TABLE OF CONTENTS


VOLUME 1. I. SCOPE OF RULES--ONE FORM OF ACTION: Rules 1-2

VOLUME 2.  II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND
ORDERS

VOLUME 1 III. PLEADINGS AND MOTIONS

VOLUME 1 IV. PARTIES

VOLUME 1 V. DEPOSITIONS AND DISCOVERY

VI. TRIALS

VII. JUDGMENT

VIII. PROVISIONAL AND FINAL REMEDIES

IX. SPECIAL PROCEEDINGS

X. DISTRICT COURTS AND CLERKS

XI. GENERAL PROVISIONS

XII. APPENDIX OF FORMS

XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS



I. SCOPE OF RULES--ONE FORM OF ACTION

1. Scope 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
6. Time

III. PLEADINGS AND MOTIONS

7. Pleadings Allowed; Form of Motions
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. Deposition Upon Oral Examination
31. Depositions Upon Written Questions
32. Use of Depositions in Court Proceedings
33. Interrogatories to Parties
34. Production of Documents and Things and Entry Upon Land for Inspection and
Other Purposes
35. Physical and Mental Examination of Persons
36. Requests for Admission
37. Failure to Make 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; Objection
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 Options
74. [Abrogated]
75. [Abrogated]
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

XII. APPENDIX OF FORMS

Introductory Statement
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

XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS

A. Scope of Rules
B. Attachment and Garnishment: Special Provisions
C. Actions in Rem: Special Provisions
D. Possessory, Petitory, and Partition Actions
E. Actions in Rem and Quasi in Rem: General Provisions
F. Limitation of Liability

 

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