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

by the 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

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.