FEDERAL RULES OF CIVIL PROCEDURE
(As amended to January 23, 2000)
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.
Rules of the Supreme Court of the United States
Procedure in original actions in Supreme Court of the United States, Federal Rules of Civil Procedure as guide, see rule 17, this Appendix.
I. SCOPE OF RULES-ONE FORM OF ACTION
1.
Scope and Purpose of Rules.
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
3.
Commencement of Action.
(c)
Service with Complaint; by Whom Made.
(d)
Waiver of Service; Duty to Save Costs of Service; Request to Waive.
(e)
Service Upon Individuals Within a Judicial District of the United States.
(f)
Service Upon Individuals in a Foreign Country.
(g)
Service Upon Infants and Incompetent Persons.
(h)
Service Upon Corporations and Associations.
(i)
Service Upon the United States, and Its Agencies, Corporations, or Officers.
(j)
Service Upon Foreign, State, or Local Governments.
(k)
Territorial Limits of Effective Service.
(m)
Time Limit for Service.
(n)
Seizure of Property; Service of Summons Not Feasible.
4.1.
Service of Other Process.
(b)
Enforcement of Orders: Commitment for Civil Contempt.
5.
Service and Filing of Pleadings and Other Papers.
(a)
Service: When Required.
(c)
Same: Numerous Defendants.
(d)
Filing; Certificate of Service.
(e)
Filing With the Court Defined.
(d)
For Motions-Affidavits.
(e)
Additional Time After Service by Mail.
III. PLEADINGS AND MOTIONS
7.
Pleadings Allowed; Form of Motions.
(b)
Motions and Other Papers.
(c)
Demurrers, Pleas, etc., Abolished.
8.
General Rules of Pleading.
(b)
Defenses; Form of Denials.
(c)
Affirmative Defenses.
(d)
Effect of Failure To Deny.
(e)
Pleading To Be Concise and Direct; Consistency.
(f)
Construction of Pleadings.
9.
Pleading Special Matters.
(b)
Fraud, Mistake, Condition of the Mind.
(c)
Conditions Precedent.
(d)
Official Document or Act.
(h)
Admiralty and Maritime Claims.
(a)
Caption; Names of Parties.
(b)
Paragraphs; Separate Statements.
(c)
Adoption by Reference; Exhibits.
11.
Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions.
(b)
Representations to Court.
(1)
How Initiated.
(A)
By Motion.
(B)
On Court's Initiative.
(2)
Nature of Sanction; Limitations.
(3)
Order.
(d)
Inapplicability to Discovery.
12.
Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings.
(c)
Motion for Judgment on the Pleadings.
(d)
Preliminary Hearings.
(e)
Motion for More Definite Statement.
(g)
Consolidation of Defenses in Motion.
(h)
Waiver or Preservation of Certain Defenses.
13.
Counterclaim and Cross-Claim.
(a)
Compulsory Counterclaims.
(b)
Permissive Counterclaims.
(c)
Counterclaim Exceeding Opposing Claim.
(d)
Counterclaim Against the United States.
(e)
Counterclaim Maturing or Acquired After Pleading.
(f)
Omitted Counterclaim.
(g)
Cross-Claim Against Co-Party.
(h)
Joinder of Additional Parties.
(i)
Separate Trials; Separate Judgments.
14.
Third-Party Practice.
(a)
When Defendant May Bring in Third Party.
(b)
When Plaintiff May Bring in Third Party.
(c)
Admiralty and Maritime Claims.
15.
Amended and Supplemental Pleadings.
(b)
Amendments To Conform to the Evidence.
(c)
Relation Back of Amendments.
(d)
Supplemental Pleadings.
16.
Pretrial Conferences; Scheduling; Management.
(a)
Pretrial Conferences; Objectives.
(b)
Scheduling and Planning.
(c)
Subjects for Consideration at Pretrial Conferences.
(d)
Final Pretrial Conference.
IV. PARTIES
17.
Parties Plaintiff and Defendant; Capacity.
(a)
Real Party in Interest.
(b)
Capacity To Sue or Be Sued.
(c)
Infants or Incompetent Persons.
18.
Joinder of Claims and Remedies.
(b)
Joinder of Remedies; Fraudulent Conveyances.
19.
Joinder of Persons Needed for Just Adjudication.
(a)
Persons To Be Joined if Feasible.
(b)
Determination by Court Whenever Joinder Not Feasible.
(c)
Pleading Reasons for Nonjoinder.
(d)
Exception of Class Actions.
20.
Permissive Joinder of Parties.
21.
Misjoinder and Non-Joinder of Parties.
(a)
Prerequisites to a Class Action.
(b)
Class Actions Maintainable.
(c)
Determination by Order Whether Class Action To Be Maintained; Notice; Judgment; Actions Conducted Partially as Class Actions.
(d)
Orders in Conduct of Actions.
(e)
Dismissal or Compromise.
23.1.
Derivative Actions by Shareholders.
23.2.
Actions Relating to Unincorporated Associations.
(a)
Intervention of Right.
(b)
Permissive Intervention.
25.
Substitution of Parties.
(c)
Transfer of Interest.
(d)
Public Officers; Death or Separation From Office.
V. DEPOSITIONS AND DISCOVERY
26.
General Provisions Governing Discovery; Duty of Disclosure.
(a)
Required Disclosures; Methods to Discover Additional Matter.
(1)
Initial Disclosures.
(2)
Disclosure of Expert Testimony.
(3)
Pretrial Disclosures.
(4)
Form of Disclosures; Filing.
(5)
Methods to Discover Additional Matter.
(b)
Discovery Scope and Limits.
(1)
In General.
(2)
Limitations.
(3)
Trial Preparation: Materials.
(4)
Trial Preparation: Experts.
(5)
Claims of Privilege or Protection of Trial Preparation Materials.
(c)
Protective Orders.
(d)
Timing and Sequence of Discovery.
(e)
Supplementation of Disclosures and Responses.
(f)
Meeting of Parties; Planning for Discovery.
(g)
Signing of Disclosures, Discovery Requests, Responses, and Objections.
27.
Depositions Before Action or Pending Appeal.
(1)
Petition.
(2)
Notice and Service.
(3)
Order and Examination.
(4)
Use of Deposition.
(b)
Pending Appeal.
(c)
Perpetuation by Action.
28.
Persons Before Whom Depositions May Be Taken.
(a)
Within the United States.
(b)
In Foreign Countries.
(c)
Disqualification for Interest.
29.
Stipulations Regarding Discovery Procedure.
30.
Depositions Upon Oral Examination.
(a)
When Depositions May Be Taken; When Leave Required.
(b)
Notice of Examination: General Requirements; Method of Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone.
(c)
Examination and Cross-Examination; Record of Examination; Oath; Objections.
(d)
Schedule and Duration; Motion to Terminate or Limit Examination.
(e)
Review by Witness; Changes; Signing.
(f)
Certification and Filing by Officer; Exhibits; Copies; Notice of Filing.
(g)
Failure To Attend or To Serve Subpoena; Expenses.
31.
Depositions Upon Written Questions.
(a)
Serving Questions; Notice.
(b)
Officer To Take Responses and Prepare Record.
32.
Use of Depositions in Court Proceedings.
(b)
Objections to Admissibility.
(c)
Form of Presentation.
(d)
Effect of Errors and Irregularities in Depositions.
(1)
As to Notice.
(2)
As to Disqualification of Officer.
(3)
As to Taking of Deposition.
(4)
As to Completion and Return of Deposition.
33.
Interrogatories to Parties.
(b)
Answers and Objections.
(d)
Option to Produce Business Records.
34.
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes.
35.
Physical and Mental Examinations of Persons.
(a)
Order for Examination.
36.
Requests for Admission.
(a)
Request for Admission.
37.
Failure to Make Disclosure or Cooperate in Discovery: Sanctions.
(a)
Motion for Order Compelling Disclosure or Discovery.
(1)
Appropriate Court.
(2)
Motion.
(3)
Evasive or Incomplete Disclosure, Answer, or Response.
(4)
Expenses and Sanctions.
(b)
Failure To Comply With Order.
(1)
Sanctions by Court in District Where Deposition Is Taken.
(2)
Sanctions by Court in Which Action Is Pending.
(c)
Failure to Disclose; False or Misleading Disclosure; Refusal to Admit.
(d)
Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection.
[(e)
Abrogated.]
[(f)
Repealed.]
(g)
Failure to Participate in the Framing of a Discovery Plan.
VI. TRIALS
(c)
Same: Specification of Issues.
(e)
Admiralty and Maritime Claims.
39.
Trial by Jury or by the Court.
(c)
Advisory Jury and Trial by Consent.
40.
Assignment of Cases for Trial.
41.
Dismissal of Actions.
(a)
Voluntary Dismissal: Effect Thereof.
(1)
By Plaintiff; by Stipulation.
(2)
By Order of Court.
(b)
Involuntary Dismissal: Effect Thereof.
(c)
Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim.
(d)
Costs of Previously-Dismissed Action.
42.
Consolidation; Separate Trials.
(d)
Affirmation in Lieu of Oath.
44.
Proof of Official Record.
(1)
Domestic.
(2)
Foreign.
(b)
Lack of Record.
(c)
Other Proof.
44.1.
Determination of Foreign Law.
(c)
Protection of Persons Subject to Subpoenas.
(d)
Duties in Responding to Subpoena.
46.
Exceptions Unnecessary.
(a)
Examination of Jurors.
(b)
Peremptory Challenges.
48.
Number of Jurors-Participation in Verdict.
49.
Special Verdicts and Interrogatories.
(b)
General Verdict Accompanied by Answer to Interrogatories.
50.
Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings.
(a)
Judgment as a Matter of Law.
(b)
Renewing Motion for Judgment After Trial; Alternative Motion for New Trial.
(c)
Granting Renewed Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion.
(d)
Same: Denial of Motion for Judgment as a Matter of Law.
51.
Instructions to Jury: Objection.
52.
Findings by the Court; Judgment on Partial Findings.
(c)
Judgment on Partial Findings.
(a)
Appointment and Compensation.
(1)
Meetings.
(2)
Witnesses.
(3)
Statement of Accounts.
(e)
Report.
(1)
Contents and Filing.
(2)
In Non-Jury Actions.
(3)
In Jury Actions.
(4)
Stipulation as to Findings.
(5)
Draft Report.
(f)
Application to Magistrate Judge.
VII. JUDGMENT
(b)
Judgment Upon Multiple Claims or Involving Multiple Parties.
(d)
Costs; Attorneys' Fees.
(1)
Costs Other than Attorneys' Fees.
(2)
Attorneys' Fees.
(1)
By the Clerk.
(2)
By the Court.
(c)
Setting Aside Default.
(d)
Plaintiffs, Counterclaimants, Cross-Claimants.
(e)
Judgment Against the United States.
(c)
Motion and Proceedings Thereon.
(d)
Case Not Fully Adjudicated on Motion.
(e)
Form of Affidavits; Further Testimony; Defense Required.
(f)
When Affidavits Are Unavailable.
(g)
Affidavits Made in Bad Faith.
57.
Declaratory Judgments.
59.
New Trials; Amendment of Judgments.
(c)
Time for Serving Affidavits.
(d)
On Court's Initiative; Notice; Specifying Grounds.
(e)
Motion to Alter or Amend Judgment.
60.
Relief From Judgment or Order.
(b)
Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc.
62.
Stay of Proceedings To Enforce a Judgment.
(a)
Automatic Stay; Exceptions-Injunctions, Receiverships, and Patent Accountings.
(b)
Stay on Motion for New Trial or for Judgment.
(c)
Injunction Pending Appeal.
(e)
Stay in Favor of the United States or Agency Thereof.
(f)
Stay According to State Law.
(g)
Power of Appellate Court Not Limited.
(h)
Stay of Judgment as to Multiple Claims or Multiple Parties.
63.
Inability of a Judge to Proceed.
VIII. PROVISIONAL AND FINAL REMEDIES
64.
Seizure of Person or Property.
(a)
Preliminary Injunction.
(1)
Notice.
(2)
Consolidation of Hearing With Trial on Merits.
(b)
Temporary Restraining Order; Notice; Hearing; Duration.
(c)
Security.
(d)
Form and Scope of Injunction or Restraining Order.
(e)
Employer and Employee; Interpleader; Constitutional Cases.
65.1
Security: Proceedings Against Sureties.
66.
Receivers Appointed by Federal Courts.
(b)
Against Certain Public Officers.
70.
Judgment for Specific Acts; Vesting Title.
71.
Process in Behalf of and Against Persons Not Parties.
IX. SPECIAL PROCEEDINGS
71A.
Condemnation of Property.
(a)
Applicability of Other Rules.
(b)
Joinder of Properties.
(1)
Caption.
(2)
Contents.
(3)
Filing.
(d)
Process.
(1)
Notice; Delivery.
(2)
Same; Form.
(3)
Service of Notice.
(A)
Personal Service.
(B)
Service by Publication.
(4)
Return; Amendment.
(e)
Appearance or Answer.
(f)
Amendment of Pleadings.
(g)
Substitution of Parties.
(h)
Trial.
(i)
Dismissal of Action.
(1)
As of Right.
(2)
By Stipulation.
(3)
By Order of the Court.
(4)
Effect.
(j)
Deposit and Its Distribution.
(k)
Condemnation Under a State's Power of Eminent Domain.
(l)
Costs.
72.
Magistrate Judges; Pretrial Orders.
(a)
Nondispositive Matters.
(b)
Dispositive Motions and Prisoner Petitions.
73.
Magistrate Judges; Trial by Consent and Appeal.
X. DISTRICT COURTS AND CLERKS
77.
District Courts and Clerks.
(a)
District Courts Always Open.
(b)
Trials and Hearings; Orders in Chambers.
(c)
Clerk's Office and Orders by Clerk.
(d)
Notice of Orders or Judgments.
79.
Books and Records Kept by the Clerk and Entries Therein.
(b)
Civil Judgments and Orders.
(d)
Other Books and Records of the Clerk.
80.
Stenographer; Stenographic Report or Transcript as Evidence.
(c)
Stenographic Report or Transcript as Evidence.
XI. GENERAL PROVISIONS
81.
Applicability in General.
(a)
To What Proceedings Applicable.
(b)
Scire Facias and Mandamus.
(f)
References to Officer of the United States.
82.
Jurisdiction and Venue Unaffected.
83.
Rules by District Courts; Judge's Directives.
(b)
Procedures When There is No Controlling Law.
(a)
[Effective Date of Original Rules.]
(b)
Effective Date of Amendments.
(c)
Effective Date of Amendments.
(d)
Effective Date of Amendments.
(e)
Effective Date of Amendments.
APPENDIX OF FORMS
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.
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–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.
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.
35.
Report of Parties' Planning Meeting.
SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS
B.
Attachment and Garnishment: Special Provisions.
(1)
When Available; Complaint, Affidavit, Judicial Authorization, and Process.
(a)
By Garnishee.
(b)
By Defendant.
C.
Actions in Rem: Special Provisions.
(3)
Judicial Authorization and Process.
(6)
Claim and Answer; Interrogatories.
D.
Possessory, Petitory, and Partition Actions.
E.
Actions in Rem and Quasi in Rem: General Provisions.
(a)
Complaint.
(b)
Security for Costs.
(3)
Process.
(a)
Territorial Limits of Effective Service.
(b)
Issuance and Delivery.
(4)
Execution of Process; Marshal's Return; Custody of Property; Procedures for Release.
(a)
In General.
(b)
Tangible Property.
(c)
Intangible Property.
(d)
Directions with Respect to Property in Custody.
(e)
Expenses of Seizing and Keeping Property; Deposit.
(f)
Procedure for Release from Arrest or Attachment.
(5)
Release of Property.
(a)
Special Bond.
(b)
General Bond.
(c)
Release by Consent, or Stipulation; Order of Court or Clerk; Costs.
(d)
Possessory, Petitory, and Partition Actions.
(6)
Reduction or Impairment of Security.
(7)
Security on Counterclaim.
(8)
Restricted Appearance.
(9)
Disposition of Property; Sales.
(a)
Actions for Forfeitures.
(b)
Interlocutory Sales.
(c)
Sales; Proceeds.
F.
Limitation of Liability.
(1)
Time for Filing Complaint; Security.
(3)
Claims Against Owner; Injunction.
(6)
Information To Be Given Claimants.
(7)
Insufficiency of Fund or Security.
(8)
Objections to Claims: Distribution of Fund.
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 |
| 61½ |
53 |
| 62 |
53 |
| 63 |
53 |
| 64 |
26 |
| 65 |
53 |
| 66 |
53 |
| 67 |
53 |
| 68 |
53 |
| 69 |
59 |
| 70 |
17 |
| 70½ |
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 COURTS