[House Document 110-27]
[From the U.S. Government Publishing Office]
110th Congress, 1st Session - - - - - - - - - - - - House Document 110-27
AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE
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COMMUNICATION
from
THE CHIEF JUSTICE, THE SUPREME COURT OF THE UNITED STATES
TRANSMITTING
AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE THAT HAVE BEEN
ADOPTED BY THE SUPREME COURT, PURSUANT TO 28 U.S.C. 2072
April 30, 2007.--Referred to the Committee on the Judiciary and ordered
to be printed
AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE
April 30, 2007.--Referred to the Committee on the Judiciary and ordered
to be printed
LETTER OF SUBMITTAL
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Supreme Court of the United States,
Washington, DC, April 30, 2007.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam. Speaker: I have the honor to submit to the
Congress the amendments to the Federal Rules of Civil Procedure
that have been adopted by the Supreme Court of the United
States pursuant to Section 2072 of Title 28, United States
Code.
Accompanying these rules are excerpts from the report of
the Judicial Conference of the United States containing the
Committee Notes submitted to the Court for its consideration
pursuant to Section 331 of Title 28, United States Code.
Sincerely,
John G. Roberts, Jr.,
Chief Justice.
C O N T E N T S
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FEDERAL RULES OF CIVIL PROCEDURE Page
TITLE I. SCOPE OF RULES; FORM OF ACTION
Rule 1. Scope and Purpose......... 2
Rule 2. One Form of Action........ 2
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS,
PLEADINGS, MOTIONS, AND ORDERS
Rule 3. Commencing an Action...... 2
Rule 4. Summons................... 3
Rule 4.1. Serving Other Process..... 21
Rule 5. Serving and Filing 23
Pleadings and Other
Papers.
Rule 5.1. Constitutional Challenge 30
to a Statute--Notice,
Certification, and
Intervention.
Rule 5.2. Privacy Protection for 32
Filings Made with the
Court.
Rule 6. Computing and Extending 37
Time; Time for Motion
Papers.
TITLE III. PLEADINGS AND MOTIONS
Rule 7. Pleadings Allowed; Form of 41
Motions and Other Papers.
Rule 7.1. Disclosure Statement...... 42
Rule 8. General Rules of Pleading. 43
Rule 9. Pleading Special Matters.. 48
Rule 10. Form of Pleadings......... 52
Rule 11. Signing Pleadings, 53
Motions, and Other
Papers; Representations
to the Court; Sanctions.
Rule 12. Defenses and Objections: 59
When and How Presented;
Motion for Judgment on
the Pleadings;
Consolidating Motions;
Waiving Defenses;
Pretrial Hearing.
Rule 13. Counterclaim and 67
Crossclaim.
Rule 14. Third-Party Practice...... 71
Rule 15. Amended and Supplemental 76
Pleadings.
Rule 16. Pretrial Conferences; 81
Scheduling; Management.
TITLE IV. PARTIES
Rule 17. Plaintiff and Defendant; 90
Capacity; Public Officers.
Rule 18. Joinder of Claims......... 94
Rule 19. Required Joinder of 95
Parties.
Rule 20. Permissive Joinder of 98
Parties.
Rule 21. Misjoinder and Nonjoinder 100
of Parties.
Rule 22. Interpleader.............. 101
Rule 23. Class Actions............. 102
Rule 23.1. Derivative Actions........ 116
Rule 23.2. Actions Relating to 118
Unincorporated
Associations.
Rule 24. Intervention.............. 119
Rule 25. Substitution of Parties... 121
TITLE V. DISCLOSURES AND DISCOVERY
Rule 26. Duty to Disclose; General 124
Provisions Governing
Discovery.
Rule 27. Depositions to Perpetuate 157
Testimony.
Rule 28. Persons Before Whom 162
Depositions May Be Taken.
Rule 29. Stipulations About 166
Discovery Procedure.
Rule 30. Depositions by Oral 166
Examination.
Rule 31. Depositions by Written 182
Questions.
Rule 32. Using Depositions in Court 186
Proceedings.
Rule 33. Interrogatories to Parties 194
Rule 34. Producing Documents, 198
Electronically Stored
Information, and Tangible
Things, or Entering onto
Land, for Inspection and
Other Purposes.
Rule 35. Physical and Mental 203
Examinations.
Rule 36. Reuqests for Admission.... 206
Rule 37. Failure to Make 210
Disclosures or to
Cooperate in Discovery;
Sanctions.
TITLE VI. TRIALS
Rule 38. Right to a Jury Trial; 224
Demand.
Rule 39. Trial by Jury or by the 226
Court.
Rule 40. Scheduling Cases for Trial 228
Rule 41. Dismissal of Actions...... 228
Rule 42. Consolidation; Separate 231
Trials.
Rule 43. Taking Testimony.......... 232
Rule 44. Proving an Official Record 233
Rule 44.1. Determining Foreign Law... 237
Rule 45. Subpoena.................. 238
Rule 46. Objecting to a Ruling or 254
Order.
Rule 47. Selecting Jurors.......... 255
Rule 48. Number of Jurors; Verdict. 256
Rule 49. Special Verdict; General 256
Verdict and Questions.
Rule 50. Judgment as a Matter of 260
Law in a Jury Trial;
Related Motion for a New
Trial; Conditional Ruling.
Rule 51. Instructions to the Jury; 264
Objections; Preserving a
Claim of Error.
Rule 52. Findings and Conclusions 267
by the Court; Judgment on
Partial Findings.
Rule 53. Masters................... 270
TITLE VII. JUDGMENT
Rule 54. Judgment; Costs........... 279
Rule 55. Default; Default Judgment. 284
Rule 56. Summary Judgment.......... 286
Rule 57. Declaratory Judgment...... 291
Rule 58. Entering Judgment......... 291
Rule 59. New Trial; Altering or 294
Amending a Judgment.
Rule 60. Relief from a Judgment or 297
Order.
Rule 61. Harmless Error............ 300
Rule 62. Stay of Proceedings to 301
Enforce a Judgment.
Rule 63. Judge's Inability to 305
Proceed.
TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Rule 64. Seizing a Person or 305
Property.
Rule 65. Injunctions and 307
Restraining Orders.
Rule 65.1. Proceedings Against a 312
Surety.
Rule 66. Receivers................. 313
Rule 67. Deposit into Court........ 314
Rule 68. Offer of Judgment......... 315
Rule 69. Execution................. 316
Rule 70. Enforcing a Judgment for a 317
Specific Act.
Rule 71. Enforcing Relief For or 319
Against a Nonparty.
TITLE IX. SPECIAL PROCEEDINGS
Rule 71.1 Condemning Real or 319
Personal Property.
Rule 72. Magistrate Judges: 337
Pretrial Order.
Rule 73. Magistrate Judges: Trial 340
by Consent; Appeal.
Rule 74. [Abrogated.].............. 342
Rule 75. [Abrogated.].............. 342
Rule 76. [Abrogated.].............. 342
TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS;
ISSUING ORDERS
Rule 77. Conducting Business; 342
Clerk's Authority; Notice
of an Order or Judgment.
Rule 78. Hearing Motions; 345
Submission on Briefs.
Rule 79. Records Kept by the Clerk. 345
Rule 80. Stenographic Transcript as 348
Evidence.
TITLE XI. GENERAL PROVISIONS
Rule 81. Applicability of the Rules 348
in General; Removed
Actions.
Rule 82. Jurisdiction and Venue 355
Unaffected.
Rule 83. Rules by District Courts; 355
Judge's Directives.
Rule 84. Forms..................... 357
Rule 85. Title..................... 357
Rule 86. Effective Dates........... 357
APPENDIX OF FORMS
Form 1. Caption................... 359
Form 2. Date, Signature, Address, 360
E-mail Address, and
Telephone Number.
Form 3. Summons................... 361
Form 4. Summons on a Third-Party 362
Complaint.
Form 5. Notice of a Lawsuit and 363
Request to Waive Service
of a Summons.
Form 6. Waiver of the Service of 364
Summons.
Form 7. Statement of Jurisdiction. 365
Form 8. Statement of Reasons for 366
Omitting a Party.
Form 9. Statement Noting a Party's 367
Death.
Form 10. Complaint to Recover a Sum 368
Certain.
Form 11. Complaint for Negligence.. 369
Form 12. Complaint for Negligence 370
When the Plaintiff Does
Not Know Who Is
Responsible.
Form 13. Complaint for Negligence 371
Under the Federal
Employers' Liability Act.
Form 14. Complaint for Damages 372
Under the Merchant Marine
Act.
Form 15. Complaint for the 373
Conversion of Property.
Form 16. Third-Party Complaint..... 374
Form 17. Complaint for Specific 375
Performance of a Contract
to Convey Land.
Form 18. Complaint for Patent 376
Infringement.
Form 19. Complaint for Copyright 377
Infringement and Unfair
Competition.
Form 20. Complaint for Interpleader 378
and Declaratory Relief.
Form 21. Complaint on a Claim for a 379
Debt and to Set Aside a
Fraudulent Conveyance
Under Rule 18(b).
Form 30. Answer Presenting Defenses 380
Under Rule 12(b).
Form 31. Answer to a Complaint for 381
Money Had and Received
with a Counterclaim for
Interpleader.
Form 40. Motion to Dismiss Under 382
Rule 12(b) for Lack of
Jurisdiction, Improper
Venue, Insufficient
Service of Process, or
Failure to State a Claim.
Form 41. Motion to Bring in a Third- 383
Party Defendant.
Form 42. Motion to Intervene as a 384
Defendant Under Rule 24.
Form 50. Request to Produce 385
Documents and Tangible
Things, or to Enter onto
Land Under Rule 34.
Form 51. Request for Admissions 386
Under Rule 36.
Form 52. Report of the Parties' 387
Planning Meeting.
Form 60. Notice of Condemnation.... 388
Form 61. Complaint for Condemnation 389
Form 70. Judgment on a Jury Verdict 390
Form 71. Judgment by the Court 391
without a Jury.
Form 80. Notice of a Magistrate 392
Judge's Availability.
Form 81. Consent to an Assignment 393
to a Magistrate Judge.
Form 82. Order of Assignment to a 394
Magistrate Judge.