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XI. GENERAL PROVISIONS > Rule 81.
Rule 81. Applicability of the Rules in General; Removed Actions(a) Applicability to Particular Proceedings.(1) Prize Proceedings. These rules do not apply to prize proceedings in admiralty governed by 10 U.S.C. §§ 7651–7681. (2) Bankruptcy. These rules apply to bankruptcy proceedings to the extent provided by the Federal Rules of Bankruptcy Procedure. (3) Citizenship. These rules apply to proceedings for admission to citizenship to the extent that the practice in those proceedings is not specified in federal statutes and has previously conformed to the practice in civil actions. The provisions of 8 U.S.C. § 1451 for service by publication and for answer apply in proceedings to cancel citizenship certificates. (4) Special Writs. These rules apply to proceedings for habeas corpus and for quo warranto to the extent that the practice in those proceedings: (A) is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions. (5) Proceedings Involving a Subpoena. These rules apply to proceedings to compel testimony or the production of documents through a subpoena issued by a United States officer or agency under a federal statute, except as otherwise provided by statute, by local rule, or by court order in the proceedings. (6) Other Proceedings. These rules, to the extent applicable, govern proceedings under the following laws, except as these laws provide other procedures: (A) 7 U.S.C. §§ 292, 499g(c), for reviewing an order of the Secretary of Agriculture; (B) 9 U.S.C., relating to arbitration; (C) 15 U.S.C. § 522, for reviewing an order of the Secretary of the Interior; (D) 15 U.S.C. § 715d(c), for reviewing an order denying a certificate of clearance; (E) 29 U.S.C. §§ 159, 160, for enforcing an order of the National Labor Relations Board; (F) 33 U.S.C. §§ 918, 921, for enforcing or reviewing a compensation order under the Longshore and Harbor Workers' Compensation Act; and (G) 45 U.S.C. § 159, for reviewing an arbitration award in a railway-labor dispute. (b) Scire Facias and Mandamus.The writs of scire facias and mandamus are abolished. Relief previously available through them may be obtained by appropriate action or motion under these rules. (c) Removed Actions.(1) Applicability. These rules apply to a civil action after it is removed from a state court. (2) Further Pleading. After removal, repleading is unnecessary unless the court orders it. A defendant who did not answer before removal must answer or present other defenses or objections under these rules within the longest of these periods: (A) 21 days after receiving — through service or otherwise — a copy of the initial pleading stating the claim for relief; (B) 21 days after being served with the summons for an initial pleading on file at the time of service; or (C) 7 days after the notice of removal is filed. (3) Demand for a Jury Trial. (A) As Affected by State Law. A party who, before removal, expressly demanded a jury trial in accordance with state law need not renew the demand after removal. If the state law did not require an express demand for a jury trial, a party need not make one after removal unless the court orders the parties to do so within a specified time. The court must so order at a party's request and may so order on its own. A party who fails to make a demand when so ordered waives a jury trial. (B) Under Rule 38. If all necessary pleadings have been served at the time of removal, a party entitled to a jury trial under Rule 38 must be given one if the party serves a demand within 14 days after: (i) it files a notice of removal; or (ii) it is served with a notice of removal filed by another party. (d) Law Applicable.(1) State Law. When these rules refer to state law, the term “law” includes the state's statutes and the state's judicial decisions. (2) District of Columbia. The term “state” includes, where appropriate, the District of Columbia. When these rules provide for state law to apply, in the District Court for the District of Columbia: (A) the law applied in the District governs; and (B) the term “federal statute” includes any Act of Congress that applies locally to the District. |
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LinksFederal Rules of Civil ProcedureI. SCOPE OF RULES--ONE FORM OF ACTION 1. Scope of Rules 2. One Form of Action II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS 3. Commencing an Action 4. Summons 4.1. Serving Other Process 5. Serving and Filing Pleadings and Other Papers 5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention 5.2. Privacy Protection For Filings Made with the Court 6. Computing and Extending Time; Time for Motion Papers III. PLEADINGS AND MOTIONS 7. Pleadings Allowed; Form of Motions and Other Papers 7.1. Disclosure Statement 8. General Rules of Pleading 9. Pleading Special Matters 10. Form of Pleadings 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing 13. Counterclaim and Crossclaim 14. Third-Party Practice 15. Amended and Supplemental Pleadings 16. Pretrial Conferences; Scheduling; Management IV. PARTIES 17. Plaintiff and Defendant; Capacity; Public Officers 18. Joinder of Claims 19. Required Joinder of Parties 20. Permissive Joinder of Parties 21. Misjoinder and Nonjoinder of Parties 22. Interpleader 23. Class Actions 23.1. Derivative Actions 23.2. Actions Relating to Unincorporated Associations 24. Intervention 25. Substitution of Parties V. DEPOSITIONS AND DISCOVERY 26. Duty to Disclose; General Provisions Governing Discovery 27. Depositions to Perpetuate Testimony 28. Persons Before Whom Depositions May Be Taken 29. Stipulations Regarding Discovery Procedure 30. Deposition by Oral Examination 31. Depositions by Written Questions 32. Using Depositions in Court Proceedings 33. Interrogatories to Parties 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes 35. Physical and Mental Examinations 36. Requests for Admission 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions VI. TRIALS 38. Right to a Jury Trial; Demand 39. Trial by Jury or by the Court 40. Scheduling Cases for Trial 41. Dismissal of Actions 42. Consolidation; Separate Trials 43. Taking Testimony 44. Proving an Official Record 44.1. Determining Foreign Law 45. Subpoena 46. Objecting to a Ruling or Order 47. Selection of Jurors 48. Number of Jurors: Verdict 49. Special Verdict; General Verdict and Questions 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling 51. Instructions to the Jury; Objections; Preserving a Claim of Error 52. Findings and Conclusions by the Court; Judgment on Partial Findings 53. Masters VII. JUDGMENT 54. Judgments; Costs 55. Default; Default Judgment 56. Summary Judgment 57. Declaratory Judgments 58. Entry of Judgment 59. New Trial; Altering or Amending a Judgment 60. Relief from Judgment or Order 61. Harmless Error 62. Stay of Proceedings to Enforce a Judgment 63. Judges Inability to Proceed VIII. PROVISIONAL AND FINAL REMEDIES 64. Seizing a Person or Property 65. Injunctions and Restraining Orders 65.1 Proceedings Against a Surety 66. Receivers 67. Deposit into Court 68. Offer of Judgment 69. Execution 70. Enforcing a Judgment for a Specific Act 71. Enforcing Relief For or Against a Nonparty IX. SPECIAL PROCEEDINGS 71.1 Condemning Real or Personal Property 72. Magistrate Judges: Pretrial Orders 73. Magistrate Judges: Trial by Consent; Appeal 74. [Abrogated] 75. [Abrogated] 76. [Abrogated] X. DISTRICT COURTS AND CLERKS 77. Conducting Business; Clerks Authority; Notice of an Order or Judgment 78. Hearing Motions; Submission on Briefs 79. Records Kept by the Clerk 80. Stenographic Transcript as Evidence XI. GENERAL PROVISIONS 81. Applicability of the Rules in General; Removed Actions 82. Jurisdiction and Venue Unaffected 83. Rules by District Courts; Judge's Directives 84. Forms 85. Title 86. Effective Date XII. APPENDIX OF FORMS (U.S. Courts site) XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS A. Scope of Rules B. In Personam Actions: Attachment and Garnishment C. Actions in Rem: Special Provisions D. Possessory, Petitory, and Partition Actions E. Actions in Rem and Quasi in Rem: General Provisions F. Limitation of Liability G. Forfeiture Actions In Rem |
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