Committee on Rules—1948 Amendment
The change in nomenclature conforms to the official designation of district courts in Title 28, U.S.C., §132(a).
Notes of Advisory Committee on Rules—1966 Amendment
This is the fundamental change necessary to effect unification of the civil and admiralty procedure. Just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty. See also Rule 81.
Notes of Advisory Committee on Rules—1993 Amendment
The purpose of this revision, adding the words “and administered” to the second sentence, is to recognize the affirmative duty of the court to exercise the authority conferred by these rules to ensure that civil litigation is resolved not only fairly, but also without undue cost or delay. As officers of the court, attorneys share this responsibility with the judge to whom the case is assigned.
Committee Notes on Rules—2007 Amendment
The language of Rule 1 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
The merger of law, equity, and admiralty practice is complete. There is no need to carry forward the phrases that initially accomplished the merger.
The former reference to “suits of a civil nature” is changed to the more modern “civil actions and proceedings.” This change does not affect such questions as whether the Civil Rules apply to summary proceedings created by statute. See SEC v. McCarthy, 322 F.3d 650 (9th Cir. 2003); see also New Hampshire Fire Ins. Co. v Scanlon, 362 U.S. 404 (1960).
The Style Project
The Civil Rules are the third set of the rules to be restyled. The restyled Rules of Appellate Procedure took effect in 1998. The restyled Rules of Criminal Procedure took effect in 2002. The restyled Rules of Civil Procedure apply the same general drafting guidelines and principles used in restyling the Appellate and Criminal Rules.
1. General Guidelines. Guidance in drafting, usage, and style was provided by Bryan Garner, Guidelines for Drafting and Editing Court Rules, Administrative Office of the United States Courts (1996) and Bryan Garner, Dictionary of Modern Legal Usage (2d ed. 1995). See also Joseph Kimble, Guiding Principles for Restyling the Civil Rules, in Preliminary Draft of Proposed Style Revision of the Federal Rules of Civil Procedure , at x [sic] (Feb. 2005) (available at