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NOTES:
(As amended to January 3, 2007)
RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS 1
Footnotes
[1] Title amended December 29, 1948, effective October 20, 1949.
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.
I. SCOPE OF RULES—ONE FORM OF ACTION
Rule
1.
Scope and Purpose of Rules.
2.
One Form of Action.
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
3.
Commencement of Action.
4.
Summons.
4.1.
Service of Other Process.
5.
Service and Filing of Pleadings and Other Papers.
5.1.
Constitutional Challenge to a Statute—Notice, Certification, and Intervention.
6.
Time.
III. PLEADINGS AND MOTIONS
7.
Pleadings Allowed; Form of Motions.
7.1.
Disclosure Statement.
8.
General Rules of Pleading.
9.
Pleading Special Matters.
10.
Form of Pleadings.
11.
Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions.
12.
Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on the Pleadings.
13.
Counterclaim and Cross-Claim.
14.
Third-Party Practice.
15.
Amended and Supplemental Pleadings.
16.
Pretrial Conferences; Scheduling; Management.
IV. PARTIES
17.
Parties Plaintiff and Defendant; Capacity.
18.
Joinder of Claims and Remedies.
19.
Joinder of Persons Needed for Just Adjudication.
20.
Permissive Joinder of Parties.
21.
Misjoinder and Non-Joinder of Parties.
22.
Interpleader.
23.
Class Actions.
23.1.
Derivative Actions by Shareholders.
23.2.
Actions Relating to Unincorporated Associations.
24.
Intervention.
25.
Substitution of Parties.
V. DEPOSITIONS AND DISCOVERY
26.
General Provisions Governing Discovery; Duty of Disclosure.
27.
Depositions Before Action or Pending Appeal.
28.
Persons Before Whom Depositions May Be Taken.
29.
Stipulations Regarding Discovery Procedure.
30.
Depositions Upon Oral Examination.
31.
Depositions Upon Written Questions.
32.
Use of Depositions in Court Proceedings.
33.
Interrogatories to Parties.
34.
Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes.
35.
Physical and Mental Examinations of Persons.
36.
Requests for Admission.
37.
Failure to Make Disclosures or Cooperate in Discovery; Sanctions.
VI. TRIALS
38.
Jury Trial of Right.
39.
Trial by Jury or by the Court.
40.
Assignment of Cases for Trial.
41.
Dismissal of Actions.
42.
Consolidation; Separate Trials.
43.
Taking of Testimony.
44.
Proof of Official Record.
44.1.
Determination of Foreign Law.
45.
Subpoena.
46.
Exceptions Unnecessary.
47.
Selection of Jurors.
48.
Number of Jurors—Participation in Verdict.
49.
Special Verdicts and Interrogatories.
50.
Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings.
51.
Instructions to Jury; Objections; Preserving a Claim of Error.
52.
Findings by the Court; Judgment on Partial Findings.
53.
Masters.
VII. JUDGMENT
54.
Judgments; Costs.
55.
Default.
56.
Summary Judgment.
57.
Declaratory Judgments.
58.
Entry of Judgment.
59.
New Trials; Amendment of Judgments.
60.
Relief From Judgment or Order.
61.
Harmless Error.
62.
Stay of Proceedings To Enforce a Judgment.
63.
Inability of a Judge to Proceed.
VIII. PROVISIONAL AND FINAL REMEDIES
64.
Seizure of Person or Property.
65.
Injunctions.
65.1.
Security: Proceedings Against Sureties.
66.
Receivers Appointed by Federal Courts.
67.
Deposit in Court.
68.
Offer of Judgment.
69.
Execution.
70.
Judgment for Specific Acts; Vesting Title.
71.
Process in Behalf of and Against Persons Not Parties.
IX. SPECIAL PROCEEDINGS
71A.
Condemnation of Property.
72.
Magistrate Judges; Pretrial Orders.
73.
Magistrate Judges; Trial by Consent and Appeal.
[74 to 76.
Abrogated.]
X. DISTRICT COURTS AND CLERKS
77.
District Courts and Clerks.
78.
Motion Day.
79.
Books and Records Kept by the Clerk and Entries Therein.
80.
Stenographer; Stenographic Report or Transcript as Evidence.
XI. GENERAL PROVISIONS
81.
Applicability in General.
82.
Jurisdiction and Venue Unaffected.
83.
Rules by District Courts; Judge’s Directives.
84.
Forms.
85.
Title.
86.
Effective Date.
APPENDIX OF FORMS
Form
1.
Summons.
1A.
Notice of Lawsuit and Request for Waiver of Service of Summons.
1B.
Waiver of Service of Summons.
2.
Allegation of Jurisdiction.
3.
Complaint on a Promissory Note.
4.
Complaint on an Account.
5.
Complaint for Goods Sold and Delivered.
6.
Complaint for Money Lent.
7.
Complaint for Money Paid by Mistake.
8.
Complaint for Money Had and Received.
9.
Complaint for Negligence.
10.
Complaint for Negligence Where Plaintiff Is Unable To Determine Definitely Whether the Person Responsible Is C.D. or E.F. or Whether Both Are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligence.
11.
Complaint for Conversion.
12.
Complaint for Specific Performance of Contract To Convey Land.
13.
Complaint on Claim for Debt and To Set Aside Fraudulent Conveyance Under Rule
18
(b).
14.
Complaint for Negligence Under Federal Employer’s Liability Act.
15.
Complaint for Damages Under Merchant Marine Act.
16.
Complaint for Infringement of Patent.
17.
Complaint for Infringement of Copyright and Unfair Competition.
18.
Complaint for Interpleader and Declaratory Relief.
[18–A.
Abrogated.]
19.
Motion To Dismiss, Presenting Defenses of Failure To State a Claim, of Lack of Service of Process, of Improper Venue, and of Lack of Jurisdiction Under Rule
12
(b).
20.
Answer Presenting Defenses Under Rule
12
(b).
21.
Answer to Complaint Set Forth in Form
8, With Counterclaim for Interpleader.
[22.
Eliminated.]
22–A.
Summons and Complaint Against Third-Party Defendant.
22–B.
Motion To Bring in Third-Party Defendant.
23.
Motion To Intervene as a Defendant under Rule
24.
24.
Request for Production of Documents, etc., Under Rule
34.
25.
Request for Admission Under Rule
36.
26.
Allegation of Reason for Omitting Party.
[27.
Abrogated.]
28.
Notice: Condemnation.
29.
Complaint: Condemnation.
30.
Suggestion of Death Upon the Record Under Rule
25
(a)(1).
31.
Judgment on Jury Verdict.
32.
Judgment on Decision by the Court.
33.
Notice of Availability of a Magistrate Judge to Exercise Jurisdiction.
34.
Consent to Exercise of Jurisdiction by a United States Magistrate Judge.
34A.
Order of Reference.
35.
Report of Parties’ Planning Meeting.
SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
Rule
A.
Scope of Rules.
B.
In Personam Actions: Attachment and Garnishment.
C.
In Rem Actions: Special Provisions.
D.
Possessory, Petitory, and Partition Actions.
E.
Actions in Rem and Quasi in Rem: General Provisions.
F.
Limitation of Liability.
G.
Forfeiture Actions in Rem.
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 |
Footnotes
[1] Title amended December 29, 1948, effective October 20, 1949.
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