Federal Rules of Civil Procedure

1

TI: Scope and Purpose

The rules govern civil actions in all proceedings in district courts with the goal of securing a just, speedy, and inexpensive determination

2

TI: One form of Action

There is one form of action -the civil action

3

TII: Commencing an Action

A civil action is commenced by filing a complaint with the court

4

TII: Summons

(a) Contents; Amendments

(b) Issuance- presentation to the clerk for seal

(C) Service

(d) Waiving Service

(e) Serving an individual within judicial district

(f) Serving an individual in a foreign country

(g) Serving a minor or an incompetent Person’

(h) Serving a corporation, partnership, or association

(I) Serving the United States and its Agencies, Corporations, officers, or Employees

(J) Serving a foreign, State or Local Government

(k) Territorial Limits of Effective service

(L) Proving Service

(m) Time Limit for Service

(n) Asserting Jurisdiction over Property or Assets

4.1

TII: Serving Other Process

(a) In General: Issuance of summons or subpoena must be made by a United States marshal or deputy marshal or by person specially appointed.

(b) Enforcing Orders: Committing for Civil Contempt: An order for civil contempt of decree or injunction may be served and enforced in any district. Other contempt proceedings may be served in that district or 100 miles from where the order was issued

5

TII: Serving and Filing Pleadings and Other Papers

(a) Service: when required

(b) Service: how made

(C) Serving Numerous Defendants

(d) Filing

5.1

TII: Constitutional Challenge to a Statute

(a) Notice by a Party

(b) Certification by the Court

(C) Intervention

(d) No forfeiture

5.2

TII: Privacy Protection for Filings Made with the Court

(a) Redacted Filings

(b) Exemption from the Redaction Requirement

(C) Limitations on Remote Access to Electronic Files; Social-Security Appeals and Immigration Cases

(d) Filings Made Under Seal

(e) Protective Orders

(f) Option for Additional Unredacted Filing Under Seal

(g) Option for Filing a Reference List

(h) Waiver of Protection of Identifiers

6

TII: Computing and Extending Time; Time for Motion Papers

(a) Period Stated in Days or a Longer Unit

(b) Extending Time

(C) Motions, Notices of Hearing, and Affidavits

(d) Additional Time After Certain Kinds of Service

7

TIII: Pleadings Allowed; Form of Motions and Other Papers

(a) Pleadings

(b) Motions and Other Papers

7.1

TIII: Disclosure Statement

(a) Who Must File; Contents

(b) Time to File; Supplemental Filing

8

TIII: General Rules of Pleading

(a) Claim for Relief

(b) Defenses; Admissions and Denials

(C) Affirmative Defenses

(d) Pleading to be Concise and Direct; Alternative Statements; Inconsistency

(e) Construing Pleadings

9

TIII: Pleading Special Matters

(a) Capacity or Authority to Sue; Legal Existence

(b) Fraud or Mistake; Conditions of Mind

(C) Conditions Precedent

(d) Official Document or Act

(e) Judgement

(f) Time and Place

(g) Special Damages

(h) Admiralty of Maritime Claim

10

TIII: Form of Pleadings

(a) Caption; Names of Parties

(b) Paragraphs; Separate Statements

(C) Adoption of Reference; Exhibits

11

TIII: Signing Pleadings, Motions, and Other papers; Representations to the Court; Sanctions

(a) Signature

(b) Representations to the Courts

(C) Sanctions

(d) Inapplicability to Discovery

12

TIII: Defenses and Objections: When and How Presented; Motion for Judgement on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

(a) Time to Serve a Responsive Pleading

(b) How to Present Defenses

(C) Motion for Judgement on the Pleadings

(d) Result of Presenting Matters Outside the Pleadings

(e) Motion for a More Definite Statement

(f) Motion to Strike

(g) Joining Motions

(h) Waiving and Preserving Certain Defenses

(i) Hearing before trial

13

TIII: Counterclaim and Crossclaim

(a) Compulsory Counterclaim

(b) Permissive Counterclaim

(C) Relief Sought in a Counterclaim

(d) Counterclaim Against the United States

(e) Counterclaim Maturing or Acquired After Pleading

(f) -

(g) Crossclaim Against a Co-Party

(h) Joining Additional Parties

(I) Separate Trials; Separate Judgements

14

TIII: Third-Party Practice

(a) When a Defending Party May Bring in a Third Party

(b) When a Plaintiff May Bring in a Third Party

(C) Admiralty or Maritime Claim

15

TIII: Amended and Supplemental Pleadings

(a) Amendments Before Trial

(b) Amendments During and After Trial

(C) Relation Back of Amendments

(d) Supplemental pleadings

16

TIII: Pretrial Conferences; Scheduling; Management

(a) Purposes of a Pretrial Conference

(b) Scheduling

(C) Attendance and Matters for Consideration at a Pretrial Conference

(d) Pretrial Orders

(e) Final Pretrial Conference and Orders

(f) Sanctions

17

TIV: Plaintiff and Defendant; Capacity; Public Officers

(a) Real Party in Interest

(b) Capacity to Sue or be Sued

(C) Minor or Incompetent Person

(d) Public Officer’s Title and Name

18

TIV: Joinder of Claims

(a) In General

(b) Joinder of Contingent Claims

19

TIV: Required Joinder of Parties

(a) Persons Required to be Joined if Feasible

(b) When Joinder is not Feasible

(C) Pleading the Reasons for Nonjoinder

(d) Exception for Class Actions

20

TIV: Permissive Joinder of Parties

(a) Persons Who May Join or Be Joined

(b) Protective Measures

21

TIV: Misjoinder and Nonjoinder of Parties

Misjoinder of parties is not a ground for dismissing an action

22

TIV: Interpleader

(a) Grounds

(b) Relation to Other Rules and Statutes

23

TIV: Class Actions

(a) Prerequisites

(b) Types of Class Actions

(C) Certification Order; Notice to Class Members; Judgement; Issues Classes; Subclasses

(d) Conduction the Action

(e) Settlement, Voluntary Dismissal, or Compromise

(f) Appeals

(g) Class Council

(h) Attorney’s Fees and Nontaxable Costs

23.1

TIV: Derivative Actions

(a) Prerequisites

(b) Pleading Requirements

(C) Settlement, Dismissal, and Compromise

23.2

TIV: Actions Relating to Unincorporated Associations

The action of unincorporated associations may only proceed as long as the representative is fairly and adequately protecting the interest of its members.

24

TIV: Intervention

(a) Intervention of Right

(b) Permissive Intervention

(C) Notice and Pleading Required

25

TIV: Substitution of Parties

(a) Death

(b) Incompetency

(C) Transfer of Interest)

(d) Public Officers; Death or Separation from Office

26

TV: Duty to Disclose; General Provisions Governing Discovery

(a) Required Disclosures

(b) Discovery Scope and Limits

(C) Protective Orders

(d) Timing and Sequence of Discovery

(e) Supplementing Disclosures of Responses

(f) Conference of the Parties; Planning for Discovery

(g) Signing Disclosures and Discovery Requests, Responses, and Objections

27

TV: Depositions to Perpetuate Testimony

(a) Before an Action is Filed

(b) Pending Appeal

(C) Perpetuation by an Action

28

TV: Persons Before Whom Depositions May be Taken

(a) Within the United States

(b) In a Foreign Country

(C) Disqualification

29

TV: Stipulations About Discovery Procedure

Unless ordered otherwise, parties may stipulate that

(a) deposition may be taken before any person at any time, place on an notice

(b) Other procedures governing or limiting Discovery be modified

30

TV: Depositions by Oral Examination

(a) When a Deposition May be Taken

(b) Notice of the Deposition; Other Formal Requirements

(C) Examination and Cross-Examination; Record of the Examination; Objections; Written Questions

(d) Duration, Sanction, Motion to Terminate or Limit

(e) Review by the Witness; Changes

(f) Certification and Delivery; Exhibits; Copies of the Transcript or Recording; Filing

(g) Failure to Attend a Deposition or Serve a Subpoena; Expenses

31

TV: Depositions by Written Questions

(a) When a Deposition May be Taken

(b) Delivery to the Officer; Officer’s Duties

(C) Notice of Completion or Filing

32

TV: Using Depositions in Court Proceedings

(a) Using Depositions

(b) Objections to Admissibility

(C) Form of Presentation

(d) Waiver of Objections

33

TV: Interrogatories to Parties

(a) In General

(b) Answers and Objections

(C) Use

(d) Option to Produce Business Records

34

TV: Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

(a) In General

(b) Procedure

(C) Nonparties

35

TV: Physical and Mental Examinations

(a) Order for an Examination

(b) Examiner’s Report

36

TV: Requests for Admission

(a) Scope and Procedure

(b) Effect of an Admission; Withdrawing or Amending it

37

Failure to Make disclosures or Cooperate in Discovery; Sanctions

(a) Motion for an Order Compelling Disclosure or Discovery

(b) Failure to Comply with a Court Order

(C) Failure to Disclose, to Supplement an Earlier Response, or to Admit

(d) Party’s Failure to Attend Its Own Deposition, Serve answers to Interrogatories or Respond to a Request for Inspection

(e) Failure to Preserve Electronically Stored Information

(f) Failure to Participate in Framing a Discovery Plan

38

TVI: Right to a Jury Trial; Demand

(a) Right Preserved

(b) Demand

(C) Specifying Issues

(d) Waiver; Withdrawal

(e) Admiralty and Maritime Claims

39

TVI: Trial by Jury or by the Court

(a) When a Demand is Made

(b) When No Demand is Made

(C) Advisory Jury; Jury Trial by Consent

40

TVI: Scheduling Cases for Trial

Each court must provide rules for scheduling trials. Must give priority to actions entitled to priority by federal statute

41

TVI: Dismissal of Actions

(a) Voluntary Dismissal

(b) Involuntary Dismissal; Effect

(C) Dismissing a Counterclaim, Crossclaim, or Third-Party Claim

(d) Costs of a Previously Dismissed Action

42

TVI: Consolidation; Separate Trials

(a) Consolidation

(b) Separate Trials

43

TVI: Taking Testimony

(a) In Open Court

(b) Affirmation Instead of an Oath

(C) Evidence of a Motion

(d) Interpreter

44

TVI: Proving an Official Record

(a) Means of Proving

(b) Lack of a Record

(C) Other Proof

44.1

TVI: Determining Foreign Law

A party who intends to use a foreign country’s laws must give notice by pleading or other writing. In determining foreign law, the court may consider any relevant material or source, whether or not it is submitted by a party, and the ruling must be treated as a ruling on a question of law

45

TVI: Subpoena

(a) In General

(b) Service

(C) Place of Compliance

(d) Protecting a Person Subject to a Subpoena; Enforcement

(e) Duties in Responding to a Subpoena

(f) Transferring a Subpoena-Related Motion

(g) Contempt

46

TVI: Objection to a Ruling or Order

Orders or rulings are to state only the outcomes rather than potential objections or exceptions

47

TVI: Selecting Jurors

(a) Examining Jurors

(b) Peremptory Challenges

(C) Excusing a Juror

48

TVI: Number of Jurors; Verdict; Polling

(a) Number of Jurors

(b) Verdict

(C) Polling

49

TVI: Special Verdict; General Verdict and Questions

(a) Special Verdict

(b) General Verdict with Answers to Written Questions

50

TVI: Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

(a) Judgement as a Matter of Law

(b) Renewing the motion After Trial; Alternative Motion for a New Trial

(C) Granting the Renewed Motion; Conditional Ruling on a Motion for a New Trial

(d) Time for a Losing Party’s New-Trial Motion

(e) Denying the Motion for Judgement as a Matter of Law; Reversal on Appeal

51

TVI: Instructions to the Jury; Objections; Preserving a Claim of Error

(a) Requests

(b) Instructions

(C) Objections

(d) Assigning Error; Plain Error

52

TVI: Findings and Conclusions by the Court; Judgement on Partial Findings

(a) Findings and Conclusions

(b) Amended or Additional Findings

(C) Judgement on Partial Findings

53

TVI: Masters

(a) Appointment

(b) Order Appointing a Master

(C) Master’s Authority

(d) Master’s Orders

(e) Master’s Reports

(f) Action on the Master’s Order, Report, or Recommendations

(g) Compensation

(h) Appointing a Magistrate Judge

54

TVII: Judgement; Costs

(a) Definition

(b) Judgement on Multiple Claims or Involving Multiple Parties

(C) Demand for Judgement; Relief to be Granted

(d) Costs; Attorney’s Fees

55

TVII: Default; Default Judgement

(a) Entering a Default

(b) Entering a Default Judgement

(C) Setting Aside a Default Judgement or a Default Judgement

(d) Judgement Against the United States

56

TVII: Summary Judgement

(a) Motion for Summary Judgement or Partial Summary Judgment

(b) Time to File a Motion

(C) Procedures

(d) When Facts are Unavailable to the Nonmovant

(e) Failing to Properly Support or Address a Fact

(f) Judgement Independent of the Motion

(g) Failing to Grant All the Requested Relief

(h) Affidavit or Declaration Submitted in Bad Faith

57

TVII: Declaratory Judgement

The procedure for declaring a judgement under 28 U.S.C. §2201. The court may order a speeding hearing of a declaratory-judgment action.

58

TVII: Entering Judgment

(a) Separate Document

(b) Entering Judgement

(C) Time of Entry

59

TVII: New Trial; Altering or Amending a Judgment

(a) In General

(b) Time to File a Motion for a New Trial

(C) Time to Serve Affidavits

(d) New Trial on the Court’s Initiative or for Reasons not in the Motion

(e) Motion to Alter or Amend a Judgment

60

TVII: Relief from a Judgement or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions

(b) Grounds for Relief from a Final Judgement, Order, or Proceeding

(C) Timing and Effect of the motion

(d) Other Powers to Grant Relief

(e) Bills and Writs Abolished

61

TVII: Harmless Error

Unless justice is required, errors in the admittance or exclusion of evidence is not grounds for granting a new trial.

62

TVII: Stay of Proceedings to Enforce a Judgement

(a) Automatic Stay

(b) Stay by Bond or Other Security

(C) Stay of an Injunction

(d) Injunction Pending an Appeal

(e) Stay Without Bond on an Appeal by the United States, its Officers, or its agencies

(f) Stay in Favor of a Judgment Debtor Under State Law

(g) Appellate Court’s Power not Limited

(h) Stay with Multiple Claims or Parties

62.1

TVII: Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal

(a) Relief Pending Appeal

(b) Notice to the Court of Appeals

(C) Remand

63

TVII: Judge’s Inability to Proceed

If a judge is unable to continue the trial, another judge may proceed upon certifying familiarity with the record.

64

TVIII: Seizing a Person or Property

(a) Remedies Under State Law - In General

(b) Specific Kinds of Remedies

65

TVIII: Injunctions and Restraining orders

(a) Preliminary Injunction

(b) Temporary Restraining Order

(C) Security

(d) Contents and Scope of Every Injunction and Restraining Order

(e) Other Laws not Modified

(f) Copyright Impoundment

65.1

TVIII: Proceedings Against a Security Provider

Rules that allow the appointment of a security provider appoints the court clerk to which the provider is subject to enforcement by the court

66

TVIII: Receivers

The appointment and management of receivers has to be in accordance with the historical practice of federal courts or local rules and may only be dismissed by court order

67

TVIII: Deposit into Court

(a) Depositing Property

(b) Investing and Withdrawing Funds

68

TVIII: Offer of Judgement

(a) Making an Offer; Judgement on an Accepted Offer

(b) Unaccepted Offer

(C) Offer After Liability is Determined

(d) Paying Costs After an Unaccepted Offer

69

TVIII: Execution

(a) In General

(b) Against Certain Public Officers

70

TVIII: Enforcing a Judgement for a Specific Act

(a) Party’s Failure to Act; Ordering Another to Act

(b) Vesting Title

(C) Obtaining a Writ of Attachment or Sequestration

(d) Obtaining

(e) Holding in Contempt

71

TVIII: Enforcing Relief for or against a Nonparty

Orders that grant relief or enforced against nonparties are the same as for a party

71.1

IX: Condemning Real or Personal Property

(a) Applicability of Other Rules

(b) Joinder of Properties

(C) Complaint

(d) Process

(e) Appearance or Answer

(f) Amending Pleadings

(g) Substituting Parties

(h) Trial of the Issues

(i) Dismissal of the Action or the Defendant

(j) Deposit and Its Distribution

(k) Condemnation Under a State’s Power of Eminent Domain

72

IX: Magistrate Judges: Pretrial Order

(a) Nondispositive Matters

(b) Dispositive Motions and Prisoner Petitions

73

IX: Magistrate Judges: Trial by Consent; Appeal

(a) Trial by Consent

(b) Consent Procedure

(C) Appealing a Judgment

77

X: Conducting Business; Clerk’s Authority; Notice of an Order or Judgement

(a) When Court is Open

(b) Place for Trial and Other Proceedings

(C) Clerk’s Office Hours; Clerk’s Orders

(d) Serving Notice of an Order or Judgement

78

X: Hearing Motions; Submission on briefs

(a) Providing a Regular Schedule for Oral hearings

(b) Providing for Submission on Briefs

79

X: Records Kept by the Clerk

(a) Civil Docket

(b) Civil Judgement and Orders

(C) Indexes; Calendars

(d) Other Records

80

X: Stenographic Transcript as Evidence

If stenographically reported testimony at a hearing or trial is admissible in evidence at a later trial, the testimony may be proved by a transcript certified by the person who reported it.

81

XI: Applicability of the Rules in General; Removed Actions

(a) Applicability to Particular Proceedings

(b) Scire Facies and Mandamus

(C) Removed Actions

(d) law Applicable

82

XI: Jurisdiction and Venue Unaffected

These rules do not effect the venue or jurisdiction of district courts

83

XI: Rules by District Courts; Judge’s Directives

(a) Local Rules

(b) Procedure when there is no controlling law

85

XI: Title

These rules may be cited as the Federal Rules of Civil Procedure

86

XI: Effective Dates

(a) In General

(b) December 1, 2007 Amendments

87

XI: Civil Rules Emergency

(a) Conditions for an Emergency

(b) Declaring an Emergency

(C) Emergency Rules