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FEDERAL RULES OF CIVIL PROCEDURE , f317247f33a02638 (2020)

FEDERAL RULES OF CIVIL PROCEDURE Effective September 16, 1938, as amended to December 1, 2010.

RULE A. SCOPE OF RULES. , 29fa56401237cebc (2020)

SCOPE OF RULES. (1) These Supplemental Rules apply to: (A) the procedure in admiralty and maritime claims within the meaning of Rule 9(h) with respect to the following (2) The Federal Rules of Civil Procedure also apply to the foregoing proceedings except to the extent that they are inconsistent with these Supplemental

Rule 81. Applicability of the Rules in General; Removed Actions , 81 (2020)

These rules apply to bankruptcy proceedings to the extent provided by the Federal Rules of Bankruptcy Procedure. (3) Citizenship. in civil actions These rules apply to a civil action after it is removed from a state court. (2) Further Pleading.

Rule 85. Title , 85 (2020)

Title These rules may be cited as the Federal Rules of Civil Procedure. [Amended April 30, 2007, effective December 1, 2007.]

Form 3. Summons. , d0439f9ccce5817c (2020)

Within 20 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. Date ________________ _______________________________ Clerk of Court (Court Seal) (Use

Form 4. Summons on a Third-Party Complaint. , f4c9f31599bf19fd (2020)

Within 20 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff and on the defendant an answer to the attached third-party complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. A copy of the plaintiff's complaint is also attached. You may — but are not required to — respond to it.

Rule 58. Entering Judgment , 58 (2020)

For purposes of these rules, judgment is entered at the following times: (1) if a separate document is not required, when the judgment is entered in the of these events occurs: (A) it is set out in a separate document; or (B) 150 days have run from the entry in the civil docket. to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule59.

Form 6. Waiver of the Service of Summons. , 7cf30a6fe4448869 (2020)

Waiver of the Service of Summons. (Caption — See Form 1.) a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving

Rule 83. Rules by District Courts; Judge's Directives , 83 (2020)

(b) Procedure When There Is No Controlling Law. A judge may regulate practice in any manner consistent with federal law, rules adopted under28 U.S.C. §§ 2072 and 2075, and the district's local rules. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local rules unless the

Rule 1. Scope and Purpose , 1 (2020)

Scope and Purpose These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.

Rule 69. Execution , 69 (2020)

The procedure on execution — and in proceedings supplementary to and in aid of judgment or execution — must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies — including the judgment debtor — as provided in these rules or by the procedure of the state where the court is located.

RULE G. FORFEITURE ACTIONS IN REM , d56428d25c0c66cf (2020)

This rule governs a forfeiture action in rem arising from a federal statute. To the extent that this rule does not address an issue, Supplemental Rules C and E and the Federal Rules of Civil Procedure also apply. conduct civil discovery on the defense

Rule 8. General Rules of Pleading , 8 (2020)

General Rules of Pleading (a) Claim for Relief. of a denial (6) Effect of Failing to Deny.

Rule 4.1. Serving Other Process , 4.1 (2020)

It may be served anywhere within the territorial limits of the state where the district court is located and, if authorized by a federal statute, beyond Proof of service must be made under Rule 4(1). (b) Enforcing Orders: Committing for Civil Contempt. An order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced in any district.

Rule 43. Taking Testimony , 43 (2020)

At trial, the witnesses' testimony must be taken in open court unless a federal statute, the Federal Rules of Evidence, these rules, or other rules adopted (b) Affirmation Instead of an Oath. When these rules require an oath, a solemn affirmation suffices. (c) Evidence on a Motion. The court may appoint an interpreter of its choosing; fix reasonable compensation to be paid from funds provided by law or by one or more parties; and

Rule 57. Declaratory Judgment , 57 (2020)

Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. § 2201. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate.

Rule 73. Magistrate Judges: Trial by Consent; Appeal , 73 (2020)

. § 636(c), a magistrate judge may, if all parties consent, conduct a civil action or proceeding, including a jury or nonjury trial. (b) Consent Procedure. (1) In General. When a magistrate judge has been designated to conduct civil actions or proceedings, the clerk must give the parties written notice of their opportunity

Rule 32. Using Depositions in Court Proceedings , 32 (2020)

of the deposition or had reasonable notice of it; (B) it is used to the extent it would be admissible under the Federal Rules of Evidence if the deponent Rules of Evidence A deposition previously taken may also be used as allowed by the Federal Rules of Evidence. (b) Objections to Admissibility.

Rule 4. Summons , 4 (2020)

When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of each by registered or certified mail to the civil-process clerk at the United States attorney's office; (B) send a copy of each by registered or certified (1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute.

Rule 82. Jurisdiction and Venue Unaffected , 82 (2020)

Jurisdiction and Venue Unaffected These rules do not extend or limit the jurisdiction of the district courts or the venue of actions in those courts An admiralty or maritime claim under Rule 9(h) is not a civil action for purposes of28 U.S.C. §§ 1391-1392.

Rule 30. Depositions by Oral Examination , 30 (2020)

For the purpose of this rule and Rules 28(a), 37(a)(2), and37(b)(1), the deposition takes place where the deponent answers the questions. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules. The examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615.

Rule 29. Stipulations About Discovery Procedure , 29 (2020)

Stipulations About Discovery Procedure Unless the court orders otherwise, the parties may stipulate that: (a) a deposition may be taken before any way as any other deposition; and (b) other procedures governing or limiting discovery be modified — but a stipulation extending the time for any form of

Rule 41. Dismissal of Actions , 41 (2020)

Subject to Rules 23(e), 23.1(c), 23.2, and66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: But if the plaintiff previously dismissed any federal-or state-court action based on or including the same claim, a notice of dismissal operates as an If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.

Rule 64. Seizing a Person or Property , 64 (2020)

At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing But a federal statute governs to the extent it applies. (b) Specific Kinds of Remedies. The remedies available under this rule include the following — however designated and regardless of whether state procedure requires an independent action

Rule 26. Duty to Disclose; General Provisions Governing Discovery , 26 (2020)

present evidence under Federal Rule of Evidence 702, 703, or 705. An objection not so made — except for one under Federal Rule of Evidence 402 or 403 — is waived unless excused by the court for good cause. By order, the court may alter the limits in these rules on the number of depositions and interrogatories or on the length of depositions under Rule 30.

Rule 71.1. Condemning Real or Personal Property , 71.1 (2020)

Condemning Real or Personal Property (a) Applicability of Other Rules. These rules govern proceedings to condemn real and personal property by eminent domain, except as this rule provides otherwise. " (4) Procedure.

Rule 62.1. Indicative Ruling on a Motion for Relief Thatis Barred by a Pending Appeal , 62.1 (2020)

(b) Notice to the Court of Appeals. The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion The district court may decide the motion if the court of appeals remands for that purpose. Added effective December 1, 2009

Rule 44.1. Determining Foreign Law , 44.1 (2020)

foreign law, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence. The court's determination must be treated as a ruling on a question of law. [Amended April 30, 2007, effective December 1, 2007.]

Rule 66. Receivers , 66 (2020)

Receivers These rules govern an action in which the appointment of a receiver is sought or a receiver sues or is sued. But the practice in administering an estate by a receiver or a similar court-appointed officer must accord with the historical practice in federal courts

Rule 28. Persons Before Whom Depositions May Be Taken , 28 (2020)

insular possession subject to United States jurisdiction, a deposition must be taken before: (A) an officer authorized to administer oaths either by federal The term "officer" in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a). a "letter rogatory"; (C) on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or

Rule 54. Judgment; Costs , 54 (2020)

"Judgment" as used in these rules includes a decree and any order from which an appeal lies. Unless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney's fees — should be allowed to the prevailing party Subparagraphs (A)-(D) do not apply to claims for fees and expenses as sanctions for violating these rules or as sanctions under28 U.S.C. § 1927.

Rule 77. Conducting Business; Clerk's Authority; Notice of an Order orJudgment , 77 (2020)

(d) Serving Notice of an Order or Judgment. (1) Service. A party also may serve notice of the entry as provided in Rule 5(b). (2) Time to Appeal Not Affected by Lack of Notice. time allowed, except as allowed by Federal Rule of Appellate Procedure (4)(a).

Rule 38. Right to a Jury Trial; Demand , 38 (2020)

The right of trial by jury as declared by the Seventh Amendment to the Constitution — or as provided by a federal statute — is preserved to the parties On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand — which may be included These rules do not create a right to a jury trial on issues in a claim that is an admiralty or maritime claim under Rule 9(h).

Rule 45. Subpoena , 45 (2020)

Every subpoena must: (i) state the court from which it issued; (ii) state the title of the action, the court in which it is pending, and its civil-action deposition, hearing, trial, production, or inspection; or (D) that the court authorizes on motion and for good cause, if a federal statute so provides If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for

Rule 33. Interrogatories to Parties , 33 (2020)

An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the An answer to an interrogatory may be used to the extent allowed by the Federal Rules of Evidence. (d) Option to Produce Business Records. examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically stored information), and if the burden of

RULE E. ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS. , c5af376c2eca62e7 (2020)

, possessory, and partition actions, supplementing Rules B, C, and D (f) Procedure for Release From Arrest or Attachment Whenever property is arrested or attached, any person claiming an interest in it shall be entitled an order of the court; but such order may be entered as of course by the clerk, upon the giving of approved security as provided by law and these rules

Form 13. Complaint for Negligence Under the Federal Employers' LiabilityAct. , 335f57afc19b83cb (2020)

Complaint for Negligence Under the Federal Employers' LiabilityAct. (Caption — See Form 1.) 1. (Statement of Jurisdiction — See Form 7.) 2. The defendant's negligence caused the plaintiff to be injured by a rock that fell from an unsupported portion of the tunnel. 6.

Rule 16. Pretrial Conferences; Scheduling; Management , 16 (2020)

The scheduling order may: (i) modify the timing of disclosures under Rules 26(a) and 26(e)(1); (ii) modify the extent of discovery; (iii) provide for evidence; (D) avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under Federal Rule of Evidence 702; (E) determining and discovery under Rule 26 and Rules 29 through 37; (G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs

Rule 65. Injunctions and Restraining Orders , 65 (2020)

(d) Contents and Scope of Every Injunction and Restraining Order. (1) Contents. These rules do not modify the following: (1) any federal statute relating to temporary restraining orders or preliminary injunctions in actions affecting employer and employee; (2) 28 U.S.C. § 2361, which relates to preliminary injunctions in actions of interpleader or in the nature of interpleader; or

Rule 79. Records Kept by the Clerk , 79 (2020)

The clerk must keep a record known as the "civil docket" in the form and manner prescribed by the Director of the Administrative Office of the United States The clerk must enter each civil action in the docket. (b) Civil Judgments and Orders.

Rule 23.2. Actions Relating to Unincorporated Associations , 23.2 (2020)

Actions Relating to Unincorporated Associations This rule applies to an action brought by or against the members of an unincorporated association as The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. dismissal, or compromise must correspond with the procedure in Rule 23(e).

Rule 27. Depositions to Perpetuate Testimony , 27 (2020)

The depositions may then be taken under these rules, and the court may issue orders like those authorized by Rules 34 and 35. A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was issue orders like those authorized by Rules 34 and 35.

Rule 2. One Form of Action , 2 (2020)

One Form of Action There is one form of action — the civil action. [Amended April 30, 2007, effective December 1, 2007.]

Rule 24. Intervention , 24 (2020)

Intervention (a) Intervention of Right. an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical or defense that shares with the main action a common question of law or fact

Rule 5.1. Constitutional Challenge to a Statute — Notice, Certification,and Intervention , 5.1 (2020)

A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly: (1) file a notice of constitutional question stating the question and identifying the paper that raises it, if: (A) a federal statute is questioned and the notice and paper on the Attorney General of the United States if a federal statute is questioned — or on the state attorney general if a state statute

Rule 6. Computing and Extending Time; Time for Motion Papers , 6 (2020)

The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).

Form 1. Caption. , 51a7badc34047092 (2020)

United States District Court for the _________ District of __________ A B, Plaintiff ) ) v. ) ) Civil Action No. ______ C D, Defendant ) ) v. ) ) E F, Third-Party Defendant ) ((Use if needed.) ) (Name of Document

Rule 65.1. Proceedings Against a Surety , 65.1 (2020)

Proceedings Against a Surety Whenever these rules (including the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions) with one or more sureties, each surety submits to the court's jurisdiction and irrevocably appoints the court clerk as its agent for receiving service of The motion and any notice that the court orders may be served on the court clerk, who must promptly mail a copy of each to every surety whose address is

Rule 86. Effective Dates , 86 (2020)

These rules and any amendments take effect at the time specified by the Supreme Court, subject to 28 U.S.C. § 2074. If any provision in Rules 1-5.1,6-73, or 77-86 conflicts with another law, priority in time for the purpose of 28 U.S.C. § 2072(b) is not affected by the

Rule 22. Interpleader , 22 (2020)

or are adverse and independent rather than identical; or (B) the plaintiff denies liability in whole or in part to any or all of the claimants (b) Relation to Other Rules and Statutes. This rule supplements — and does not limit — the joinder of parties allowed by Rule 20. An action under those statutes must be conducted under these rules. [Amended April 30, 2007, effective December 1, 2007.]