[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

                               ----------                              

                             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

                              ----------                              

                        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

                              ----------                              


              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.



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