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Federal Rules of Civil Procedure | Table of Contents
(1) Prize Proceedings.
These rules do not apply to prize proceedings in admiralty governed by 10 U.S.C. §§ 7651–7681.
These rules apply to bankruptcy proceedings to the extent provided by the Federal Rules of Bankruptcy Procedure.
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;
(G) 45 U.S.C. § 159, for reviewing an arbitration award in a railway-labor dispute.
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.
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.
(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.
LinksFederal Rules of Civil Procedure
I. 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
4.1. 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
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
23. Class Actions
23.1. Derivative Actions
23.2. Actions Relating to Unincorporated Associations
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
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
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
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
67. Deposit into Court
68. Offer of Judgment
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
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
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
Federal Rules of Civil Procedure
Federal Rules of Appellate Procedure
Federal Rules of Criminal Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual
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