Rules of Civil Procedure for the United States District Courts

HISTORICAL NOTE

By the act of June 19, 1934 (ch. 651, 48 Stat. 1064; subsequently 28 U.S. Code § 2072) the Supreme Court was authorized to prescribe general rules of civil procedure for the district courts. The rules, and subsequent amendments, were not to take effect until (1) they had been first reported to the Congress by the Attorney General at the beginning of a regular session and (2) after the close of that session.

By the terms of a 1949 amendment to 28 U.S.C. § 2072, the Chief Justice of the United States, instead of the Attorney General, now reports the rules to the Congress. In 1950, that section was further amended so that amendments to the rules may be reported to Congress not later than May 1 each year and become effective 90 days after being reported.

The original rules, pursuant to the 1934 act, were adopted by order of the Court on December 20, 1937, were transmitted to the Congress by the Attorney General on January 3, 1938, and became effective on September 16, 1938 (308 U.S. 645; Cong. Rec., vol. 83, pt. 1, p. 13; Exec. Comm. 905).

Rule 81(a) (6) was abrogated by order of the Court on December 28, 1939, transmitted to the Congress by the Attorney General on January 3, 1940, becoming effective April 3, 1941 (308 U.S. 642; Cong. Rec., vol. 86, pt. 1, p. 14).

Further amendments were adopted by the Supreme Court by order dated December 27, 1946, were transmitted to the Congress by the Attorney General on January 3, 1947, and became effective March 19, 1948 (329 U.S. 841, Cong. Rec., vol. 93, pt. 1, p. 41; Exec. Comm. 32). The amendments affected Rules 6, 7, 12, 13, 14, 17, 24, 26, 27, 28, 33, 34, 36, 41, 45, 52, 54, 56, 58, 59, 60, 62, 65, 66, 68, 73, 75, 77, 79, 81, 84, and 86; and Forms 17, 20, 22, and 25.

Additional amendments were adopted by the Court by order dated December 29, 1948, were transmitted to the Congress by the Attorney General on January 3, 1949, and became effective on October 20, 1949 (335 U.S. 919; Cong. Rec., vol. 95, pt. 1, p. 94; Exec. Comm. 24). The amendments affected Rules 1, 17, 22, 24, 25, 27, 37, 45, 57, 60, 62, 65, 66, 67, 69, 72, 73, 74, 75, 76, 79, 81, 82, and 86; and Forms 1, 19, 22, 23, and 27.

Amendment to Rule 81 (a) (7) and new Rule 71A and Forms 28 and 29 were adopted by the Court order April 30, 1951, were transmitted to the Congress on May 1, 1951, and became effective on August 1, 1951 (341 U.S. 959; Cong. Rec., vol. 97, pt. 4, p. 4666; Exec. Comm. 414).

Additional amendments were adopted by the Court by order dated April 17, 1961, were reported to the Congress by the Chief Justice on April 18, 1961, and became effective on July 19, 1961 (365 U.S. 891; Cong. Rec., vol. 107, p. 6144; Exec. Comm. 821). The amendments affected Rules 25, 54, 62, and 86, and Forms 2 and 19.

Additional amendments were adopted by the Court by order dated January 21, 1963 (374 U.S. —), were reported to the Congress by

the Chief Justice (Exec. Comm. 267), and became effective on July 1, 1963, by order of the Court dated March 19, 1963 (374 U.S. —; Exec. Comm. 569). The amendments affected Rules 4, 5, 6, 7, 12, 13, 14, 15, 24, 25, 26, 28, 30, 41, 49, 50, 52, 56, 58, 71A, 77, 79, 81, and 86, and Forms 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 18, 21, 22-A, and 22-B, and added Forms 30, 31, and 32.

Advisory Committee Notes

The notes of the Advisory Committee appointed by the Supreme Court to assist in preparing the rules and amendments are set out in Title 28, United States Code, following the particular rule to which they relate. In addition, the rules and amendments, together with Advisory Committee notes, are set out in House Document 460, 75th Congress; House Document 46, 80th Congress; House Document 473, 80th Congress; House Document 33, 81st Congress; House Document 121, 82d Congress, and House Document 67, 88th Congress.

II. Commencement of Action; Service of Process, Pleadings, Motions, and Orders:

Rule 3. Commencement of Action __

Same: service upon party not inhabitant of or found
within State__.

(f) Territorial limits of effective service_

(i) Alternative provisions for service in a foreign country-

Rule 5. Service and Filing of Pleadings and Other Papers:
(a) Service: when required..

(b) Same: how made..

(d) For motions-affidavits___

(e) Additional time after service by mail_

III. Pleadings and Motions:

Rule 7. Pleadings Allowed; Form of Motions:

(a) Pleadings...

(b) Motions and other papers

Rule 8. General Rules of Pleading:

(a) Claims for relief__

(b) Defenses; form of denials.

(d) Effect of failure to deny..

(e) Pleading to be concise and direct; consistency.
(f) Construction of pleadings.

Rule 9. Pleading Special Matters:

(a) Capacity...

(b) Fraud, mistake, condition of the mind.

Conditions precedent

(d) Official document or act_

(e) Judgment _ _ _.

(f) Time and place_

(g) Special damage_

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III. Pleadings and Motions-Continued
Rule 10. Form of Pleadings:

(a) Caption; names of parties__.
(b) Paragraphs; separate statements.
(c) Adoption by reference; exhibits.

Rule 11. Signing of Pleadings.

Rule 12. Defenses and Objections-When and How Pre

sented By Pleading or Motion-Motion for Judgment on
Pleadings:

(a) When presented..

(b) How presented..

Motion for judgment on the pleadings_

(d) Preliminary hearings---

Motion for more definite statement_

(f) Motion to strike...

(g) Consolidation of defenses..

(h) Waiver of defenses.

Rule 13. Counterclaim and Cross-Claim:

(a) Compulsory counterclaims___

(b) Permissive counterclaims__

Counterclaim exceeding opposing claim.
Counterclaim against the United States.

Counterclaim maturing or acquired after pleading-
Omitted counterclaim__.

Cross-claim against co-party

(h) Additional parties may be brought in
(i) Separate trials; separate judgments...
Rule 14. Third-Party Practice:

(a) When defendant may bring in third party_
(b) When plaintiff may bring in third party.
Rule 15. Amended and Supplemental Pleadings:
(a) Amendments_

(b) Amendments to conform to the evidence_
(c) Relation back of amendments__.

(d) Supplemental pleadings..

Rule 16. Pre-Trial Procedure; Formulating Issues__

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IV. Parties:

(b) Effect of failure to join..

V. Depositions and Discovery:

Rule 26. Depositions Pending Action:
(a) When depositions may be taken..
(b) Scope of examination.

(e) Objections to admissibility

(f) Effect of taking or using depositions.

Rule 27. Depositions Before Action or Pending Appeal:

(a) Before action:

Page

Rule 28. Persons Before Whom Depositions May Be Taken:

Rule 29. Stipulations Regarding the Taking of Depositions.
Rule 30. Depositions Upon Oral Examination:

(a) Notice of examination; time and place... –

(b) Orders for the protection of parties and deponents....
(c) Record of examination; oath; objections.
(d) Motion to terminate or limit examination_
Submission to witness; changes; signing..

(f) Certification and filing by officer; copies; notice of filing.
Failure to attend or to serve subpoena; expenses_

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