RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS (As amended to January 12, 1983) (c) Demurrers, Pleas, etc., Abolished. General Rules of Pleading. (a) Claims for Relief. (b) Defenses; Form of Denials. (c) Affirmative Defenses. (d) Effect of Failure To Deny. (e) Pleading To Be Concise and Direct; Consistency. (f) Construction of Pleadings. Pleading Special Matters. (a) Capacity. (b) Fraud, Mistake, Condition of the Mind. (c) Conditions Precedent. (d) Official Document or Act. (e) Judgment. (f) Time and Place. (g) Special Damage. (h) Admiralty and Maritime Claims. Form of Pleadings. (a) Caption; Names of Parties. (b) Paragraphs; Separate Statements. (c) Adoption by Reference; Exhibits. Signing of Pleadings. Defenses and Objections-When and How Presented By Pleading or MotionMotion for Judgment on the Pleadings. (a) When Presented. (b) How Presented. (c) Motion for Judgment on the Pleadings. (d) Preliminary Hearings. (e) Motion for More Definite Statement. (g) Consolidation of Defense in Motion. Defenses. Counterclaim and Cross-Claim. (a) Compulsory Counterclaims. (b) Permissive Counterclaims. (c) Counterclaim Exceeding Opposing Claim. (d) Counterclaim Against the United States. (e) Counterclaim Maturing or Acquired After Pleading. (f) Omitted Counterclaim. (g) Cross-Claim Against Co-Party. (1) Separate Trials; Separate Judgments. Third-Party Practice. (a) When Defendant May Bring in Third Party. (b) When Plaintiff May Bring in Third Party. (c) Admiralty and Maritime Claims. Amended and Supplemental Pleadings. (a) Amendments. (b) Amendments To Conform to the Evi dence. (c) Relation Back of Amendments. (d) Supplemental Pleadings. (b) Notice of Examination: General Requirements; Special Notice; NonStenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone. (c) Examination and Cross-Examination; Record of Examination; Oath; Objections. (d) Motion To Terminate or Limit Examination. (e) Submission to Witness; Changes; Signing. (f) Certification and Filing by Officer, Exhibits; Copies; Notice of Filing. (g) Failure To Attend or To Serve Subpoena; Expenses. Depositions Upon Written Questions. (a) Serving Questions; Notice. (b) Officer To Take Responses and Pre pare Record. (c) Notice of Filing. Use of Depositions in Court Proceedings. (a) Use of Depositions. (b) Objections to Admissibility. [(c) Abrogated.] (d) Effect of Errors and Irregularities in Depositions. (1) As to Notice. (2) As to Disqualification of Of ficer. (3) As to Taking of Deposition. Interrogatories to Parties. (a) Availability; Procedures for Use. (c) Option To Produce Records. Business Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes. (a) Scope. (b) Procedure. (c) Persons Not Parties. Physical and Mental Examination of Per sons. (a) Order for Examination. (b) Report of Examining Physician. Requests for Admission of Documents. (a) Request for Admission. (b) Effect of Admission. Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Discov ery. (1) Appropriate Court. (2) Motion. (3) Evasive ог Incomplete Answer. (4) Award of Expenses of Rule 16. Rule Pre-Trial Procedure; Formulating Issues. 17. 18. 19. IV. PARTIES Parties Plaintiff and Defendant; Capacity. (b) Capacity To Sue or Be Sued. (a) Joinder of Claims. (b) Joinder of Remedies; Fraudulent Joinder of Persons Needed for Just Adjudica- (a) Persons To Be Joined If Feasible. (c) Pleading Reasons for Nonjoinder. 20. Permissive Joinder of Parties. 21. 22. 23. (a) Permissive Joinder. (b) Separate Trials. 31. Misjoinder and Non-Joinder of Parties. 32. Class Actions. (a) Prerequisites to a Class Action. (c) Determination by Order Whether 23.1. 23.2. Derivative Actions by Shareholders. 33. 24. Intervention. (a) Intervention of Right. (b) Permissive Intervention. (c) Procedure. Substitution of Parties. 34. 25. (a) Death. (b) Incompetency. (c) Transfer of Interest. (d) Public Officers; Death or Separation 35. V. DEPOSITIONS AND DISCOVERY 26. General Provisions Governing Discovery. 36. (a) Discovery Methods. (b) Scope of Discovery. (1) In General. 37. (2) Insurance Agreements. (3) Trial Preparation: Materials. (4) Trial Preparation: Experts. (c) Protective Orders. (d) Sequence and Timing of Discovery. (e) Supplementation of Responses. (f) Discovery Conference. Before Action or 27. Depositions Appeal. (a) Before Action. (1) Petition. (2) Notice and Service. (4) Use of Deposition. 28. 29. 30. Pending (3) Order and Examination. (b) Pending Appeal. (c) Perpetuation by Action. Persons Before Whom Depositions May Be (a) Within the United States. (b) In Foreign Countries. (c) Disqualification for Interest. Stipulations Regarding Discovery Procedure. (a) When Depositions May Be Taken. Motion. (b) Failure To Comply With Order. (2) Sanctions by Court in Which Action Is Pending. (c) Expenses on Failure To Admit. (d) Failure of Party To Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. [(e) Abrogated.] [(f) Repealed.] (g) Failure To Participate in the Fram ing of a Discovery Plan. Rule (e) Report. 54. (1) Contents and Filing. (2) In Non-Jury Actions. (3) In Jury Actions. (4) Stipulation as to Findings. (5) Draft Report. VII. JUDGMENT Judgments; Costs. (a) Definition; Form. (b) Judgment Upon Multiple Claims or Involving Multiple Parties. (c) Demand for Judgment. (d) Costs. 55. Default. 56. (a) Entry. (b) Judgment. (1) By the Clerk. (2) By the Court. (c) Setting Aside Default. (d) Plaintiffs, Counterclaimants, CrossClaimants. (e) Judgment Against the United States. Summary Judgment. (a) For Claimant. (b) For Defending Party. (c) Motion and Proceedings Thereon. (d) Case Not Fully Adjudicated on VI. TRIALS Rule 38. Jury Trial of Right. (a) Right Preserved. (b) Demand. (c) Same: Specification of Issues. (d) Waiver. (a) By Jury. 39. (e) Admiralty and Maritime Claims. Trial by Jury or by the Court. (b) By the Court. 40. (c) Advisory Jury and Trial by Consent. 42. 43. 44. (a) Voluntary Dismissal: Effect Thereof. (b) Involuntary Dismissal: Effect There- (c) Dismissal of Counterclaim, Cross (d) Costs of Previously-Dismissed Action. (a) Consolidation. (b) Separate Trials. Taking of Testimony. (a) Form. [(b), (c) Abrogated.] (d) Affirmation in Lieu of Oath. (e) Evidence on Motions. (f) Interpreters. Proof of Official Record. (a) Authentication. (1) Domestic. (2) Foreign. (b) Lack of Record. (c) Other Proof. 44.1. 45. Determination of Foreign Law. Subpoena. (a) For Attendance of Witnesses; Form; 57. 58. 59. (b) For Production of Documentary Evi dence. (c) Service. (d) Subpoena for Taking Depositions; 60. (e) Subpoena for a Hearing or Trial. 46. Exceptions Unnecessary. Jurors. (a) Examination of Jurors. (b) Alternate Jurors. 48. 49. 50. Juries of Less Than Twelve-Majority Ver- Special Verdicts and Interrogatories. (a) Special Verdicts. (b) General Verdict Accompanied by (a) Motion for Directed Verdict: When (b) Motion for Judgment Notwithstand- 61. 62. (c) Same: Conditional Rulings on Grant 63. (d) Same: Denial of Motion. Instructions to Jury: Objection. Motion. (e) Form of Affidavits; Further Testimo ny; Defense Required. (f) When Affidavits Are Unavailable. (g) Affidavits Made in Bad Faith. Declaratory Judgments. Entry of Judgment. New Trials; Amendment of Judgments. (a) Grounds. (b) Time for Motion. (c) Time for Serving Affidavits. (d) On Initiative of Court. (e) Motion To Alter or Amend a Judg. ment. Relief From Judgment or Order. (a) Clerical Mistakes. (b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. Harmless Error. Stay of Proceedings To Enforce a Judgment. (b) Stay on Motion for New Trial or for (c) Injunction Pending Appeal. (e) Stay in Favor of the United States or (f) Stay According to State Law. (g) Power of Appellate Court Not Limit ed. (h) Stay of Judgment as to Multiple Claims or Multiple Parties. Disability of a Judge. VIII. PROVISIONAL AND FINAL REMEDIES AND 51. 52. Findings by the Court. (a) Effect. (b) Amendment. 53. Masters. 64. (a) Appointment and Compensation. 65. (b) Reference. (c) Powers. (d) Proceedings. (1) Meetings. (2) Witnesses. (3) Statement of Accounts. SPECIAL PROCEEDINGS Seizure of Person or Property. Injunctions. (a) Preliminary Injunction. (1) Notice. (2) Consolidation of Hearing With Trial on Merits. (b) Temporary Restraining Order; Notice; Hearing; Duration. 71A. (e) Employer and Employee; pleader; Constitutional Cases. Security: Proceedings Against Sureties. Receivers Appointed by Federal Courts. Deposit in Court. Offer of Judgment. Execution. (a) In General. Effective Date. (a) [Effective Date of Original Rules]. (b) Effective Date of Amendments. (c) Effective Date of Amendments. (d) Effective Date of Amendments. (e) Effective Date of Amendments. APPENDIX OF FORMS Summons. Allegation of Jurisdiction. Complaint on a Promissory Note. Complaint on an Account. Complaint for Goods Sold and Delivered. Complaint for Money Paid by Mistake. Complaint for Negligence. 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. Complaint for Conversion. Complaint for Specific Performance of Contract To Convey Land. Complaint on Claim for Debt and To Set Aside Fraudulent Conveyance Under Rule 18(b). Complaint for Negligence Under Federal Employer's Liability Act. Complaint for Damages Under Merchant Marine Act. Complaint for Infringement of Patent. Complaint for Infringement of Copyright and Unfair Competition. Complaint for Interpleader and Declaratory Relief. Notice and Acknowledgment for Service by Mail. 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). Answer Presenting Defenses Under Rule 12(b). Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader. Superseded.] 22-A. Summons and Complaint Against ThirdParty Defendant. (a) Civil Docket. 22-B. Motion To Bring in Third-Party Defendant. Motion To Intervene as a Defendant under Rule 24. (d) Other Books and Records of the Clerk. 24. Motion for Production of Documents, etc., Under Rule 34. Request for Admission Under Rule 36. script as Evidence. 26. (c) Removed Actions. [(d) Abrogated.] Rule 82. Jurisdiction and Venue Unaffected. |