United States Code/Title 28/Appendix/Federal Rules of Civil Procedure

United States Code, Title 28
the United States Government
AppendixFederal Rules of Civil Procedure
589151United States Code, Title 28AppendixFederal Rules of Civil Procedurethe United States Government

Title 28—Judiciary and Judicial Procedure
Appendix
Federal Rules of Civil Procedure

Sec. 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 Required Joinder of Parties
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
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
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
Rule 46 Objecting to a Ruling or Order
Rule 47 Selecting Jurors
Rule 48 Number of Jurors; Verdict
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 Finding
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 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 72 Magistrate Judges: Pretrial Order
Rule 73 Magistrate Judges: Trial by Consent; Appeal
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
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
APPENDIX OF FORMS
Form 1 Caption
Form 2 Date, Signature, Address, E-mail Address, and Telephone Number
Form 3 Summons
Form 4 Summons on a Third-Party Complaint
Form 5 Notice of a Lawsuit and Request to Waive Service of a Summons
Form 6 Waiver of the Service of Summons
Form 7 Statement of Jurisdiction
Form 8 Statement of Reasons for Omitting a Party
Form 9 Statement Noting a Party’s Death
Form 10 Complaint to Recover a Sum Certain
Form 11 Complaint for Negligence
Form 12 Complaint for Negligence When the Plaintiff Does Not Know Who Is Responsible
Form 13 Complaint for Negligence Under the Federal Employers’ Liability Act
Form 14 Complaint for Damages Under the Merchant Marine Act
Form 15 Complaint for the Conversion of Property
Form 16 Third-Party Complaint
Form 17 Complaint for Specific Performance of a Contract to Convey Land
Form 18 Complaint for Patent Infringement
Form 19 Complaint for Copyright Infringement and Unfair Competition
Form 20 Complaint for Interpleader and Declaratory Relief
Form 21 Complaint on a Claim for a Debt and to Set Aside a Fraudulent Conveyance Under Rule 18(b)
Form 30 Answer Presenting Defenses Under Rule 12(b)
Form 31 Answer to a Complaint for Money Had and Received with a Counterclaim for Interpleader
Form 40 Motion to Dismiss Under Rule 12(b) for Lack of Jurisdiction, Improper Venue, Insufficient Service of Process, or Failure to State a Claim
Form 41 Motion to Bring in a Third-Party Defendant
Form 42 Motion to Intervene as a Defendant Under Rule 24
Form 50 Request to Produce Documents and Tangible Things, or to Enter onto Land Under Rule 34
Form 51 Request for Admissions Under Rule 36
Form 52 Report of the Parties’ Planning Meeting
Form 60 Notice of Condemnation
Form 61 Complaint for Condemnation
Form 70 Judgment on a Jury Verdict
Form 71 Judgment by the Court without a Jury
Form 80 Notice of a Magistrate Judge’s Availability
Form 81 Consent to an Assignment to a Magistrate Judge
Form 82 Order of Assignment to a Magistrate Judge
SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
Form A Scope of Rules
Form B In Personam Actions: Attachment and Garnishment
Form C In Rem Actions: Special Provisions
Form D Possessory, Petitory, and Partition Actions
Form E Actions in Rem and Quasi in Rem: General Provisions
Form F Limitation of Liability
Form G Forfeiture Actions In Rem

Notes edit

Historical Note:
The original rules, pursuant to Act of June 19, 1934 (ch. 651, 48 Stat. 1064), were adopted by order of the Court on December 20, 1937, transmitted to Congress by the Attorney General on January 3, 1938, and became effective September 16, 1938 (308 U.S. 645; Cong. Rec., vol. 83, pt. 1, p. 13, Exec. Comm. 905; H. Doc. 460 and H. Doc. 588, 75th Cong.).
Federal Rules of Civil Procedure, Amendments Timeline:
    • 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. 04, 1967, eff. July 1, 1968;
    • Mar. 30, 1970, eff. July 1, 1970;
    • Mar. 01, 1971, eff. July 1, 1971;
    • Nov. 20, 1972, eff. July 1, 1975;
    • 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. 02, 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. 09, 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.