[House Prints 110-6]
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                              FEDERAL RULES
                                   OF
                             CIVIL PROCEDURE

                               ____

                               WITH FORMS

                               ____

                            DECEMBER 1, 2008

[GRAPHIC] [TIFF OMITTED] TONGRESS.15


                            Printed for the use

                                   of

                     THE COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES

110th Congress              COMMITTEE PRINT                      No. 6   
2nd Session

__________________________________________________________________

                              FEDERAL RULES

                                   OF

                             CIVIL PROCEDURE

                               ____

                               WITH FORMS

                               ____

                            DECEMBER 1, 2008

[GRAPHIC] [TIFF OMITTED] TONGRESS.15

                            Printed for the use

                                   of

                     THE COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES

                     u.s. government printing office

                            washington : 2008

__________________________________________________________________

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                       COMMITTEE ON THE JUDICIARY

                       One Hundred Tenth Congress

                  JOHN CONYERS, Jr., Michigan, Chairman




HOWARD L. BERMAN, California                LAMAR SMITH, Texas
RICK BOUCHER, Virginia                      F. JAMES SENSENBRENNER, Jr.,
JERROLD NADLER, New York                     Wisconsin
ROBERT C. ``BOBBY'' SCOTT, Virginia         HOWARD COBLE, North Carolina
MELVIN L. WATT, North Carolina              ELTON GALLEGLY, California
ZOE LOFGREN, California                     BOB GOODLATTE, Virginia
SHEILA JACKSON LEE, Texas                   STEVE CHABOT, Ohio
MAXINE WATERS, California                   DANIEL E. LUNGREN,
WILLIAM D. DELAHUNT, Massachusetts           California
ROBERT WEXLER, Florida                      CHRIS CANNON, Utah
LINDA T. SANCHEZ, California                RIC KELLER, Florida
STEVE COHEN, Tennessee                      DARRELL ISSA, California
HANK JOHNSON, Georgia                       MIKE PENCE, Indiana
BETTY SUTTON, Ohio                          J. RANDY FORBES, Virginia
LUIS V. GUTIERREZ, Illinois                 STEVE KING, Iowa
BRAD SHERMAN, California                    TOM FEENEY, Florida
TAMMY BALDWIN, Wisconsin                    TRENT FRANKS, Arizona
ANTHONY D. WEINER, New York                 LOUIE GOHMERT, Texas
ADAM B. SCHIFF, California                  JIM JORDAN, Ohio
ARTUR DAVIS, Alabama
DEBBIE WASSERMAN SCHULTZ, Florida
KEITH ELLISON, Minnesota


                                     

            Perry Apelbaum, Staff Director and Chief Counsel

      Sean McLaughlin, Minority Chief of Staff and General Counsel

                                  (ii)
?

?

?

                                FOREWORD

    This document contains the Federal Rules of Civil Procedure together 
with forms, as amended to December 1, 2008. The rules and forms have 
been promulgated and amended by the United States Supreme Court pursuant 
to law, and further amended by Acts of Congress. This document has been 
prepared by the Committee in response to the need for an official up-to-
date document containing the latest amendments to the rules.
    For the convenience of the user, where a rule has been amended a 
reference to the date the amendment was promulgated and the date the 
amendment became effective follows the text of the rule.
    The Committee on Rules of Practice and Procedure and the Advisory 
Committee on the Federal Rules of Civil Procedure, Judicial Conference 
of the United States, prepared notes explaining the purpose and intent 
of the amendments to the rules. The Committee Notes may be found in the 
Appendix to Title 28, United States Code, following the particular rule 
to which they relate.


                                   Chairman, Committee on the Judiciary.
    December 1, 2008.

                                  (iii)
                   AUTHORITY FOR PROMULGATION OF RULES

                      TITLE 28, UNITED STATES CODE

Sec. 2072. Rules of procedure and evidence; power to prescribe
    (a) The Supreme Court shall have the power to prescribe general 
rules of practice and procedure and rules of evidence for cases in the 
United States district courts (including proceedings before magistrate 
judges thereof) and courts of appeals.
    (b) Such rules shall not abridge, enlarge or modify any substantive 
right. All laws in conflict with such rules shall be of no further force 
or effect after such rules have taken effect.
    (c) Such rules may define when a ruling of a district court is final 
for the purposes of appeal under section 1291 of this title.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4648, eff. Dec. 1, 1988; amended Pub. L. 101-650, title III, 
Sec. Sec. 315, 321, Dec. 1, 1990, 104 Stat. 5115, 5117.)
Sec. 2073. Rules of procedure and evidence; method of prescribing
    (a)(1) The Judicial Conference shall prescribe and publish the 
procedures for the consideration of proposed rules under this section.
    (2) The Judicial Conference may authorize the appointment of 
committees to assist the Conference by recommending rules to be 
prescribed under sections 2072 and 2075 of this title. Each such 
committee shall consist of members of the bench and the professional 
bar, and trial and appellate judges.
    (b) The Judicial Conference shall authorize the appointment of a 
standing committee on rules of practice, procedure, and evidence under 
subsection (a) of this section. Such standing committee shall review 
each recommendation of any other committees so appointed and recommend 
to the Judicial Conference rules of practice, procedure, and evidence 
and such changes in rules proposed by a committee appointed under 
subsection (a)(2) of this section as may be necessary to maintain 
consistency and otherwise promote the interest of justice.
    (c)(1) Each meeting for the transaction of business under this 
chapter by any committee appointed under this section shall be open to 
the public, except when the committee so meeting, in open session and 
with a majority present, determines that it is in the public interest 
that all or part of the remainder of the meeting on that day shall be 
closed to the public, and states the reason for so closing the meeting. 
Minutes of each meeting for the transaction of business under this 
chapter shall be maintained by the committee and made available to the 
public, except that any portion of such minutes, relating to a closed 
meeting and made available to the public, may contain such deletions as 
may be necessary to avoid frustrating the purposes of closing the 
meeting.
    (2) Any meeting for the transaction of business under this chapter, 
by a committee appointed under this section, shall be preceded by 
sufficient notice to enable all interested persons to attend.
    (d) In making a recommendation under this section or under section 
2072 or 2075, the body making that recommendation shall provide a 
proposed rule, an explanatory note on the rule, and a written report 
explaining the body's action, including any minority or other separate 
views.
    (e) Failure to comply with this section does not invalidate a rule 
prescribed under section 2072 or 2075 of this title.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4649, eff. Dec. 1, 1988; amended Pub. L. 103-394, title I, Sec. 104(e), 
Oct. 22, 1994, 108 Stat. 4110.)
Sec. 2074. Rules of procedure and evidence; submission to Congress; 
        effective date
    (a) The Supreme Court shall transmit to the Congress not later than 
May 1 of the year in which a rule prescribed under section 2072 is to 
become effective a copy of the proposed rule. Such rule shall take 
effect no earlier than December 1 of the year in which such rule is so 
transmitted unless otherwise provided by law. The Supreme Court may fix 
the extent such rule shall apply to proceedings then pending, except 
that the Supreme Court shall not require the application of such rule to 
further proceedings then pending to the extent that, in the opinion of 
the court in which such proceedings are pending, the application of such 
rule in such proceedings would not be feasible or would work injustice, 
in which event the former rule applies.
    (b) Any such rule creating, abolishing, or modifying an evidentiary 
privilege shall have no force or effect unless approved by Act of 
Congress.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4649, eff. Dec. 1, 1988.)

                             HISTORICAL NOTE

    The Supreme Court prescribes rules of civil procedure for the 
district courts pursuant to section 2072 of Title 28, United States 
Code, as enacted by Title IV ``Rules Enabling Act'' of Pub. L. 100-702 
(approved Nov. 19, 1988, 102 Stat. 4648), effective December 1, 1988. 
Pursuant to section 2074 of Title 28, the Supreme Court transmits to 
Congress (not later than May 1 of the year in which a rule prescribed 
under section 2072 is to become effective) a copy of the proposed rule. 
The rule takes effect no earlier than December 1 of the year in which 
the rule is transmitted unless otherwise provided by law.
    By act of June 19, 1934, ch. 651, 48 Stat. 1064 (subsequently 28 
United States Code, Sec. 2072), the Supreme Court was authorized to 
prescribe general rules of civil procedure for the district courts. The 
rules, and subsequent amendments, were not to take effect until (1) they 
had been first reported to Congress by the Attorney General at the 
beginning of a regular session and (2) after the close of that session.
    Under a 1949 amendment to 28 U.S.C., Sec. 2072, the Chief Justice of 
the United States, instead of the Attorney General, reported the rules 
to Congress. In 1950, section 2072 was further amended so that 
amendments to the rules could be reported to Congress not later than May 
1 each year and become effective 90 days after being reported. Effective 
December 1, 1988, section 2072 was repealed and supplanted by new 
sections 2072 and 2074, see first paragraph of Historical Note above.
    The original rules, pursuant to act of June 19, 1934, were adopted 
by order of the Court on December 20, 1937, transmitted to Congress by 
the Attorney General on January 3, 1938, and became effective September 
16, 1938 (308 U.S. 645; Cong. Rec., vol. 83, pt. 1, p. 13, Exec. Comm. 
905; H. Doc. 460 and H. Doc. 588, 75th Cong.)
    Rule 81(a)(6) was abrogated by order of the Court on December 28, 
1939, transmitted to Congress by the Attorney General on January 3, 
1940, effective April 3, 1941 (308 U.S. 642; Cong. Rec., vol. 86, pt. 1, 
p. 14, Exec. Comm. 1152).
    Further amendments were adopted by the Court by order dated December 
27, 1946, transmitted to Congress by the Attorney General on January 3, 
1947, and became effective March 19, 1948 (329 U.S. 839; Cong. Rec., 
vol. 93, pt. 1, p. 41, Exec. Comm. 32; H. Doc. 46 and H. Doc. 473, 80th 
Cong.). The amendments affected Rules 6, 7, 12, 13, 14, 17, 24, 26, 27, 
28, 33, 34, 36, 41, 45, 52, 54, 56, 58, 59, 60, 62, 65, 66, 68, 73, 75, 
77, 79, 81, 84, and 86, and Forms 17, 20, 22, and 25.
    Additional amendments were adopted by the Court by order dated 
December 29, 1948, transmitted to Congress by the Attorney General on 
January 3, 1949, and became effective October 20, 1949 (335 U.S. 919; 
Cong. Rec., vol. 95, pt. 1, p. 94, Exec. Comm. 24; H. Doc. 33, 81st 
Cong.). The amendments affected Rules 1, 17, 22, 24, 25, 27, 37, 45, 57, 
60, 62, 65, 66, 67, 69, 72, 73, 74, 75, 76, 79, 81, 82, and 86, and 
Forms 1, 19, 22, 23, and 27.
    Amendment to Rule 81(a)(7) and new Rule 71A and Forms 28 and 29 were 
adopted by the Court by order dated April 30, 1951, transmitted to 
Congress on May 1, 1951, and became effective August 1, 1951 (341 U.S. 
959; Cong. Rec., vol. 97, pt. 4, p. 4666, Exec. Comm. 414; H. Doc. 121, 
82d Cong.).
    Additional amendments were adopted by the Court by order dated April 
17, 1961, transmitted to Congress by the Chief Justice on April 18, 
1961, and became effective July 19, 1961 (368 U.S. 1009; Cong. Rec., 
vol. 107, pt. 5, p. 6524, Exec. Comm. 821). The amendments affected 
Rules 25, 54, 62, and 86, and Forms 2 and 19.
    Additional amendments were adopted by the Court by order dated 
January 21, 1963, transmitted to Congress by the Chief Justice (374 U.S. 
861; Cong. Rec., vol. 109, pt. 1, p. 1037, Exec. Comm. 267; H. Doc. 48, 
88th Cong.), and became effective July 1, 1963, by order of the Court 
dated March 18, 1963 (374 U.S. 861; Cong. Rec., vol. 109, pt. 4, p. 
4639, Exec. Comm. 569; H. Doc. 48, pt. 2, 88th Cong.; see also H. Doc. 
67, 88th Cong.). The amendments affected Rules 4, 5, 6, 7, 12, 13, 14, 
15, 24, 25, 26, 28, 30, 41, 49, 50, 52, 56, 58, 71A, 77, 79, 81, and 86, 
and Forms 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 18, 21, 22-A, and 22-
B, and added Forms 30, 31, and 32.
    Additional amendments were adopted by the Court by order dated 
February 28, 1966, transmitted to Congress by the Chief Justice on the 
same day (383 U.S. 1029; Cong. Rec., vol. 112, pt. 4, p. 4229, Exec. 
Comm. 2094; H. Doc. 391, 89th Cong.), and became effective July 1, 1966. 
The amendments affected Rules 1, 4, 8, 9, 12, 13, 14, 15, 17, 18, 19, 
20, 23, 24, 26, 38, 41, 42, 43, 44, 47, 53, 59, 65, 68, 73, 74, 75, 81, 
and 82, and Forms 2 and 15, and added Rules 23.1, 23.2, 44.1, and 65.1, 
and Supplementary Rules A, B, C, D, E, and F for certain Admiralty and 
Maritime claims. The amendments govern all proceedings in actions 
brought after they became effective and also all further proceedings in 
actions then pending, except to the extent that in the opinion of the 
Court an application in a particular action then pending would not be 
feasible or would work injustice, in which event the former procedure 
applies.
    In addition, Rule 6(c) of the Rules of Civil Procedure promulgated 
by the Court on December 20, 1937, effective September 16, 1938; Rule 2 
of the Rules for Practice and Procedure under section 25 of an act to 
amend and consolidate the acts respecting copyright, approved March 4, 
1909, promulgated by the Court on June 1, 1909, effective July 1, 1909; 
and the Rules of Practice in Admiralty and Maritime Cases, promulgated 
by the Court on December 6, 1920, effective March 7, 1921, as revised, 
amended and supplemented, were rescinded, effective July 1, 1966.
    Additional amendments were adopted by the Court by order dated 
December 4, 1967, transmitted to Congress by the Chief Justice on 
January 15, 1968 (389 U.S. 1121; Cong. Rec., vol. 114, pt. 1, p. 113, 
Exec. Comm. 1361; H. Doc. 204, 90th Cong.), and became effective July 1, 
1968. The amendments affected Rules 6(b), 9(h), 41(a)(1), 77(d), 81(a), 
and abrogated the chapter heading ``IX. Appeals'' and Rules 72-76, and 
Form 27.
    Additional amendments were adopted by the Court by order dated March 
30, 1970, transmitted to Congress by the Chief Justice on the same day 
(398 U.S. 977; Cong. Rec., vol. 116, pt. 7, p. 9861, Exec. Comm. 1839; 
H. Doc. 91-291), and became effective July 1, 1970. The amendments 
affected Rules 5(a), 9(h), 26, 29 to 37, 45(d), and 69(a), and Form 24.
    On March 1, 1971, the Court adopted additional amendments, which 
were transmitted to Congress by the Chief Justice on the same day (401 
U.S. 1017; Cong. Rec., vol. 117, pt. 4, p. 4629, Exec. Comm. 341; H. 
Doc. 92-57), and became effective July 1, 1971. The amendments affected 
Rules 6(a), 27(a)(4), 30(b)(6), 77(c), and 81(a)(2).
    Further amendments were proposed by the Court in its orders dated 
November 20 and December 18, 1972, and transmitted to Congress by the 
Chief Justice on February 5, 1973 (409 U.S. 1132 and 419 U.S. 1133; 
Cong. Rec., vol. 119, pt. 3, p. 3247, Exec. Comm. 359; H. Doc. 93-46). 
Although these amendments were to have become effective July 1, 1973, 
Public Law 93-12 (approved March 30, 1973, 87 Stat. 9) provided that the 
proposed amendments ``shall have no force or effect except to the 
extent, and with such amendments, as they may be expressly approved by 
Act of Congress.'' Section 3 of Public Law 93-595 (approved January 2, 
1975, 88 Stat. 1949) approved the amendments proposed by the Court, to 
be effective July 1, 1975. The amendments affected Rules 30(c), 43, and 
44.1, and abrogated Rule 32(c).
    On April 29, 1980, the Court adopted additional amendments, which 
were transmitted to Congress by the Chief Justice on the same day (446 
U.S. 995; Cong. Rec., vol. 126, pt. 8, p. 9535, Exec. Comm. 4260; H. 
Doc. 96-306), and became effective August 1, 1980. The amendments 
affected Rules 4, 5, 26, 28, 30, 32, 33, 34, 37, and 45.
    Section 205(a) and (b) of Public Law 96-481 (approved October 21, 
1980, 94 Stat. 2330) repealed Rule 37(f) and deleted the corresponding 
item from the Table of Contents, to be effective October 1, 1981.
    Amendments to Rule 4 were adopted by the Court by order dated April 
28, 1982, transmitted to Congress by the Chief Justice on the same day 
(456 U.S. 1013; Cong. Rec., vol. 128, pt. 6, p. 8191, Exec. Comm. 3822; 
H. Doc. 97-173), and became effective August 1, 1982. However, Public 
Law 97-227 (approved August 2, 1982, 96 Stat. 246) provided that the 
amendments to Rule 4 shall take effect on October 1, 1983, unless 
previously approved, disapproved, or modified by Act of Congress, and 
further provided that this Act shall be effective as of August 1, 1982, 
but shall not apply to the service of process that takes place between 
August 1, 1982, and the date of enactment of this Act [August 2, 1982]. 
Section 5 of Public Law 97-462 (approved January 12, 1983, 96 Stat. 
2530) provided that the amendments to Rule 4 the effective date of which 
was delayed by Public Law 97-227 shall not take effect. Sections 2 to 4 
of Public Law 97-462 amended Rule 4(a), (c) to (e), and (g), added Rule 
4(j), and added Form 18-A in the Appendix of Forms, effective 45 days 
after enactment of Public Law 97-462 [February 26, 1983].
    Additional amendments were adopted by the Court by order dated April 
28, 1983, transmitted to Congress by the Chief Justice on the same day 
(461 U.S. 1095; Cong. Rec., vol. 129, pt. 8, p. 10479, Exec. Comm. 1027; 
H. Doc. 98-54), and became effective August 1, 1983. The amendments 
included new Rules 26(g), 53(f), 72 through 76 and new Official Forms 33 
and 34, and amendments to Rules 6(b), 7(b), 11, 16, 26(a), (b), 52(a), 
53(a), (b), (c), and 67.
    Additional amendments were adopted by the Court by order dated April 
29, 1985, transmitted to Congress by the Chief Justice on the same day 
(471 U.S. 1153; Cong. Rec., vol. 131, pt. 7, p. 9826, Exec. Comm. 1156; 
H. Doc. 99-63), and became effective August 1, 1985. The amendments 
affected Rules 6(a), 45(d)(2), 52(a), 71A(h), and 83, Official Form 18-
A, and Rules B(1), C(3), and E(4)(f) of the Supplemental Rules for 
Certain Admiralty and Maritime Claims.
    Additional amendments were adopted by the Court by order dated March 
2, 1987, transmitted to Congress by the Chief Justice on the same day 
(480 U.S. 953; Cong. Rec., vol. 133, pt. 4, p. 4484, Exec. Comm. 714; H. 
Doc. 100-40), and became effective August 1, 1987. The amendments 
affected Rules 4(b), (d)(1), (e), (i)(1), 5(b), (e), 6(e), 8(a), (b), 
(e)(2), 9(a), 11, 12(a), (b), (e) to (g), 13(a), (e), (f), 14, 15, 
16(f), 17, 18, 19(a), (b), 20(b), 22(1), 23(c)(2), 23.1, 24(a), 25(b), 
(d), 26(b)(3), (e)(1), (2), (f)(5), (g), 27(a)(1), (b), 28(b), 30(b)(1), 
(2), (4), (6), (7), (c), (e), (f)(1), (g), 31(a), (b), 32(a)(4), 34(a), 
35(a), (b)(1), (2), 36, 37(a)(2), (b)(2), (c), (d), (g), 38(c), (d), 
41(a)(2), (b), 43(f), 44(a)(1), 44.1, 45(c), (f), 46, 49(a), 50(b), (d), 
51, 53(a), (c) to (e)(1), (3), (5), 54(c), 55(a), (b), (e), 56(a), (b), 
(e) to (g), 60(b), 62(f), 63, 65(b), 65.1, 68, 69, 71, 71A(d)(2), 
(3)(ii), (e) to (g), (j), 73(b), 75(b)(2), (c)(1), (2), (4), 77(c), 78, 
and 81(c), and Rules B, C(3), (6), E(2)(b), (4)(b), (c), (5)(c), (9)(b), 
(c), and F(1) to (6) of the Supplemental Rules for Certain Admiralty and 
Maritime Claims.
    Additional amendments were adopted by the Court by order dated April 
25, 1988, transmitted to Congress by the Chief Justice on the same day 
(485 U.S. 1043; Cong. Rec., vol. 134, pt. 7, p. 9154, Exec. Comm. 3515; 
H. Doc. 100-185), and became effective August 1, 1988. The amendments 
affected Rules 17(a) and 71A(e).
    Section 7047(b) of Public Law 100-690 (approved November 18, 1988, 
102 Stat. 4401) amended Rule 35. Section 7049 of Public Law 100-690, 
which directed amendment of Rule 17(a) by striking ``with him'', and 
section 7050 of Public Law 100-690, which directed amendment of Rule 
71A(e) by striking ``taking of the defendants property'' and inserting 
``taking of the defendant's property'', could not be executed because of 
the intervening amendments to those Rules by the Court by order dated 
April 25, 1988, effective August 1, 1988.
    Additional amendments were adopted by the Court by order dated April 
30, 1991, transmitted to Congress by the Chief Justice on the same day 
(500 U.S. 963; Cong. Rec., vol. 137, pt. 7, p. 9721, Ex. Comm. 1190; H. 
Doc. 102-77), and became effective December 1, 1991. The amendments 
affected Rules 5, 15, 24, 34, 35, 41, 44, 45, 47, 48, 50, 52, 53, 63, 
72, and 77, the headings for chapters VIII and IX, and Rules C and E of 
the Supplemental Rules for Certain Admiralty and Maritime Claims, added 
new Official Forms 1A and 1B, and abrogated Form 18-A.
    Section 11 of Pub. L. 102-198 (approved December 9, 1991, 105 Stat. 
1626) amended Rule 15(c)(3) as transmitted to Congress by the Supreme 
Court to become effective on December 1, 1991; provided that Forms 1A 
and 1B included in the transmittal shall not be effective; and provided 
that Form 18-A, abrogated by the Supreme Court in the transmittal, 
effective December 1, 1991, shall continue in effect on or after that 
date.
    Additional amendments were adopted by the Court by order dated April 
22, 1993, transmitted to Congress by the Chief Justice on the same day 
(507 U.S. 1089; Cong. Rec., vol. 139, pt. 6, p. 8127, Exec. Comm. 1102; 
H. Doc. 103-74), and became effective December 1, 1993. The amendments 
affected Rules 1, 4, 5, 11, 12, 15, 16, 26, 28, 29, 30, 31, 32, 33, 34, 
36, 37, 38, 50, 52, 53, 54, 58, 71A, 72, 73, 74, 75, and 76, added new 
Rule 4.1, affected Forms 2, 33, 34, and 34A, added new Forms 1A, 1B, and 
35, and abrogated Form 18-A.
    Additional amendments were adopted by the Court by order dated April 
27, 1995, transmitted to Congress by the Chief Justice on the same day 
(514 U.S. 1151; Cong. Rec., vol. 141, pt. 8, p. 11745, Ex. Comm. 804; H. 
Doc. 104-64), and became effective December 1, 1995. The amendments 
affected Rules 50, 52, 59, and 83.
    Additional amendments were adopted by the Court by order dated April 
23, 1996, transmitted to Congress by the Chief Justice on the same day 
(517 U.S. 1279; Cong. Rec., vol. 142, pt. 6, p. 8831, Ex. Comm. 2487; H. 
Doc. 104-201), and became effective December 1, 1996. The amendments 
affected Rules 5 and 43.
    Additional amendments were adopted by the Court by order dated April 
11, 1997, transmitted to Congress by the Chief Justice on the same day 
(520 U.S. 1305; Cong. Rec., vol. 143, pt. 4, p. 5550, Ex. Comm. 2795; H. 
Doc. 105-67), and became effective December 1, 1997. The amendments 
affected Rules 9 and 73, abrogated Rules 74, 75, and 76, and affected 
Forms 33 and 34.
    Additional amendments were adopted by the Court by order dated April 
24, 1998, transmitted to Congress by the Chief Justice on the same day 
(523 U.S. 1221; H. Doc. 105-266), and became effective December 1, 1998. 
The amendments affected Rule 23.
    Additional amendments were adopted by the Court by order dated April 
26, 1999, transmitted to Congress by the Chief Justice on the same day 
(526 U.S. 1183; Cong. Rec., vol. 145, pt. 6, p. 7907, Ex. Comm. 1787; H. 
Doc. 106-54), and became effective December 1, 1999. The amendments 
affected Rule 6 and Form 2.
    Additional amendments were adopted by the Court by order dated April 
17, 2000, transmitted to Congress by the Chief Justice on the same day 
(529 U.S. 1155; Cong. Rec., vol. 146, pt. 5, p. 6328, Ex. Comm. 7336; H. 
Doc. 106-228), and became effective December 1, 2000. The amendments 
affected Rules 4, 5, 12, 14, 26, 30, and 37 and Rules B, C, and E of the 
Supplemental Rules for Certain Admiralty and Maritime Claims.
    Additional amendments were adopted by the Court by order dated April 
23, 2001, transmitted to Congress by the Chief Justice on the same day 
(532 U.S. 992; Cong. Rec., vol. 147, pt. 5, p. 6126, Ex. Comm. 1575; H. 
Doc. 107-61), and became effective December 1, 2001. The amendments 
affected Rules 5, 6, 65, 77, 81, and 82.
    Additional amendments were adopted by the Court by order dated April 
29, 2002, transmitted to Congress by the Chief Justice on the same day 
(535 U.S. 1147; Cong. Rec., vol. 148, pt. 5, p. 6813, Ex. Comm. 6623; H. 
Doc. 107-204), and became effective December 1, 2002. The amendments 
affected Rules 54, 58, and 81 and Rule C of the Supplemental Rules for 
Certain Admiralty and Maritime Claims and added new Rule 7.1.
    Additional amendments were adopted by the Court by order dated March 
27, 2003, transmitted to Congress by the Chief Justice on the same day 
(538 U.S. 1083; Cong. Rec., vol. 149, pt. 6, p. 7689, Ex. Comm. 1493; H. 
Doc. 108-56), and became effective December 1, 2003. The amendments 
affected Rules 23, 51, 53, 54, and 71A and Forms 19, 31, and 32.
    Additional amendments were adopted by the Court by order dated April 
25, 2005, transmitted to Congress by the Chief Justice on the same day 
(544 U.S. 1173; Cong. Rec., vol. 151, p. H3060, Daily Issue, Ex. Comm. 
1906; H. Doc. 109-23), and became effective December 1, 2005. The 
amendments affected Rules 6, 27, and 45, and Rules B and C of the 
Supplemental Rules for Certain Admiralty and Maritime Claims.
    Additional amendments were adopted by the Court by order dated April 
12, 2006, transmitted to Congress by the Chief Justice on the same day 
(547 U.S. 1233; Cong. Rec., vol. 152, p. H2179, Daily Issue, Ex. Comm. 
7317; H. Doc. 109-105), and became effective December 1, 2006. The 
amendments affected Rules 5, 9, 14, 16, 24, 26, 33, 34, 37, 45, 50, and 
65.1, added new Rule 5.1, affected Form 35, affected Rules A, C, and E 
of the Supplemental Rules for Admiralty or Maritime Claims and Asset 
Forfeiture Actions, and added new Rule G to such Supplemental Rules.
    Additional amendments were adopted by the Court by order dated April 
30, 2007, transmitted to Congress by the Chief Justice on the same day 
(550 U.S. 1003; Cong. Rec., vol. 153, p. H4208, Daily Issue, Ex. Comm. 
1377; H. Doc. 110-27), and became effective December 1, 2007. The 
amendments affected Rules 1 through 86 and added new Rule 5.2; Forms 1 
through 35 were amended to become restyled Forms 1 through 82.
    An additional amendment was adopted by the Court by order dated 
April 23, 2008, transmitted to Congress by the Chief Justice on the same 
day (553 U.S. ----; Cong. Rec., vol. 154, p. H4876, Daily Issue, Ex. 
Comm. 6881; H. Doc. 110-117), and became effective December 1, 2008. The 
amendment affected Rule C of the Supplemental Rules for Admiralty or 
Maritime Claims and Asset Forfeiture Actions.

                             Committee Notes

    Committee Notes prepared by the Committee on Rules of Practice and 
Procedure and the Advisory Committee on the Federal Rules of Civil 
Procedure, Judicial Conference of the United States, explaining the 
purpose and intent of the amendments are set out in the Appendix to 
Title 28, United States Code, following the particular rule to which 
they relate. In addition, the rules and amendments, together with 
Committee Notes, are set out in the House documents listed above.

                            TABLE OF CONTENTS

                               ____

                                                                    Page
Foreword......................................................       iii
Authority for promulgation of rules...........................         v
Historical note...............................................       vii

                                  RULES

TITLE I. SCOPE OF RULES; FORM OF ACTION
        Rule 1. Scope and Purpose......................................1
        Rule 2. One Form of Action.....................................1
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, 
    MOTIONS, AND ORDERS
        Rule 3. Commencing an Action...................................1
        Rule 4. Summons................................................1
        Rule 4.1. Serving Other Process................................6
        Rule 5. Serving and Filing Pleadings and Other Papers..........6
        Rule 5.1. Constitutional Challenge to a Statute -- Notice, 
                        Certification, and Intervention................8
        Rule 5.2. Privacy Protection For Filings Made with the Court...9
        Rule 6. Computing and Extending Time; Time for Motion Papers..10
TITLE III. PLEADINGS AND MOTIONS
        Rule 7. Pleadings Allowed; Form of Motions and Other Papers...11
        Rule 7.1. Disclosure Statement................................11
        Rule 8. General Rules of Pleading.............................12
        Rule 9. Pleading Special Matters..............................13
        Rule 10. Form of Pleadings....................................14
        Rule 11. Signing Pleadings, Motions, and Other Papers; 
                        Representations to the Court; Sanctions.......14
        Rule 12. Defenses and Objections: When and How Presented; Motion 
                        for Judgment on the Pleadings; Consolidating 
                        Motions; Waiving Defenses; Pretrial Hearing...16
        Rule 13. Counterclaim and Crossclaim..........................18
        Rule 14. Third-Party Practice.................................19
        Rule 15. Amended and Supplemental Pleadings...................20
        Rule 16. Pretrial Conferences; Scheduling; Management.........22
TITLE IV. PARTIES
        Rule 17. Plaintiff and Defendant; Capacity; Public Officers...24
        Rule 18. Joinder of Claims....................................25
        Rule 19. Required Joinder of Parties..........................25
        Rule 20. Permissive Joinder of Parties........................26
        Rule 21. Misjoinder and Nonjoinder of Parties.................27
        Rule 22. Interpleader.........................................27
        Rule 23. Class Actions........................................27
        Rule 23.1. Derivative Actions.................................31
        Rule 23.2. Actions Relating to Unincorporated Associations....31
        Rule 24. Intervention.........................................32
        Rule 25. Substitution of Parties..............................32
TITLE V. DISCLOSURES AND DISCOVERY
        Rule 26. Duty to Disclose; General Provisions Governing 
                        Discovery.....................................33
        Rule 27. Depositions to Perpetuate Testimony..................41
        Rule 28. Persons Before Whom Depositions May Be Taken.........42
        Rule 29. Stipulations About Discovery Procedure...............43
        Rule 30. Depositions by Oral Examination......................44
        Rule 31. Depositions by Written Questions.....................47
        Rule 32. Using Depositions in Court Proceedings...............48
        Rule 33. Interrogatories to Parties...........................51
        Rule 34. Producing Documents, Electronically Stored Information, 
                        and Tangible Things, or Entering onto Land, for 
                        Inspection and Other Purposes.................52

  

TITLE V. DISCLOSURES AND DISCOVERY--Continued

Page

        Rule 35. Physical and Mental Examinations.....................53
        Rule 36. Requests for Admission...............................54
        Rule 37. Failure to Make Disclosures or to Cooperate in 
                        Discovery; Sanctions..........................55
TITLE VI. TRIALS
        Rule 38. Right to a Jury Trial; Demand........................58
        Rule 39. Trial by Jury or by the Court........................59
        Rule 40. Scheduling Cases for Trial...........................59
        Rule 41. Dismissal of Actions.................................59
        Rule 42. Consolidation; Separate Trials.......................60
        Rule 43. Taking Testimony.....................................61
        Rule 44. Proving an Official Record...........................61
        Rule 44.1. Determining Foreign Law............................62
        Rule 45. Subpoena.............................................62
        Rule 46. Objecting to a Ruling or Order.......................66
        Rule 47. Selecting Jurors.....................................66
        Rule 48. Number of Jurors; Verdict............................67
        Rule 49. Special Verdict; General Verdict and Questions.......67
        Rule 50. Judgment as a Matter of Law in a Jury Trial; Related 
                        Motion for a New Trial; Conditional Ruling....68
        Rule 51. Instructions to the Jury; Objections; Preserving a 
                        Claim of Error................................69
        Rule 52. Findings and Conclusions by the Court; Judgment on 
                        Partial Findings..............................70
        Rule 53. Masters..............................................71
TITLE VII. JUDGMENT
        Rule 54. Judgment; Costs......................................73
        Rule 55. Default; Default Judgment............................74
        Rule 56. Summary Judgment.....................................75
        Rule 57. Declaratory Judgment.................................76
        Rule 58. Entering Judgment....................................76
        Rule 59. New Trial; Altering or Amending a Judgment...........77
        Rule 60. Relief from a Judgment or Order......................78
        Rule 61. Harmless Error.......................................79
        Rule 62. Stay of Proceedings to Enforce a Judgment............79
        Rule 63. Judge's Inability to Proceed.........................80
TITLE VIII. PROVISIONAL AND FINAL REMEDIES
        Rule 64. Seizing a Person or Property.........................80
        Rule 65. Injunctions and Restraining Orders...................80
        Rule 65.1. Proceedings Against a Surety.......................82
        Rule 66. Receivers............................................82
        Rule 67. Deposit into Court...................................82
        Rule 68. Offer of Judgment....................................83
        Rule 69. Execution............................................83
        Rule 70. Enforcing a Judgment for a Specific Act..............84
        Rule 71. Enforcing Relief For or Against a Nonparty...........84
TITLE IX. SPECIAL PROCEEDINGS
        Rule 71.1. Condemning Real or Personal Property...............84
        Rule 72. Magistrate Judges: Pretrial Order....................89
        Rule 73. Magistrate Judges: Trial by Consent; Appeal..........89
        Rule 74. [Abrogated.]
        Rule 75. [Abrogated.]
        Rule 76. [Abrogated.]
TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; 
    ISSUING ORDERS
        Rule 77. Conducting Business; Clerk's Authority; Notice of an 
                        Order or Judgment.............................90
        Rule 78. Hearing Motions; Submission on Briefs................91
        Rule 79. Records Kept by the Clerk............................91
        Rule 80. Stenographic Transcript as Evidence..................92
TITLE XI. GENERAL PROVISIONS
        Rule 81. Applicability of the Rules in General; Removed Action92
        Rule 82. Jurisdiction and Venue Unaffected....................94
        Rule 83. Rules by District Courts; Judge's Directives.........94
        Rule 84. Forms................................................94
        Rule 85. Title................................................95
        Rule 86. Effective Dates......................................95

  

                            APPENDIX OF FORMS

  

Page

Form 1. Caption...............................................        98
Form 2. Date, Signature, Address, E-mail Address, and 
                        Telephone Number......................        99
Form 3. Summons...............................................       100
Form 4. Summons on a Third-Party Complaint....................       101
Form 5. Notice of a Lawsuit and Request to Waive Service of a 
                        Summons...............................       102
Form 6. Waiver of the Service of Summons......................       103
Form 7. Statement of Jurisdiction.............................       104
Form 8. Statement of Reasons for Omitting a Party.............       105
Form 9. Statement Noting a Party's Death......................       106
Form 10. Complaint to Recover a Sum Certain...................       107
Form 11. Complaint for Negligence.............................       108
Form 12. Complaint for Negligence When the Plaintiff Does Not 
                        Know Who Is Responsible...............       109
Form 13. Complaint for Negligence Under the Federal Employers' 
                        Liability Act.........................       110
Form 14. Complaint for Damages Under the Merchant Marine Act..       111
Form 15. Complaint for the Conversion of Property.............       112
Form 16. Third-Party Complaint................................       113
Form 17. Complaint for Specific Performance of a Contract to 
                        Convey Land...........................       114
Form 18. Complaint for Patent Infringement....................       115
Form 19. Complaint for Copyright Infringement and Unfair 
                        Competition...........................       116
Form 20. Complaint for Interpleader and Declaratory Relief....       117
Form 21. Complaint on a Claim for a Debt and to Set Aside a 
                        Fraudulent Conveyance Under Rule 18(b)       118
Form 30. Answer Presenting Defenses Under Rule 12(b)..........       119
Form 31. Answer to a Complaint for Money Had and Received with 
                        a Counterclaim for Interpleader.......       120
Form 40. Motion to Dismiss Under Rule 12(b) for Lack of 
                        Jurisdiction, Improper Venue, 
                        Insufficient Service of Process, or 
                        Failure to State a Claim..............       121
Form 41. Motion to Bring in a Third-Party Defendant...........       122
Form 42. Motion to Intervene as a Defendant Under Rule 24.....       123
Form 50. Request to Produce Documents and Tangible Things, or 
                        to Enter onto Land Under Rule 34......       124
Form 51. Request for Admissions Under Rule 36.................       125
Form 52. Report of the Parties' Planning Meeting..............       126
Form 60. Notice of Condemnation...............................       127
Form 61. Complaint for Condemnation...........................       128
Form 70. Judgment on a Jury Verdict...........................       129
Form 71. Judgment by the Court without a Jury.................       130
Form 80. Notice of a Magistrate Judge's Availability..........       131
Form 81. Consent to an Assignment to a Magistrate Judge.......       132
Form 82. Order of Assignment to a Magistrate Judge............       133

SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE 
                                 ACTIONS

Rule A. Scope of Rules........................................       134
Rule B. In Personam Actions: Attachment and Garnishment.......       134
Rule C. In Rem Actions: Special Provisions....................       135
Rule D. Possessory, Petitory, and Partition Actions...........       137
Rule E. Actions in Rem and Quasi in Rem: General Provisions...       138
Rule F. Limitation of Liability...............................       141
Rule G. Forfeiture Actions In Rem.............................       144


                    FEDERAL RULES OF CIVIL PROCEDURE

                        RULES OF CIVIL PROCEDURE

                                 FOR THE

                    UNITED STATES DISTRICT COURTS \1\
---------------------------------------------------------------------------

    \1\ Title amended December 29, 1948, effective October 20, 1949.
---------------------------------------------------------------------------

      Effective September 16, 1938, as amended to December 1, 2008

                 TITLE I. SCOPE OF RULES; FORM OF ACTION

Rule 1
. 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 81. They should be construed and administered to secure the just, 
speedy, and inexpensive determination of every action and proceeding.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 
1, 1966; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 2
. One Form of Action______________________________________________
    There is one form of action -- the civil action.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)

TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, 
                               AND ORDERS

Rule 3
. Commencing an Action____________________________________________
    A civil action is commenced by filing a complaint with the court.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 4
. Summons_________________________________________________________
    (a) Contents; Amendments.
            (1) Contents. A summons must:
                    (A) name the court and the parties;
                    (B) be directed to the defendant;
                    (C) state the name and address of the plaintiff's 
                attorney or -- if unrepresented -- of the plaintiff;
                    (D) state the time within which the defendant must 
                appear and defend;
                    (E) notify the defendant that a failure to appear 
                and defend will result in a default judgment against the 
                defendant for the relief demanded in the complaint;
                    (F) be signed by the clerk; and
                    (G) bear the court's seal.
            (2) Amendments. The court may permit a summons to be 
        amended.
    (b) Issuance. On or after filing the complaint, the plaintiff may 
present a summons to the clerk for signature and seal. If the summons is 
properly completed, the clerk must sign, seal, and issue it to the 
plaintiff for service on the defendant. A summons -- or a copy of a 
summons that is addressed to multiple defendants -- must be issued for 
each defendant to be served.
    (c) Service.
            (1) In General. A summons must be served with a copy of the 
        complaint. The plaintiff is responsible for having the summons 
        and complaint served within the time allowed by Rule 4(m) and 
        must furnish the necessary copies to the person who makes 
        service.
            (2) By Whom. Any person who is at least 18 years old and not 
        a party may serve a summons and complaint.
            (3) By a Marshal or Someone Specially Appointed. At the 
        plaintiff's request, the court may order that service be made by 
        a United States marshal or deputy marshal or by a person 
        specially appointed by the court. The court must so order if the 
        plaintiff is authorized to proceed in forma pauperis under 28 
        U.S.C. Sec. 1915 or as a seaman under 28 U.S.C. Sec. 1916.
    (d) Waiving Service.
            (1) Requesting a Waiver. An individual, corporation, or 
        association that is subject to service under Rule 4(e), (f), or 
        (h) has a duty to avoid unnecessary expenses of serving the 
        summons. The plaintiff may notify such a defendant that an 
        action has been commenced and request that the defendant waive 
        service of a summons. The notice and request must:
                    (A) be in writing and be addressed:
                            (i) to the individual defendant; or
                            (ii) for a defendant subject to service 
                        under Rule 4(h), to an officer, a managing or 
                        general agent, or any other agent authorized by 
                        appointment or by law to receive service of 
                        process;
                    (B) name the court where the complaint was filed;
                    (C) be accompanied by a copy of the complaint, 2 
                copies of a waiver form, and a prepaid means for 
                returning the form;
                    (D) inform the defendant, using text prescribed in 
                Form 5, of the consequences of waiving and not waiving 
                service;
                    (E) state the date when the request is sent;
                    (F) give the defendant a reasonable time of at least 
                30 days after the request was sent -- or at least 60 
                days if sent to the defendant outside any judicial 
                district of the United States -- to return the waiver; 
                and
                    (G) be sent by first-class mail or other reliable 
                means.
            (2) Failure to Waive. If a defendant located within the 
        United States fails, without good cause, to sign and return a 
        waiver requested by a plaintiff located within the United 
        States, the court must impose on the defendant:
                    (A) the expenses later incurred in making service; 
                and
                    (B) the reasonable expenses, including attorney's 
                fees, of any motion required to collect those service 
                expenses.
            (3) Time to Answer After a Waiver. A defendant who, before 
        being served with process, timely returns a waiver need not 
        serve an answer to the complaint until 60 days after the request 
        was sent -- or until 90 days after it was sent to the defendant 
        outside any judicial district of the United States.
            (4) Results of Filing a Waiver. 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 
        filing the waiver.
            (5) Jurisdiction and Venue Not Waived. Waiving service of a 
        summons does not waive any objection to personal jurisdiction or 
        to venue.
    (e) Serving an Individual Within a Judicial District of the United 
States. Unless federal law provides otherwise, an individual -- other 
than a minor, an incompetent person, or a person whose waiver has been 
filed -- may be served in a judicial district of the United States by:
            (1) following state law for serving a summons in an action 
        brought in courts of general jurisdiction in the state where the 
        district court is located or where service is made; or
            (2) doing any of the following:
                    (A) delivering a copy of the summons and of the 
                complaint to the individual personally;
                    (B) leaving a copy of each at the individual's 
                dwelling or usual place of abode with someone of 
                suitable age and discretion who resides there; or
                    (C) delivering a copy of each to an agent authorized 
                by appointment or by law to receive service of process.
    (f) Serving an Individual in a Foreign Country. Unless federal law 
provides otherwise, an individual -- other than a minor, an incompetent 
person, or a person whose waiver has been filed -- may be served at a 
place not within any judicial district of the United States:
            (1) by any internationally agreed means of service that is 
        reasonably calculated to give notice, such as those authorized 
        by the Hague Convention on the Service Abroad of Judicial and 
        Extrajudicial Documents;
            (2) if there is no internationally agreed means, or if an 
        international agreement allows but does not specify other means, 
        by a method that is reasonably calculated to give notice:
                    (A) as prescribed by the foreign country's law for 
                service in that country in an action in its courts of 
                general jurisdiction;
                    (B) as the foreign authority directs in response to 
                a letter rogatory or letter of request; or
                    (C) unless prohibited by the foreign country's law, 
                by:
                            (i) delivering a copy of the summons and of 
                        the complaint to the individual personally; or
                            (ii) using any form of mail that the clerk 
                        addresses and sends to the individual and that 
                        requires a signed receipt; or
            (3) by other means not prohibited by international 
        agreement, as the court orders.
    (g) Serving a Minor or an Incompetent Person. A minor or an 
incompetent person in a judicial district of the United States must be 
served by following state law for serving a summons or like process on 
such a defendant in an action brought in the courts of general 
jurisdiction of the state where service is made. A minor or an 
incompetent person who is not within any judicial district of the United 
States must be served in the manner prescribed by Rule 4(f)(2)(A), 
(f)(2)(B), or (f)(3).
    (h) Serving a Corporation, Partnership, or Association. Unless 
federal law provides otherwise or the defendant's waiver has been filed, 
a domestic or foreign corporation, or a partnership or other 
unincorporated association that is subject to suit under a common name, 
must be served:
            (1) in a judicial district of the United States:
                    (A) in the manner prescribed by Rule 4(e)(1) for 
                serving an individual; or
                    (B) by delivering a copy of the summons and of the 
                complaint to an officer, a managing or general agent, or 
                any other agent authorized by appointment or by law to 
                receive service of process and -- if the agent is one 
                authorized by statute and the statute so requires -- by 
                also mailing a copy of each to the defendant; or
            (2) at a place not within any judicial district of the 
        United States, in any manner prescribed by Rule 4(f) for serving 
        an individual, except personal delivery under (f)(2)(C)(i).
    (i) Serving the United States and Its Agencies, Corporations, 
Officers, or Employees.
            (1) United States. To serve the United States, a party must:
                    (A)(i) deliver a copy of the summons and of the 
                complaint to the United States attorney for the district 
                where the action is brought -- or to an assistant United 
                States attorney or clerical employee whom the United 
                States attorney designates in a writing filed with the 
                court clerk -- or
                    (ii) send a copy 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 
                mail to the Attorney General of the United States at 
                Washington, D.C.; and
                    (C) if the action challenges an order of a nonparty 
                agency or officer of the United States, send a copy of 
                each by registered or certified mail to the agency or 
                officer.
            (2) Agency; Corporation; Officer or Employee Sued in an 
        Official Capacity. To serve a United States agency or 
        corporation, or a United States officer or employee sued only in 
        an official capacity, a party must serve the United States and 
        also send a copy of the summons and of the complaint by 
        registered or certified mail to the agency, corporation, 
        officer, or employee.
            (3) Officer or Employee Sued Individually. To serve a United 
        States officer or employee sued in an individual capacity for an 
        act or omission occurring in connection with duties performed on 
        the United States' behalf (whether or not the officer or 
        employee is also sued in an official capacity), a party must 
        serve the United States and also serve the officer or employee 
        under Rule 4(e), (f), or (g).
            (4) Extending Time. The court must allow a party a 
        reasonable time to cure its failure to:
                    (A) serve a person required to be served under Rule 
                4(i)(2), if the party has served either the United 
                States attorney or the Attorney General of the United 
                States; or
                    (B) serve the United States under Rule 4(i)(3), if 
                the party has served the United States officer or 
                employee.
    (j) Serving a Foreign, State, or Local Government.
            (1) Foreign State. A foreign state or its political 
        subdivision, agency, or instrumentality must be served in 
        accordance with 28 U.S.C. Sec. 1608.
            (2) State or Local Government. A state, a municipal 
        corporation, or any other state-created governmental 
        organization that is subject to suit must be served by:
                    (A) delivering a copy of the summons and of the 
                complaint to its chief executive officer; or
                    (B) serving a copy of each in the manner prescribed 
                by that state's law for serving a summons or like 
                process on such a defendant.
    (k) Territorial Limits of Effective Service.
            (1) In General. Serving a summons or filing a waiver of 
        service establishes personal jurisdiction over a defendant:
                    (A) who is subject to the jurisdiction of a court of 
                general jurisdiction in the state where the district 
                court is located;
                    (B) who is a party joined under Rule 14 or 19 and is 
                served within a judicial district of the United States 
                and not more than 100 miles from where the summons was 
                issued; or
                    (C) when authorized by a federal statute.
            (2) Federal Claim Outside State-Court Jurisdiction. For a 
        claim that arises under federal law, serving a summons or filing 
        a waiver of service establishes personal jurisdiction over a 
        defendant if:
                    (A) the defendant is not subject to jurisdiction in 
                any state's courts of general jurisdiction; and
                    (B) exercising jurisdiction is consistent with the 
                United States Constitution and laws.
    (l) Proving Service.
            (1) Affidavit Required. Unless service is waived, proof of 
        service must be made to the court. Except for service by a 
        United States marshal or deputy marshal, proof must be by the 
        server's affidavit.
            (2) Service Outside the United States. Service not within 
        any judicial district of the United States must be proved as 
        follows:
                    (A) if made under Rule 4(f)(1), as provided in the 
                applicable treaty or convention; or
                    (B) if made under Rule 4(f)(2) or (f)(3), by a 
                receipt signed by the addressee, or by other evidence 
                satisfying the court that the summons and complaint were 
                delivered to the addressee.
            (3) Validity of Service; Amending Proof. Failure to prove 
        service does not affect the validity of service. The court may 
        permit proof of service to be amended.
    (m) Time Limit for Service. If a defendant is not served within 120 
days after the complaint is filed, the court -- on motion or on its own 
after notice to the plaintiff -- must dismiss the action without 
prejudice against that defendant or order that service be made within a 
specified time. But if the plaintiff shows good cause for the failure, 
the court must extend the time for service for an appropriate period. 
This subdivision (m) does not apply to service in a foreign country 
under Rule 4(f) or 4(j)(1).
    (n) Asserting Jurisdiction over Property or Assets.
            (1) Federal Law. The court may assert jurisdiction over 
        property if authorized by a federal statute. Notice to claimants 
        of the property must be given as provided in the statute or by 
        serving a summons under this rule.
            (2) State Law. On a showing that personal jurisdiction over 
        a defendant cannot be obtained in the district where the action 
        is brought by reasonable efforts to serve a summons under this 
        rule, the court may assert jurisdiction over the defendant's 
        assets found in the district. Jurisdiction is acquired by 
        seizing the assets under the circumstances and in the manner 
        provided by state law in that district.
(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 
1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Jan. 12, 1983, eff. Feb. 26, 
1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; 
Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 4.1
. Serving Other Process___________________________________________
    (a) In General. Process -- other than a summons under Rule 4 or a 
subpoena under Rule 45 -- must be served by a United States marshal or 
deputy marshal or by a person specially appointed for that purpose. 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 those limits. Proof of service must be made under Rule 4(l).
    (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. Any 
other order in a civil-contempt proceeding may be served only in the 
state where the issuing court is located or elsewhere in the United 
States within 100 miles from where the order was issued.
(As added Apr. 22, 1993, eff. Dec. 1, 1993; amended Apr. 30, 2007, eff. 
Dec. 1, 2007.)
Rule 5
. Serving and Filing Pleadings and Other Papers___________________
    (a) Service: When Required.
            (1) In General. Unless these rules provide otherwise, each 
        of the following papers must be served on every party:
                    (A) an order stating that service is required;
                    (B) a pleading filed after the original complaint, 
                unless the court orders otherwise under Rule 5(c) 
                because there are numerous defendants;
                    (C) a discovery paper required to be served on a 
                party, unless the court orders otherwise;
                    (D) a written motion, except one that may be heard 
                ex parte; and
                    (E) a written notice, appearance, demand, or offer 
                of judgment, or any similar paper.
            (2) If a Party Fails to Appear. No service is required on a 
        party who is in default for failing to appear. But a pleading 
        that asserts a new claim for relief against such a party must be 
        served on that party under Rule 4.
            (3) Seizing Property. If an action is begun by seizing 
        property and no person is or need be named as a defendant, any 
        service required before the filing of an appearance, answer, or 
        claim must be made on the person who had custody or possession 
        of the property when it was seized.
    (b) Service: How Made.
            (1) Serving an Attorney. If a party is represented by an 
        attorney, service under this rule must be made on the attorney 
        unless the court orders service on the party.
            (2) Service in General. A paper is served under this rule 
        by:
                    (A) handing it to the person;
                    (B) leaving it:
                            (i) at the person's office with a clerk or 
                        other person in charge or, if no one is in 
                        charge, in a conspicuous place in the office; or
                            (ii) if the person has no office or the 
                        office is closed, at the person's dwelling or 
                        usual place of abode with someone of suitable 
                        age and discretion who resides there;
                    (C) mailing it to the person's last known address -- 
                in which event service is complete upon mailing;
                    (D) leaving it with the court clerk if the person 
                has no known address;
                    (E) sending it by electronic means if the person 
                consented in writing -- in which event service is 
                complete upon transmission, but is not effective if the 
                serving party learns that it did not reach the person to 
                be served; or
                    (F) delivering it by any other means that the person 
                consented to in writing -- in which event service is 
                complete when the person making service delivers it to 
                the agency designated to make delivery.
            (3) Using Court Facilities. If a local rule so authorizes, a 
        party may use the court's transmission facilities to make 
        service under Rule 5(b)(2)(E).
    (c) Serving Numerous Defendants.
            (1) In General. If an action involves an unusually large 
        number of defendants, the court may, on motion or on its own, 
        order that:
                    (A) defendants' pleadings and replies to them need 
                not be served on other defendants;
                    (B) any crossclaim, counterclaim, avoidance, or 
                affirmative defense in those pleadings and replies to 
                them will be treated as denied or avoided by all other 
                parties; and
                    (C) filing any such pleading and serving it on the 
                plaintiff constitutes notice of the pleading to all 
                parties.
            (2) Notifying Parties. A copy of every such order must be 
        served on the parties as the court directs.
    (d) Filing.
            (1) Required Filings; Certificate of Service. Any paper 
        after the complaint that is required to be served -- together 
        with a certificate of service -- must be filed within a 
        reasonable time after service. But disclosures under Rule 
        26(a)(1) or (2) and the following discovery requests and 
        responses must not be filed until they are used in the 
        proceeding or the court orders filing: depositions, 
        interrogatories, requests for documents or tangible things or to 
        permit entry onto land, and requests for admission.
            (2) How Filing Is Made -- In General. A paper is filed by 
        delivering it:
                    (A) to the clerk; or
                    (B) to a judge who agrees to accept it for filing, 
                and who must then note the filing date on the paper and 
                promptly send it to the clerk.
            (3) Electronic Filing, Signing, or Verification. A court 
        may, by local rule, allow papers to be filed, signed, or 
        verified by electronic means that are consistent with any 
        technical standards established by the Judicial Conference of 
        the United States. A local rule may require electronic filing 
        only if reasonable exceptions are allowed. A paper filed 
        electronically in compliance with a local rule is a written 
        paper for purposes of these rules.
            (4) Acceptance by the Clerk. The clerk must not refuse to 
        file a paper solely because it is not in the form prescribed by 
        these rules or by a local rule or practice.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 
1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 17, 2000, eff. Dec. 1, 
2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 12, 2006, eff. Dec. 1, 
2006; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 5.1
. Constitutional Challenge to a Statute -- Notice, Certification, 
and Intervention________________________________________________________
    (a) Notice by a Party. 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 parties 
                do not include the United States, one of its agencies, 
                or one of its officers or employees in an official 
                capacity; or
                    (B) a state statute is questioned and the parties do 
                not include the state, one of its agencies, or one of 
                its officers or employees in an official capacity; and
            (2) serve 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 is questioned -- 
        either by certified or registered mail or by sending it to an 
        electronic address designated by the attorney general for this 
        purpose.
    (b) Certification by the Court. The court must, under 28 U.S.C. 
Sec. 2403, certify to the appropriate attorney general that a statute 
has been questioned.
    (c) Intervention; Final Decision on the Merits. Unless the court 
sets a later time, the attorney general may intervene within 60 days 
after the notice is filed or after the court certifies the challenge, 
whichever is earlier. Before the time to intervene expires, the court 
may reject the constitutional challenge, but may not enter a final 
judgment holding the statute unconstitutional.
    (d) No Forfeiture. A party's failure to file and serve the notice, 
or the court's failure to certify, does not forfeit a constitutional 
claim or defense that is otherwise timely asserted.
(As added Apr. 12, 2006, eff. Dec. 1, 2006; amended Apr. 30, 2007, eff. 
Dec. 1, 2007.)
Rule 5.2
. Privacy Protection For Filings Made with the Court______________
    (a) Redacted Filings. Unless the court orders otherwise, in an 
electronic or paper filing with the court that contains an individual's 
social-security number, taxpayer-identification number, or birth date, 
the name of an individual known to be a minor, or a financial-account 
number, a party or nonparty making the filing may include only:
            (1) the last four digits of the social-security number and 
        taxpayer-identification number;
            (2) the year of the individual's birth;
            (3) the minor's initials; and
            (4) the last four digits of the financial-account number.
    (b) Exemptions from the Redaction Requirement. The redaction 
requirement does not apply to the following:
            (1) a financial-account number that identifies the property 
        allegedly subject to forfeiture in a forfeiture proceeding;
            (2) the record of an administrative or agency proceeding;
            (3) the official record of a state-court proceeding;
            (4) the record of a court or tribunal, if that record was 
        not subject to the redaction requirement when originally filed;
            (5) a filing covered by Rule 5.2(c) or (d); and
            (6) a pro se filing in an action brought under 28 U.S.C. 
        Sec. Sec. 2241, 2254, or 2255.
    (c) Limitations on Remote Access to Electronic Files; Social-
Security Appeals and Immigration Cases. Unless the court orders 
otherwise, in an action for benefits under the Social Security Act, and 
in an action or proceeding relating to an order of removal, to relief 
from removal, or to immigration benefits or detention, access to an 
electronic file is authorized as follows:
            (1) the parties and their attorneys may have remote 
        electronic access to any part of the case file, including the 
        administrative record;
            (2) any other person may have electronic access to the full 
        record at the courthouse, but may have remote electronic access 
        only to:
                    (A) the docket maintained by the court; and
                    (B) an opinion, order, judgment, or other 
                disposition of the court, but not any other part of the 
                case file or the administrative record.
    (d) Filings Made Under Seal. The court may order that a filing be 
made under seal without redaction. The court may later unseal the filing 
or order the person who made the filing to file a redacted version for 
the public record.
    (e) Protective Orders. For good cause, the court may by order in a 
case:
            (1) require redaction of additional information; or
            (2) limit or prohibit a nonparty's remote electronic access 
        to a document filed with the court.
    (f) Option for Additional Unredacted Filing Under Seal. A person 
making a redacted filing may also file an unredacted copy under seal. 
The court must retain the unredacted copy as part of the record.
    (g) Option for Filing a Reference List. A filing that contains 
redacted information may be filed together with a reference list that 
identifies each item of redacted information and specifies an 
appropriate identifier that uniquely corresponds to each item listed. 
The list must be filed under seal and may be amended as of right. Any 
reference in the case to a listed identifier will be construed to refer 
to the corresponding item of information.
    (h) Waiver of Protection of Identifiers. A person waives the 
protection of Rule 5.2(a) as to the person's own information by filing 
it without redaction and not under seal.
(As added Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 6
. Computing and Extending Time; Time for Motion Papers____________
    (a) Computing Time. The following rules apply in computing any time 
period specified in these rules or in any local rule, court order, or 
statute:
            (1) Day of the Event Excluded. Exclude the day of the act, 
        event, or default that begins the period.
            (2) Exclusions from Brief Periods. Exclude intermediate 
        Saturdays, Sundays, and legal holidays when the period is less 
        than 11 days.
            (3) Last Day. Include the last day of the period unless it 
        is a Saturday, Sunday, legal holiday, or -- if the act to be 
        done is filing a paper in court -- a day on which weather or 
        other conditions make the clerk's office inaccessible. When the 
        last day is excluded, the period runs until the end of the next 
        day that is not a Saturday, Sunday, legal holiday, or day when 
        the clerk's office is inaccessible.
            (4) ``Legal Holiday'' Defined. As used in these rules, 
        ``legal holiday'' means:
                    (A) the day set aside by statute for observing New 
                Year's Day, Martin Luther King Jr.'s Birthday, 
                Washington's Birthday, Memorial Day, Independence Day, 
                Labor Day, Columbus Day, Veterans' Day, Thanksgiving 
                Day, or Christmas Day; and
                    (B) any other day declared a holiday by the 
                President, Congress, or the state where the district 
                court is located.
    (b) Extending Time.
            (1) In General. When an act may or must be done within a 
        specified time, the court may, for good cause, extend the time:
                    (A) with or without motion or notice if the court 
                acts, or if a request is made, before the original time 
                or its extension expires; or
                    (B) on motion made after the time has expired if the 
                party failed to act because of excusable neglect.
            (2) Exceptions. 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), except as those rules allow.
    (c) Motions, Notices of Hearing, and Affidavits.
            (1) In General. A written motion and notice of the hearing 
        must be served at least 5 days before the time specified for the 
        hearing, with the following exceptions:
                    (A) when the motion may be heard ex parte;
                    (B) when these rules set a different time; or
                    (C) when a court order -- which a party may, for 
                good cause, apply for ex parte -- sets a different time.
            (2) Supporting Affidavit. Any affidavit supporting a motion 
        must be served with the motion. Except as Rule 59(c) provides 
        otherwise, any opposing affidavit must be served at least 1 day 
        before the hearing, unless the court permits service at another 
        time.
    (d) Additional Time After Certain Kinds of Service. When a party may 
or must act within a specified time after service and service is made 
under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the 
period would otherwise expire under Rule 6(a).
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 
1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 28, 1983, eff. Aug. 1, 1983; 
Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 
26, 1999, eff. Dec. 1, 1999; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 25, 
2005, eff. Dec. 1, 2005; Apr. 30, 2007, eff. Dec. 1, 2007.)

                    TITLE III. PLEADINGS AND MOTIONS

Rule 7
. Pleadings Allowed; Form of Motions and Other Papers_____________
    (a) Pleadings. Only these pleadings are allowed:
            (1) a complaint;
            (2) an answer to a complaint;
            (3) an answer to a counterclaim designated as a 
        counterclaim;
            (4) an answer to a crossclaim;
            (5) a third-party complaint;
            (6) an answer to a third-party complaint; and
            (7) if the court orders one, a reply to an answer.
    (b) Motions and Other Papers.
            (1) In General. A request for a court order must be made by 
        motion. The motion must:
                    (A) be in writing unless made during a hearing or 
                trial;
                    (B) state with particularity the grounds for seeking 
                the order; and
                    (C) state the relief sought.
            (2) Form. The rules governing captions and other matters of 
        form in pleadings apply to motions and other papers.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 7.1
. Disclosure Statement____________________________________________
    (a) Who Must File; Contents. A nongovernmental corporate party must 
file 2 copies of a disclosure statement that:
            (1) identifies any parent corporation and any publicly held 
        corporation owning 10% or more of its stock; or
            (2) states that there is no such corporation.
    (b) Time to File; Supplemental Filing. A party must:
            (1) file the disclosure statement with its first appearance, 
        pleading, petition, motion, response, or other request addressed 
        to the court; and
            (2) promptly file a supplemental statement if any required 
        information changes.
(As added Apr. 29, 2002, eff. Dec. 1, 2002; amended Apr. 30, 2007, eff. 
Dec. 1, 2007.)
Rule 8
. General Rules of Pleading_______________________________________
    (a) Claim for Relief. A pleading that states a claim for relief must 
contain:
            (1) a short and plain statement of the grounds for the 
        court's jurisdiction, unless the court already has jurisdiction 
        and the claim needs no new jurisdictional support;
            (2) a short and plain statement of the claim showing that 
        the pleader is entitled to relief; and
            (3) a demand for the relief sought, which may include relief 
        in the alternative or different types of relief.
    (b) Defenses; Admissions and Denials.
            (1) In General. In responding to a pleading, a party must:
                    (A) state in short and plain terms its defenses to 
                each claim asserted against it; and
                    (B) admit or deny the allegations asserted against 
                it by an opposing party.
            (2) Denials -- Responding to the Substance. A denial must 
        fairly respond to the substance of the allegation.
            (3) General and Specific Denials. A party that intends in 
        good faith to deny all the allegations of a pleading -- 
        including the jurisdictional grounds -- may do so by a general 
        denial. A party that does not intend to deny all the allegations 
        must either specifically deny designated allegations or 
        generally deny all except those specifically admitted.
            (4) Denying Part of an Allegation. A party that intends in 
        good faith to deny only part of an allegation must admit the 
        part that is true and deny the rest.
            (5) Lacking Knowledge or Information. A party that lacks 
        knowledge or information sufficient to form a belief about the 
        truth of an allegation must so state, and the statement has the 
        effect of a denial.
            (6) Effect of Failing to Deny. An allegation -- other than 
        one relating to the amount of damages -- is admitted if a 
        responsive pleading is required and the allegation is not 
        denied. If a responsive pleading is not required, an allegation 
        is considered denied or avoided.
    (c) Affirmative Defenses.
            (1) In General. In responding to a pleading, a party must 
        affirmatively state any avoidance or affirmative defense, 
        including:
               accord and satisfaction;
               arbitration and award;
               assumption of risk;
               contributory negligence;
               discharge in bankruptcy;
               duress;
               estoppel;
               failure of consideration;
               fraud;
               illegality;
               injury by fellow servant;
               laches;
               license;
               payment;
               release;
               res judicata;
               statute of frauds;
               statute of limitations; and
               waiver.
            (2) Mistaken Designation. If a party mistakenly designates a 
        defense as a counterclaim, or a counterclaim as a defense, the 
        court must, if justice requires, treat the pleading as though it 
        were correctly designated, and may impose terms for doing so.
    (d) Pleading to Be Concise and Direct; Alternative Statements; 
Inconsistency.
            (1) In General. Each allegation must be simple, concise, and 
        direct. No technical form is required.
            (2) Alternative Statements of a Claim or Defense. A party 
        may set out 2 or more statements of a claim or defense 
        alternatively or hypothetically, either in a single count or 
        defense or in separate ones. If a party makes alternative 
        statements, the pleading is sufficient if any one of them is 
        sufficient.
            (3) Inconsistent Claims or Defenses. A party may state as 
        many separate claims or defenses as it has, regardless of 
        consistency.
    (e) Construing Pleadings. Pleadings must be construed so as to do 
justice.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 9
. Pleading Special Matters________________________________________
    (a) Capacity or Authority to Sue; Legal Existence.
            (1) In General. Except when required to show that the court 
        has jurisdiction, a pleading need not allege:
                    (A) a party's capacity to sue or be sued;
                    (B) a party's authority to sue or be sued in a 
                representative capacity; or
                    (C) the legal existence of an organized association 
                of persons that is made a party.
            (2) Raising Those Issues. To raise any of those issues, a 
        party must do so by a specific denial, which must state any 
        supporting facts that are peculiarly within the party's 
        knowledge.
    (b) Fraud or Mistake; Conditions of Mind. In alleging fraud or 
mistake, a party must state with particularity the circumstances 
constituting fraud or mistake. Malice, intent, knowledge, and other 
conditions of a person's mind may be alleged generally.
    (c) Conditions Precedent. In pleading conditions precedent, it 
suffices to allege generally that all conditions precedent have occurred 
or been performed. But when denying that a condition precedent has 
occurred or been performed, a party must do so with particularity.
    (d) Official Document or Act. In pleading an official document or 
official act, it suffices to allege that the document was legally issued 
or the act legally done.
    (e) Judgment. In pleading a judgment or decision of a domestic or 
foreign court, a judicial or quasi-judicial tribunal, or a board or 
officer, it suffices to plead the judgment or decision without showing 
jurisdiction to render it.
    (f) Time and Place. An allegation of time or place is material when 
testing the sufficiency of a pleading.
    (g) Special Damages. If an item of special damage is claimed, it 
must be specifically stated.
    (h) Admiralty or Maritime Claim.
            (1) How Designated. If a claim for relief is within the 
        admiralty or maritime jurisdiction and also within the court's 
        subject-matter jurisdiction on some other ground, the pleading 
        may designate the claim as an admiralty or maritime claim for 
        purposes of Rules 14(c), 38(e), and 82 and the Supplemental 
        Rules for Admiralty or Maritime Claims and Asset Forfeiture 
        Actions. A claim cognizable only in the admiralty or maritime 
        jurisdiction is an admiralty or maritime claim for those 
        purposes, whether or not so designated.
            (2) Designation for Appeal. A case that includes an 
        admiralty or maritime claim within this subdivision (h) is an 
        admiralty case within 28 U.S.C. Sec. 1292(a)(3).
(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 
1968; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; 
Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 
30, 2007, eff. Dec. 1, 2007.)
Rule 10
. Form of Pleadings_______________________________________________
    (a) Caption; Names of Parties. Every pleading must have a caption 
with the court's name, a title, a file number, and a Rule 7(a) 
designation. The title of the complaint must name all the parties; the 
title of other pleadings, after naming the first party on each side, may 
refer generally to other parties.
    (b) Paragraphs; Separate Statements. A party must state its claims 
or defenses in numbered paragraphs, each limited as far as practicable 
to a single set of circumstances. A later pleading may refer by number 
to a paragraph in an earlier pleading. If doing so would promote 
clarity, each claim founded on a separate transaction or occurrence -- 
and each defense other than a denial -- must be stated in a separate 
count or defense.
    (c) Adoption by Reference; Exhibits. A statement in a pleading may 
be adopted by reference elsewhere in the same pleading or in any other 
pleading or motion. A copy of a written instrument that is an exhibit to 
a pleading is a part of the pleading for all purposes.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 11
. Signing Pleadings, Motions, and Other Papers; Representations to 
the Court; Sanctions____________________________________________________
    (a) Signature. Every pleading, written motion, and other paper must 
be signed by at least one attorney of record in the attorney's name -- 
or by a party personally if the party is unrepresented. The paper must 
state the signer's address, e-mail address, and telephone number. Unless 
a rule or statute specifically states otherwise, a pleading need not be 
verified or accompanied by an affidavit. The court must strike an 
unsigned paper unless the omission is promptly corrected after being 
called to the attorney's or party's attention.
    (b) Representations to the Court. By presenting to the court a 
pleading, written motion, or other paper -- whether by signing, filing, 
submitting, or later advocating it -- an attorney or unrepresented party 
certifies that to the best of the person's knowledge, information, and 
belief, formed after an inquiry reasonable under the circumstances:
            (1) it is not being presented for any improper purpose, such 
        as to harass, cause unnecessary delay, or needlessly increase 
        the cost of litigation;
            (2) the claims, defenses, and other legal contentions are 
        warranted by existing law or by a nonfrivolous argument for 
        extending, modifying, or reversing existing law or for 
        establishing new law;
            (3) the factual contentions have evidentiary support or, if 
        specifically so identified, will likely have evidentiary support 
        after a reasonable opportunity for further investigation or 
        discovery; and
            (4) the denials of factual contentions are warranted on the 
        evidence or, if specifically so identified, are reasonably based 
        on belief or a lack of information.
    (c) Sanctions.
            (1) In General. If, after notice and a reasonable 
        opportunity to respond, the court determines that Rule 11(b) has 
        been violated, the court may impose an appropriate sanction on 
        any attorney, law firm, or party that violated the rule or is 
        responsible for the violation. Absent exceptional circumstances, 
        a law firm must be held jointly responsible for a violation 
        committed by its partner, associate, or employee.
            (2) Motion for Sanctions. A motion for sanctions must be 
        made separately from any other motion and must describe the 
        specific conduct that allegedly violates Rule 11(b). The motion 
        must be served under Rule 5, but it must not be filed or be 
        presented to the court if the challenged paper, claim, defense, 
        contention, or denial is withdrawn or appropriately corrected 
        within 21 days after service or within another time the court 
        sets. If warranted, the court may award to the prevailing party 
        the reasonable expenses, including attorney's fees, incurred for 
        the motion.
            (3) On the Court's Initiative. On its own, the court may 
        order an attorney, law firm, or party to show cause why conduct 
        specifically described in the order has not violated Rule 11(b).
            (4) Nature of a Sanction. A sanction imposed under this rule 
        must be limited to what suffices to deter repetition of the 
        conduct or comparable conduct by others similarly situated. The 
        sanction may include nonmonetary directives; an order to pay a 
        penalty into court; or, if imposed on motion and warranted for 
        effective deterrence, an order directing payment to the movant 
        of part or all of the reasonable attorney's fees and other 
        expenses directly resulting from the violation.
            (5) Limitations on Monetary Sanctions. The court must not 
        impose a monetary sanction:
                    (A) against a represented party for violating Rule 
                11(b)(2); or
                    (B) on its own, unless it issued the show-cause 
                order under Rule 11(c)(3) before voluntary dismissal or 
                settlement of the claims made by or against the party 
                that is, or whose attorneys are, to be sanctioned.
            (6) Requirements for an Order. An order imposing a sanction 
        must describe the sanctioned conduct and explain the basis for 
        the sanction.
    (d) Inapplicability to Discovery. This rule does not apply to 
disclosures and discovery requests, responses, objections, and motions 
under Rules 26 through 37.
(As amended Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 12
. Defenses and Objections: When and How Presented; Motion for 
Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; 
Pretrial Hearing________________________________________________________
    (a) Time to Serve a Responsive Pleading.
            (1) In General. Unless another time is specified by this 
        rule or a federal statute, the time for serving a responsive 
        pleading is as follows:
                    (A) A defendant must serve an answer:
                            (i) within 20 days after being served with 
                        the summons and complaint; or
                            (ii) if it has timely waived service under 
                        Rule 4(d), within 60 days after the request for 
                        a waiver was sent, or within 90 days after it 
                        was sent to the defendant outside any judicial 
                        district of the United States.
                    (B) A party must serve an answer to a counterclaim 
                or crossclaim within 20 days after being served with the 
                pleading that states the counterclaim or crossclaim.
                    (C) A party must serve a reply to an answer within 
                20 days after being served with an order to reply, 
                unless the order specifies a different time.
            (2) United States and Its Agencies, Officers, or Employees 
        Sued in an Official Capacity. The United States, a United States 
        agency, or a United States officer or employee sued only in an 
        official capacity must serve an answer to a complaint, 
        counterclaim, or crossclaim within 60 days after service on the 
        United States attorney.
            (3) United States Officers or Employees Sued in an 
        Individual Capacity. A United States officer or employee sued in 
        an individual capacity for an act or omission occurring in 
        connection with duties performed on the United States' behalf 
        must serve an answer to a complaint, counterclaim, or crossclaim 
        within 60 days after service on the officer or employee or 
        service on the United States attorney, whichever is later.
            (4) Effect of a Motion. Unless the court sets a different 
        time, serving a motion under this rule alters these periods as 
        follows:
                    (A) if the court denies the motion or postpones its 
                disposition until trial, the responsive pleading must be 
                served within 10 days after notice of the court's 
                action; or
                    (B) if the court grants a motion for a more definite 
                statement, the responsive pleading must be served within 
                10 days after the more definite statement is served.
    (b) How to Present Defenses. Every defense to a claim for relief in 
any pleading must be asserted in the responsive pleading if one is 
required. But a party may assert the following defenses by motion:
            (1) lack of subject-matter jurisdiction;
            (2) lack of personal jurisdiction;
            (3) improper venue;
            (4) insufficient process;
            (5) insufficient service of process;
            (6) failure to state a claim upon which relief can be 
        granted; and
            (7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before pleading if 
a responsive pleading is allowed. If a pleading sets out a claim for 
relief that does not require a responsive pleading, an opposing party 
may assert at trial any defense to that claim. No defense or objection 
is waived by joining it with one or more other defenses or objections in 
a responsive pleading or in a motion.
    (c) Motion for Judgment on the Pleadings. After the pleadings are 
closed -- but early enough not to delay trial -- a party may move for 
judgment on the pleadings.
    (d) Result of Presenting Matters Outside the Pleadings. If, on a 
motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are 
presented to and not excluded by the court, the motion must be treated 
as one for summary judgment under Rule 56. All parties must be given a 
reasonable opportunity to present all the material that is pertinent to 
the motion.
    (e) Motion for a More Definite Statement. A party may move for a 
more definite statement of a pleading to which a responsive pleading is 
allowed but which is so vague or ambiguous that the party cannot 
reasonably prepare a response. The motion must be made before filing a 
responsive pleading and must point out the defects complained of and the 
details desired. If the court orders a more definite statement and the 
order is not obeyed within 10 days after notice of the order or within 
the time the court sets, the court may strike the pleading or issue any 
other appropriate order.
    (f) Motion to Strike. The court may strike from a pleading an 
insufficient defense or any redundant, immaterial, impertinent, or 
scandalous matter. The court may act:
            (1) on its own; or
            (2) on motion made by a party either before responding to 
        the pleading or, if a response is not allowed, within 20 days 
        after being served with the pleading.
    (g) Joining Motions.
            (1) Right to Join. A motion under this rule may be joined 
        with any other motion allowed by this rule.
            (2) Limitation on Further Motions. Except as provided in 
        Rule 12(h)(2) or (3), a party that makes a motion under this 
        rule must not make another motion under this rule raising a 
        defense or objection that was available to the party but omitted 
        from its earlier motion.
    (h) Waiving and Preserving Certain Defenses.
            (1) When Some Are Waived. A party waives any defense listed 
        in Rule 12(b)(2)-(5) by:
                    (A) omitting it from a motion in the circumstances 
                described in Rule 12(g)(2); or
                    (B) failing to either:
                            (i) make it by motion under this rule; or
                            (ii) include it in a responsive pleading or 
                        in an amendment allowed by Rule 15(a)(1) as a 
                        matter of course.
            (2) When to Raise Others. Failure to state a claim upon 
        which relief can be granted, to join a person required by Rule 
        19(b), or to state a legal defense to a claim may be raised:
                    (A) in any pleading allowed or ordered under Rule 
                7(a);
                    (B) by a motion under Rule 12(c); or
                    (C) at trial.
            (3) Lack of Subject-Matter Jurisdiction. If the court 
        determines at any time that it lacks subject-matter 
        jurisdiction, the court must dismiss the action.
    (i) Hearing Before Trial. If a party so moves, any defense listed in 
Rule 12(b)(1)-(7) -- whether made in a pleading or by motion -- and a 
motion under Rule 12(c) must be heard and decided before trial unless 
the court orders a deferral until trial.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 
2000; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 13
. Counterclaim and Crossclaim_____________________________________
    (a) Compulsory Counterclaim.
            (1) In General. A pleading must state as a counterclaim any 
        claim that -- at the time of its service -- the pleader has 
        against an opposing party if the claim:
                    (A) arises out of the transaction or occurrence that 
                is the subject matter of the opposing party's claim; and
                    (B) does not require adding another party over whom 
                the court cannot acquire jurisdiction.
            (2) Exceptions. The pleader need not state the claim if:
                    (A) when the action was commenced, the claim was the 
                subject of another pending action; or
                    (B) the opposing party sued on its claim by 
                attachment or other process that did not establish 
                personal jurisdiction over the pleader on that claim, 
                and the pleader does not assert any counterclaim under 
                this rule.
    (b) Permissive Counterclaim. A pleading may state as a counterclaim 
against an opposing party any claim that is not compulsory.
    (c) Relief Sought in a Counterclaim. A counterclaim need not 
diminish or defeat the recovery sought by the opposing party. It may 
request relief that exceeds in amount or differs in kind from the relief 
sought by the opposing party.
    (d) Counterclaim Against the United States. These rules do not 
expand the right to assert a counterclaim -- or to claim a credit -- 
against the United States or a United States officer or agency.
    (e) Counterclaim Maturing or Acquired After Pleading. The court may 
permit a party to file a supplemental pleading asserting a counterclaim 
that matured or was acquired by the party after serving an earlier 
pleading.
    (f) Omitted Counterclaim. The court may permit a party to amend a 
pleading to add a counterclaim if it was omitted through oversight, 
inadvertence, or excusable neglect or if justice so requires.
    (g) Crossclaim Against a Coparty. A pleading may state as a 
crossclaim any claim by one party against a coparty if the claim arises 
out of the transaction or occurrence that is the subject matter of the 
original action or of a counterclaim, or if the claim relates to any 
property that is the subject matter of the original action. The 
crossclaim may include a claim that the coparty is or may be liable to 
the crossclaimant for all or part of a claim asserted in the action 
against the crossclaimant.
    (h) Joining Additional Parties. Rules 19 and 20 govern the addition 
of a person as a party to a counterclaim or crossclaim.
    (i) Separate Trials; Separate Judgments. If the court orders 
separate trials under Rule 42(b), it may enter judgment on a 
counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to 
do so, even if the opposing party's claims have been dismissed or 
otherwise resolved.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 14
. Third-Party Practice____________________________________________
    (a) When a Defending Party May Bring in a Third Party.
            (1) Timing of the Summons and Complaint. A defending party 
        may, as third-party plaintiff, serve a summons and complaint on 
        a nonparty who is or may be liable to it for all or part of the 
        claim against it. But the third-party plaintiff must, by motion, 
        obtain the court's leave if it files the third-party complaint 
        more than 10 days after serving its original answer.
            (2) Third-Party Defendant's Claims and Defenses. The person 
        served with the summons and third-party complaint -- the 
        ``third-party defendant'':
                    (A) must assert any defense against the third-party 
                plaintiff's claim under Rule 12;
                    (B) must assert any counterclaim against the third-
                party plaintiff under Rule 13(a), and may assert any 
                counterclaim against the third-party plaintiff under 
                Rule 13(b) or any crossclaim against another third-party 
                defendant under Rule 13(g);
                    (C) may assert against the plaintiff any defense 
                that the third-party plaintiff has to the plaintiff's 
                claim; and
                    (D) may also assert against the plaintiff any claim 
                arising out of the transaction or occurrence that is the 
                subject matter of the plaintiff's claim against the 
                third-party plaintiff.
            (3) Plaintiff's Claims Against a Third-Party Defendant. The 
        plaintiff may assert against the third-party defendant any claim 
        arising out of the transaction or occurrence that is the subject 
        matter of the plaintiff's claim against the third-party 
        plaintiff. The third-party defendant must then assert any 
        defense under Rule 12 and any counterclaim under Rule 13(a), and 
        may assert any counterclaim under Rule 13(b) or any crossclaim 
        under Rule 13(g).
            (4) Motion to Strike, Sever, or Try Separately. Any party 
        may move to strike the third-party claim, to sever it, or to try 
        it separately.
            (5) Third-Party Defendant's Claim Against a Nonparty. A 
        third-party defendant may proceed under this rule against a 
        nonparty who is or may be liable to the third-party defendant 
        for all or part of any claim against it.
            (6) Third-Party Complaint In Rem. If it is within the 
        admiralty or maritime jurisdiction, a third-party complaint may 
        be in rem. In that event, a reference in this rule to the 
        ``summons'' includes the warrant of arrest, and a reference to 
        the defendant or third-party plaintiff includes, when 
        appropriate, a person who asserts a right under Supplemental 
        Rule C(6)(a)(i) in the property arrested.
    (b) When a Plaintiff May Bring in a Third Party. When a claim is 
asserted against a plaintiff, the plaintiff may bring in a third party 
if this rule would allow a defendant to do so.
    (c) Admiralty or Maritime Claim.
            (1) Scope of Impleader. If a plaintiff asserts an admiralty 
        or maritime claim under Rule 9(h), the defendant or a person who 
        asserts a right under Supplemental Rule C(6)(a)(i) may, as a 
        third-party plaintiff, bring in a third-party defendant who may 
        be wholly or partly liable -- either to the plaintiff or to the 
        third-party plaintiff -- for remedy over, contribution, or 
        otherwise on account of the same transaction, occurrence, or 
        series of transactions or occurrences.
            (2) Defending Against a Demand for Judgment for the 
        Plaintiff. The third-party plaintiff may demand judgment in the 
        plaintiff's favor against the third-party defendant. In that 
        event, the third-party defendant must defend under Rule 12 
        against the plaintiff's claim as well as the third-party 
        plaintiff's claim; and the action proceeds as if the plaintiff 
        had sued both the third-party defendant and the third-party 
        plaintiff.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 
2006; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 15
. Amended and Supplemental Pleadings______________________________
    (a) Amendments Before Trial.
            (1) Amending as a Matter of Course. A party may amend its 
        pleading once as a matter of course:
                    (A) before being served with a responsive pleading; 
                or
                    (B) within 20 days after serving the pleading if a 
                responsive pleading is not allowed and the action is not 
                yet on the trial calendar.
            (2) Other Amendments. In all other cases, a party may amend 
        its pleading only with the opposing party's written consent or 
        the court's leave. The court should freely give leave when 
        justice so requires.
            (3) Time to Respond. Unless the court orders otherwise, any 
        required response to an amended pleading must be made within the 
        time remaining to respond to the original pleading or within 10 
        days after service of the amended pleading, whichever is later.
    (b) Amendments During and After Trial.
            (1) Based on an Objection at Trial. If, at trial, a party 
        objects that evidence is not within the issues raised in the 
        pleadings, the court may permit the pleadings to be amended. The 
        court should freely permit an amendment when doing so will aid 
        in presenting the merits and the objecting party fails to 
        satisfy the court that the evidence would prejudice that party's 
        action or defense on the merits. The court may grant a 
        continuance to enable the objecting party to meet the evidence.
            (2) For Issues Tried by Consent. When an issue not raised by 
        the pleadings is tried by the parties' express or implied 
        consent, it must be treated in all respects as if raised in the 
        pleadings. A party may move -- at any time, even after judgment 
        -- to amend the pleadings to conform them to the evidence and to 
        raise an unpleaded issue. But failure to amend does not affect 
        the result of the trial of that issue.
    (c) Relation Back of Amendments.
            (1) When an Amendment Relates Back. An amendment to a 
        pleading relates back to the date of the original pleading when:
                    (A) the law that provides the applicable statute of 
                limitations allows relation back;
                    (B) the amendment asserts a claim or defense that 
                arose out of the conduct, transaction, or occurrence set 
                out -- or attempted to be set out -- in the original 
                pleading; or
                    (C) the amendment changes the party or the naming of 
                the party against whom a claim is asserted, if Rule 
                15(c)(1)(B) is satisfied and if, within the period 
                provided by Rule 4(m) for serving the summons and 
                complaint, the party to be brought in by amendment:
                            (i) received such notice of the action that 
                        it will not be prejudiced in defending on the 
                        merits; and
                            (ii) knew or should have known that the 
                        action would have been brought against it, but 
                        for a mistake concerning the proper party's 
                        identity.
            (2) Notice to the United States. When the United States or a 
        United States officer or agency is added as a defendant by 
        amendment, the notice requirements of Rule 15(c)(1)(C)(i) and 
        (ii) are satisfied if, during the stated period, process was 
        delivered or mailed to the United States attorney or the United 
        States attorney's designee, to the Attorney General of the 
        United States, or to the officer or agency.
    (d) Supplemental Pleadings. On motion and reasonable notice, the 
court may, on just terms, permit a party to serve a supplemental 
pleading setting out any transaction, occurrence, or event that happened 
after the date of the pleading to be supplemented. The court may permit 
supplementation even though the original pleading is defective in 
stating a claim or defense. The court may order that the opposing party 
plead to the supplemental pleading within a specified time.
(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 
1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 
1991; Dec. 9, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, 
eff. Dec. 1, 2007.)
Rule 16
. Pretrial Conferences; Scheduling; Management____________________
    (a) Purposes of a Pretrial Conference. In any action, the court may 
order the attorneys and any unrepresented parties to appear for one or 
more pretrial conferences for such purposes as:
            (1) expediting disposition of the action;
            (2) establishing early and continuing control so that the 
        case will not be protracted because of lack of management;
            (3) discouraging wasteful pretrial activities;
            (4) improving the quality of the trial through more thorough 
        preparation; and
            (5) facilitating settlement.
    (b) Scheduling.
            (1) Scheduling Order. Except in categories of actions 
        exempted by local rule, the district judge -- or a magistrate 
        judge when authorized by local rule -- must issue a scheduling 
        order:
                    (A) after receiving the parties' report under Rule 
                26(f); or
                    (B) after consulting with the parties' attorneys and 
                any unrepresented parties at a scheduling conference or 
                by telephone, mail, or other means.
            (2) Time to Issue. The judge must issue the scheduling order 
        as soon as practicable, but in any event within the earlier of 
        120 days after any defendant has been served with the complaint 
        or 90 days after any defendant has appeared.
            (3) Contents of the Order.
                    (A) Required Contents. The scheduling order must 
                limit the time to join other parties, amend the 
                pleadings, complete discovery, and file motions.
                    (B) Permitted Contents. 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 disclosure or discovery of 
                        electronically stored information;
                            (iv) include any agreements the parties 
                        reach for asserting claims of privilege or of 
                        protection as trial-preparation material after 
                        information is produced;
                            (v) set dates for pretrial conferences and 
                        for trial; and
                            (vi) include other appropriate matters.
            (4) Modifying a Schedule. A schedule may be modified only 
        for good cause and with the judge's consent.
    (c) Attendance and Matters for Consideration at a Pretrial 
Conference.
            (1) Attendance. A represented party must authorize at least 
        one of its attorneys to make stipulations and admissions about 
        all matters that can reasonably be anticipated for discussion at 
        a pretrial conference. If appropriate, the court may require 
        that a party or its representative be present or reasonably 
        available by other means to consider possible settlement.
            (2) Matters for Consideration. At any pretrial conference, 
        the court may consider and take appropriate action on the 
        following matters:
                    (A) formulating and simplifying the issues, and 
                eliminating frivolous claims or defenses;
                    (B) amending the pleadings if necessary or 
                desirable;
                    (C) obtaining admissions and stipulations about 
                facts and documents to avoid unnecessary proof, and 
                ruling in advance on the admissibility of evidence;
                    (D) avoiding unnecessary proof and cumulative 
                evidence, and limiting the use of testimony under 
                Federal Rule of Evidence 702;
                    (E) determining the appropriateness and timing of 
                summary adjudication under Rule 56;
                    (F) controlling and scheduling discovery, including 
                orders affecting disclosures and discovery under Rule 26 
                and Rules 29 through 37;
                    (G) identifying witnesses and documents, scheduling 
                the filing and exchange of any pretrial briefs, and 
                setting dates for further conferences and for trial;
                    (H) referring matters to a magistrate judge or a 
                master;
                    (I) settling the case and using special procedures 
                to assist in resolving the dispute when authorized by 
                statute or local rule;
                    (J) determining the form and content of the pretrial 
                order;
                    (K) disposing of pending motions;
                    (L) adopting special procedures for managing 
                potentially difficult or protracted actions that may 
                involve complex issues, multiple parties, difficult 
                legal questions, or unusual proof problems;
                    (M) ordering a separate trial under Rule 42(b) of a 
                claim, counterclaim, crossclaim, third-party claim, or 
                particular issue;
                    (N) ordering the presentation of evidence early in 
                the trial on a manageable issue that might, on the 
                evidence, be the basis for a judgment as a matter of law 
                under Rule 50(a) or a judgment on partial findings under 
                Rule 52(c);
                    (O) establishing a reasonable limit on the time 
                allowed to present evidence; and
                    (P) facilitating in other ways the just, speedy, and 
                inexpensive disposition of the action.
    (d) Pretrial Orders. After any conference under this rule, the court 
should issue an order reciting the action taken. This order controls the 
course of the action unless the court modifies it.
    (e) Final Pretrial Conference and Orders. The court may hold a final 
pretrial conference to formulate a trial plan, including a plan to 
facilitate the admission of evidence. The conference must be held as 
close to the start of trial as is reasonable, and must be attended by at 
least one attorney who will conduct the trial for each party and by any 
unrepresented party. The court may modify the order issued after a final 
pretrial conference only to prevent manifest injustice.
    (f) Sanctions.
            (1) In General. On motion or on its own, the court may issue 
        any just orders, including those authorized by Rule 
        37(b)(2)(A)(ii)-(vii), if a party or its attorney:
                    (A) fails to appear at a scheduling or other 
                pretrial conference;
                    (B) is substantially unprepared to participate -- or 
                does not participate in good faith -- in the conference; 
                or
                    (C) fails to obey a scheduling or other pretrial 
                order.
            (2) Imposing Fees and Costs. Instead of or in addition to 
        any other sanction, the court must order the party, its 
        attorney, or both to pay the reasonable expenses -- including 
        attorney's fees -- incurred because of any noncompliance with 
        this rule, unless the noncompliance was substantially justified 
        or other circumstances make an award of expenses unjust.
(As amended Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 12, 2006, eff. Dec. 1, 
2006; Apr. 30, 2007, eff. Dec. 1, 2007.)

                            TITLE IV. PARTIES

Rule 17
. Plaintiff and Defendant; Capacity; Public Officers______________
    (a) Real Party in Interest.
            (1) Designation in General. An action must be prosecuted in 
        the name of the real party in interest. The following may sue in 
        their own names without joining the person for whose benefit the 
        action is brought:
                    (A) an executor;
                    (B) an administrator;
                    (C) a guardian;
                    (D) a bailee;
                    (E) a trustee of an express trust;
                    (F) a party with whom or in whose name a contract 
                has been made for another's benefit; and
                    (G) a party authorized by statute.
            (2) Action in the Name of the United States for Another's 
        Use or Benefit. When a federal statute so provides, an action 
        for another's use or benefit must be brought in the name of the 
        United States.
            (3) Joinder of the Real Party in Interest. The court may not 
        dismiss an action for failure to prosecute in the name of the 
        real party in interest until, after an objection, a reasonable 
        time has been allowed for the real party in interest to ratify, 
        join, or be substituted into the action. After ratification, 
        joinder, or substitution, the action proceeds as if it had been 
        originally commenced by the real party in interest.
    (b) Capacity to Sue or Be Sued. Capacity to sue or be sued is 
determined as follows:
            (1) for an individual who is not acting in a representative 
        capacity, by the law of the individual's domicile;
            (2) for a corporation, by the law under which it was 
        organized; and
            (3) for all other parties, by the law of the state where the 
        court is located, except that:
                    (A) a partnership or other unincorporated 
                association with no such capacity under that state's law 
                may sue or be sued in its common name to enforce a 
                substantive right existing under the United States 
                Constitution or laws; and
                    (B) 28 U.S.C. Sec. Sec. 754 and 959(a) govern the 
                capacity of a receiver appointed by a United States 
                court to sue or be sued in a United States court.
    (c) Minor or Incompetent Person.
            (1) With a Representative. The following representatives may 
        sue or defend on behalf of a minor or an incompetent person:
                    (A) a general guardian;
                    (B) a committee;
                    (C) a conservator; or
                    (D) a like fiduciary.
            (2) Without a Representative. A minor or an incompetent 
        person who does not have a duly appointed representative may sue 
        by a next friend or by a guardian ad litem. The court must 
        appoint a guardian ad litem -- or issue another appropriate 
        order -- to protect a minor or incompetent person who is 
        unrepresented in an action.
    (d) Public Officer's Title and Name. A public officer who sues or is 
sued in an official capacity may be designated by official title rather 
than by name, but the court may order that the officer's name be added.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988; Apr. 30, 2007, 
eff. Dec. 1, 2007.)
Rule 18
. Joinder of Claims_______________________________________________
    (a) In General. A party asserting a claim, counterclaim, crossclaim, 
or third-party claim may join, as independent or alternative claims, as 
many claims as it has against an opposing party.
    (b) Joinder of Contingent Claims. A party may join two claims even 
though one of them is contingent on the disposition of the other; but 
the court may grant relief only in accordance with the parties' relative 
substantive rights. In particular, a plaintiff may state a claim for 
money and a claim to set aside a conveyance that is fraudulent as to 
that plaintiff, without first obtaining a judgment for the money.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 19
. Required Joinder of Parties_____________________________________
    (a) Persons Required to Be Joined if Feasible.
            (1) Required Party. A person who is subject to service of 
        process and whose joinder will not deprive the court of subject-
        matter jurisdiction must be joined as a party if:
                    (A) in that person's absence, the court cannot 
                accord complete relief among existing parties; or
                    (B) that person claims an interest relating to the 
                subject of the action and is so situated that disposing 
                of the action in the person's absence may:
                            (i) as a practical matter impair or impede 
                        the person's ability to protect the interest; or
                            (ii) leave an existing party subject to a 
                        substantial risk of incurring double, multiple, 
                        or otherwise inconsistent obligations because of 
                        the interest.
            (2) Joinder by Court Order. If a person has not been joined 
        as required, the court must order that the person be made a 
        party. A person who refuses to join as a plaintiff may be made 
        either a defendant or, in a proper case, an involuntary 
        plaintiff.
            (3) Venue. If a joined party objects to venue and the 
        joinder would make venue improper, the court must dismiss that 
        party.
    (b) When Joinder Is Not Feasible. If a person who is required to be 
joined if feasible cannot be joined, the court must determine whether, 
in equity and good conscience, the action should proceed among the 
existing parties or should be dismissed. The factors for the court to 
consider include:
            (1) the extent to which a judgment rendered in the person's 
        absence might prejudice that person or the existing parties;
            (2) the extent to which any prejudice could be lessened or 
        avoided by:
                    (A) protective provisions in the judgment;
                    (B) shaping the relief; or
                    (C) other measures;
            (3) whether a judgment rendered in the person's absence 
        would be adequate; and
            (4) whether the plaintiff would have an adequate remedy if 
        the action were dismissed for nonjoinder.
    (c) Pleading the Reasons for Nonjoinder. When asserting a claim for 
relief, a party must state:
            (1) the name, if known, of any person who is required to be 
        joined if feasible but is not joined; and
            (2) the reasons for not joining that person.
    (d) Exception for Class Actions. This rule is subject to Rule 23.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 20
. Permissive Joinder of Parties___________________________________
    (a) Persons Who May Join or Be Joined.
            (1) Plaintiffs. Persons may join in one action as plaintiffs 
        if:
                    (A) they assert any right to relief jointly, 
                severally, or in the alternative with respect to or 
                arising out of the same transaction, occurrence, or 
                series of transactions or occurrences; and
                    (B) any question of law or fact common to all 
                plaintiffs will arise in the action.
            (2) Defendants. Persons -- as well as a vessel, cargo, or 
        other property subject to admiralty process in rem -- may be 
        joined in one action as defendants if:
                    (A) any right to relief is asserted against them 
                jointly, severally, or in the alternative with respect 
                to or arising out of the same transaction, occurrence, 
                or series of transactions or occurrences; and
                    (B) any question of law or fact common to all 
                defendants will arise in the action.
            (3) Extent of Relief. Neither a plaintiff nor a defendant 
        need be interested in obtaining or defending against all the 
        relief demanded. The court may grant judgment to one or more 
        plaintiffs according to their rights, and against one or more 
        defendants according to their liabilities.
    (b) Protective Measures. The court may issue orders -- including an 
order for separate trials -- to protect a party against embarrassment, 
delay, expense, or other prejudice that arises from including a person 
against whom the party asserts no claim and who asserts no claim against 
the party.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 21
. Misjoinder and Nonjoinder of Parties____________________________
    Misjoinder of parties is not a ground for dismissing an action. On 
motion or on its own, the court may at any time, on just terms, add or 
drop a party. The court may also sever any claim against a party.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 22
. Interpleader____________________________________________________
    (a) Grounds.
            (1) By a Plaintiff. Persons with claims that may expose a 
        plaintiff to double or multiple liability may be joined as 
        defendants and required to interplead. Joinder for interpleader 
        is proper even though:
                    (A) the claims of the several claimants, or the 
                titles on which their claims depend, lack a common 
                origin 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.
            (2) By a Defendant. A defendant exposed to similar liability 
        may seek interpleader through a crossclaim or counterclaim.
    (b) Relation to Other Rules and Statutes. This rule supplements -- 
and does not limit -- the joinder of parties allowed by Rule 20. The 
remedy this rule provides is in addition to -- and does not supersede or 
limit -- the remedy provided by 28 U.S.C. Sec. Sec. 1335, 1397, and 
2361. An action under those statutes must be conducted under these 
rules.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 2, 1987, eff. Aug. 
1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 23
. Class Actions___________________________________________________
    (a) Prerequisites. One or more members of a class may sue or be sued 
as representative parties on behalf of all members only if:
            (1) the class is so numerous that joinder of all members is 
        impracticable;
            (2) there are questions of law or fact common to the class;
            (3) the claims or defenses of the representative parties are 
        typical of the claims or defenses of the class; and
            (4) the representative parties will fairly and adequately 
        protect the interests of the class.
    (b) Types of Class Actions. A class action may be maintained if Rule 
23(a) is satisfied and if:
            (1) prosecuting separate actions by or against individual 
        class members would create a risk of:
                    (A) inconsistent or varying adjudications with 
                respect to individual class members that would establish 
                incompatible standards of conduct for the party opposing 
                the class; or
                    (B) adjudications with respect to individual class 
                members that, as a practical matter, would be 
                dispositive of the interests of the other members not 
                parties to the individual adjudications or would 
                substantially impair or impede their ability to protect 
                their interests;
            (2) the party opposing the class has acted or refused to act 
        on grounds that apply generally to the class, so that final 
        injunctive relief or corresponding declaratory relief is 
        appropriate respecting the class as a whole; or
            (3) the court finds that the questions of law or fact common 
        to class members predominate over any questions affecting only 
        individual members, and that a class action is superior to other 
        available methods for fairly and efficiently adjudicating the 
        controversy. The matters pertinent to these findings include:
                    (A) the class members' interests in individually 
                controlling the prosecution or defense of separate 
                actions;
                    (B) the extent and nature of any litigation 
                concerning the controversy already begun by or against 
                class members;
                    (C) the desirability or undesirability of 
                concentrating the litigation of the claims in the 
                particular forum; and
                    (D) the likely difficulties in managing a class 
                action.
    (c) Certification Order; Notice to Class Members; Judgment; Issues 
Classes; Subclasses.
            (1) Certification Order.
                    (A) Time to Issue. At an early practicable time 
                after a person sues or is sued as a class 
                representative, the court must determine by order 
                whether to certify the action as a class action.
                    (B) Defining the Class; Appointing Class Counsel. An 
                order that certifies a class action must define the 
                class and the class claims, issues, or defenses, and 
                must appoint class counsel under Rule 23(g).
                    (C) Altering or Amending the Order. An order that 
                grants or denies class certification may be altered or 
                amended before final judgment.
            (2) Notice.
                    (A) For (b)(1) or (b)(2) Classes. For any class 
                certified under Rule 23(b)(1) or (b)(2), the court may 
                direct appropriate notice to the class.
                    (B) For (b)(3) Classes. For any class certified 
                under Rule 23(b)(3), the court must direct to class 
                members the best notice that is practicable under the 
                circumstances, including individual notice to all 
                members who can be identified through reasonable effort. 
                The notice must clearly and concisely state in plain, 
                easily understood language:
                            (i) the nature of the action;
                            (ii) the definition of the class certified;
                            (iii) the class claims, issues, or defenses;
                            (iv) that a class member may enter an 
                        appearance through an attorney if the member so 
                        desires;
                            (v) that the court will exclude from the 
                        class any member who requests exclusion;
                            (vi) the time and manner for requesting 
                        exclusion; and
                            (vii) the binding effect of a class judgment 
                        on members under Rule 23(c)(3).
            (3) Judgment. Whether or not favorable to the class, the 
        judgment in a class action must:
                    (A) for any class certified under Rule 23(b)(1) or 
                (b)(2), include and describe those whom the court finds 
                to be class members; and
                    (B) for any class certified under Rule 23(b)(3), 
                include and specify or describe those to whom the Rule 
                23(c)(2) notice was directed, who have not requested 
                exclusion, and whom the court finds to be class members.
            (4) Particular Issues. When appropriate, an action may be 
        brought or maintained as a class action with respect to 
        particular issues.
            (5) Subclasses. When appropriate, a class may be divided 
        into subclasses that are each treated as a class under this 
        rule.
    (d) Conducting the Action.
            (1) In General. In conducting an action under this rule, the 
        court may issue orders that:
                    (A) determine the course of proceedings or prescribe 
                measures to prevent undue repetition or complication in 
                presenting evidence or argument;
                    (B) require -- to protect class members and fairly 
                conduct the action -- giving appropriate notice to some 
                or all class members of:
                            (i) any step in the action;
                            (ii) the proposed extent of the judgment; or
                            (iii) the members' opportunity to signify 
                        whether they consider the representation fair 
                        and adequate, to intervene and present claims or 
                        defenses, or to otherwise come into the action;
                    (C) impose conditions on the representative parties 
                or on intervenors;
                    (D) require that the pleadings be amended to 
                eliminate allegations about representation of absent 
                persons and that the action proceed accordingly; or
                    (E) deal with similar procedural matters.
            (2) Combining and Amending Orders. An order under Rule 
        23(d)(1) may be altered or amended from time to time and may be 
        combined with an order under Rule 16.
    (e) Settlement, Voluntary Dismissal, or Compromise. The claims, 
issues, or defenses of a certified class may be settled, voluntarily 
dismissed, or compromised only with the court's approval. The following 
procedures apply to a proposed settlement, voluntary dismissal, or 
compromise:
            (1) The court must direct notice in a reasonable manner to 
        all class members who would be bound by the proposal.
            (2) If the proposal would bind class members, the court may 
        approve it only after a hearing and on finding that it is fair, 
        reasonable, and adequate.
            (3) The parties seeking approval must file a statement 
        identifying any agreement made in connection with the proposal.
            (4) If the class action was previously certified under Rule 
        23(b)(3), the court may refuse to approve a settlement unless it 
        affords a new opportunity to request exclusion to individual 
        class members who had an earlier opportunity to request 
        exclusion but did not do so.
            (5) Any class member may object to the proposal if it 
        requires court approval under this subdivision (e); the 
        objection may be withdrawn only with the court's approval.
    (f) Appeals. A court of appeals may permit an appeal from an order 
granting or denying class-action certification under this rule if a 
petition for permission to appeal is filed with the circuit clerk within 
10 days after the order is entered. An appeal does not stay proceedings 
in the district court unless the district judge or the court of appeals 
so orders.
    (g) Class Counsel.
            (1) Appointing Class Counsel. Unless a statute provides 
        otherwise, a court that certifies a class must appoint class 
        counsel. In appointing class counsel, the court:
                    (A) must consider:
                            (i) the work counsel has done in identifying 
                        or investigating potential claims in the action;
                            (ii) counsel's experience in handling class 
                        actions, other complex litigation, and the types 
                        of claims asserted in the action;
                            (iii) counsel's knowledge of the applicable 
                        law; and
                            (iv) the resources that counsel will commit 
                        to representing the class;
                    (B) may consider any other matter pertinent to 
                counsel's ability to fairly and adequately represent the 
                interests of the class;
                    (C) may order potential class counsel to provide 
                information on any subject pertinent to the appointment 
                and to propose terms for attorney's fees and nontaxable 
                costs;
                    (D) may include in the appointing order provisions 
                about the award of attorney's fees or nontaxable costs 
                under Rule 23(h); and
                    (E) may make further orders in connection with the 
                appointment.
            (2) Standard for Appointing Class Counsel. When one 
        applicant seeks appointment as class counsel, the court may 
        appoint that applicant only if the applicant is adequate under 
        Rule 23(g)(1) and (4). If more than one adequate applicant seeks 
        appointment, the court must appoint the applicant best able to 
        represent the interests of the class.
            (3) Interim Counsel. The court may designate interim counsel 
        to act on behalf of a putative class before determining whether 
        to certify the action as a class action.
            (4) Duty of Class Counsel. Class counsel must fairly and 
        adequately represent the interests of the class.
    (h) Attorney's Fees and Nontaxable Costs. In a certified class 
action, the court may award reasonable attorney's fees and nontaxable 
costs that are authorized by law or by the parties' agreement. The 
following procedures apply:
            (1) A claim for an award must be made by motion under Rule 
        54(d)(2), subject to the provisions of this subdivision (h), at 
        a time the court sets. Notice of the motion must be served on 
        all parties and, for motions by class counsel, directed to class 
        members in a reasonable manner.
            (2) A class member, or a party from whom payment is sought, 
        may object to the motion.
            (3) The court may hold a hearing and must find the facts and 
        state its legal conclusions under Rule 52(a).
            (4) The court may refer issues related to the amount of the 
        award to a special master or a magistrate judge, as provided in 
        Rule 54(d)(2)(D).
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 27, 2003, eff. Dec. 1, 
2003; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 23.1
. Derivative Actions______________________________________________
    (a) Prerequisites. This rule applies when one or more shareholders 
or members of a corporation or an unincorporated association bring a 
derivative action to enforce a right that the corporation or association 
may properly assert but has failed to enforce. The derivative action may 
not be maintained if it appears that the plaintiff does not fairly and 
adequately represent the interests of shareholders or members who are 
similarly situated in enforcing the right of the corporation or 
association.
    (b) Pleading Requirements. The complaint must be verified and must:
            (1) allege that the plaintiff was a shareholder or member at 
        the time of the transaction complained of, or that the 
        plaintiff's share or membership later devolved on it by 
        operation of law;
            (2) allege that the action is not a collusive one to confer 
        jurisdiction that the court would otherwise lack; and
            (3) state with particularity:
                    (A) any effort by the plaintiff to obtain the 
                desired action from the directors or comparable 
                authority and, if necessary, from the shareholders or 
                members; and
                    (B) the reasons for not obtaining the action or not 
                making the effort.
    (c) Settlement, Dismissal, and Compromise. A derivative action may 
be settled, voluntarily dismissed, or compromised only with the court's 
approval. Notice of a proposed settlement, voluntary dismissal, or 
compromise must be given to shareholders or members in the manner that 
the court orders.
(As added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 2, 1987, eff. 
Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 23.2
. Actions Relating to Unincorporated Associations_________________
    This rule applies to an action brought by or against the members of 
an unincorporated association as a class by naming certain members as 
representative parties. 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. In conducting the action, the court may 
issue any appropriate orders corresponding with those in Rule 23(d), and 
the procedure for settlement, voluntary dismissal, or compromise must 
correspond with the procedure in Rule 23(e).
(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 30, 2007, eff. 
Dec. 1, 2007.)
Rule 24
. Intervention____________________________________________________
    (a) Intervention of Right. On timely motion, the court must permit 
anyone to intervene who:
            (1) is given an unconditional right to intervene by a 
        federal statute; or
            (2) claims 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 matter 
        impair or impede the movant's ability to protect its interest, 
        unless existing parties adequately represent that interest.
    (b) Permissive Intervention.
            (1) In General. On timely motion, the court may permit 
        anyone to intervene who:
                    (A) is given a conditional right to intervene by a 
                federal statute; or
                    (B) has a claim or defense that shares with the main 
                action a common question of law or fact.
            (2) By a Government Officer or Agency. On timely motion, the 
        court may permit a federal or state governmental officer or 
        agency to intervene if a party's claim or defense is based on:
                    (A) a statute or executive order administered by the 
                officer or agency; or
                    (B) any regulation, order, requirement, or agreement 
                issued or made under the statute or executive order.
            (3) Delay or Prejudice. In exercising its discretion, the 
        court must consider whether the intervention will unduly delay 
        or prejudice the adjudication of the original parties' rights.
    (c) Notice and Pleading Required. A motion to intervene must be 
served on the parties as provided in Rule 5. The motion must state the 
grounds for intervention and be accompanied by a pleading that sets out 
the claim or defense for which intervention is sought.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 
1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; 
Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 25
. Substitution of Parties_________________________________________
    (a) Death.
            (1) Substitution if the Claim Is Not Extinguished. If a 
        party dies and the claim is not extinguished, the court may 
        order substitution of the proper party. A motion for 
        substitution may be made by any party or by the decedent's 
        successor or representative. If the motion is not made within 90 
        days after service of a statement noting the death, the action 
        by or against the decedent must be dismissed.
            (2) Continuation Among the Remaining Parties. After a 
        party's death, if the right sought to be enforced survives only 
        to or against the remaining parties, the action does not abate, 
        but proceeds in favor of or against the remaining parties. The 
        death should be noted on the record.
            (3) Service. A motion to substitute, together with a notice 
        of hearing, must be served on the parties as provided in Rule 5 
        and on nonparties as provided in Rule 4. A statement noting 
        death must be served in the same manner. Service may be made in 
        any judicial district.
    (b) Incompetency. If a party becomes incompetent, the court may, on 
motion, permit the action to be continued by or against the party's 
representative. The motion must be served as provided in Rule 25(a)(3).
    (c) Transfer of Interest. If an interest is transferred, the action 
may be continued by or against the original party unless the court, on 
motion, orders the transferee to be substituted in the action or joined 
with the original party. The motion must be served as provided in Rule 
25(a)(3).
    (d) Public Officers; Death or Separation from Office. An action does 
not abate when a public officer who is a party in an official capacity 
dies, resigns, or otherwise ceases to hold office while the action is 
pending. The officer's successor is automatically substituted as a 
party. Later proceedings should be in the substituted party's name, but 
any misnomer not affecting the parties' substantial rights must be 
disregarded. The court may order substitution at any time, but the 
absence of such an order does not affect the substitution.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 17, 1961, eff. July 
19, 1961; Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)

                   TITLE V. DISCLOSURES AND DISCOVERY

Rule 26
. Duty to Disclose; General Provisions Governing Discovery________
    (a) Required Disclosures.
            (1) Initial Disclosure.
                    (A) In General. Except as exempted by Rule 
                26(a)(1)(B) or as otherwise stipulated or ordered by the 
                court, a party must, without awaiting a discovery 
                request, provide to the other parties:
                            (i) the name and, if known, the address and 
                        telephone number of each individual likely to 
                        have discoverable information -- along with the 
                        subjects of that information -- that the 
                        disclosing party may use to support its claims 
                        or defenses, unless the use would be solely for 
                        impeachment;
                            (ii) a copy -- or a description by category 
                        and location -- of all documents, electronically 
                        stored information, and tangible things that the 
                        disclosing party has in its possession, custody, 
                        or control and may use to support its claims or 
                        defenses, unless the use would be solely for 
                        impeachment;
                            (iii) a computation of each category of 
                        damages claimed by the disclosing party -- who 
                        must also make available for inspection and 
                        copying as under Rule 34 the documents or other 
                        evidentiary material, unless privileged or 
                        protected from disclosure, on which each 
                        computation is based, including materials 
                        bearing on the nature and extent of injuries 
                        suffered; and
                            (iv) for inspection and copying as under 
                        Rule 34, any insurance agreement under which an 
                        insurance business may be liable to satisfy all 
                        or part of a possible judgment in the action or 
                        to indemnify or reimburse for payments made to 
                        satisfy the judgment.
                    (B) Proceedings Exempt from Initial Disclosure. The 
                following proceedings are exempt from initial 
                disclosure:
                            (i) an action for review on an 
                        administrative record;
                            (ii) a forfeiture action in rem arising from 
                        a federal statute;
                            (iii) a petition for habeas corpus or any 
                        other proceeding to challenge a criminal 
                        conviction or sentence;
                            (iv) an action brought without an attorney 
                        by a person in the custody of the United States, 
                        a state, or a state subdivision;
                            (v) an action to enforce or quash an 
                        administrative summons or subpoena;
                            (vi) an action by the United States to 
                        recover benefit payments;
                            (vii) an action by the United States to 
                        collect on a student loan guaranteed by the 
                        United States;
                            (viii) a proceeding ancillary to a 
                        proceeding in another court; and
                            (ix) an action to enforce an arbitration 
                        award.
                    (C) Time for Initial Disclosures -- In General. A 
                party must make the initial disclosures at or within 14 
                days after the parties' Rule 26(f) conference unless a 
                different time is set by stipulation or court order, or 
                unless a party objects during the conference that 
                initial disclosures are not appropriate in this action 
                and states the objection in the proposed discovery plan. 
                In ruling on the objection, the court must determine 
                what disclosures, if any, are to be made and must set 
                the time for disclosure.
                    (D) Time for Initial Disclosures -- For Parties 
                Served or Joined Later. A party that is first served or 
                otherwise joined after the Rule 26(f) conference must 
                make the initial disclosures within 30 days after being 
                served or joined, unless a different time is set by 
                stipulation or court order.
                    (E) Basis for Initial Disclosure; Unacceptable 
                Excuses. A party must make its initial disclosures based 
                on the information then reasonably available to it. A 
                party is not excused from making its disclosures because 
                it has not fully investigated the case or because it 
                challenges the sufficiency of another party's 
                disclosures or because another party has not made its 
                disclosures.
            (2) Disclosure of Expert Testimony.
                    (A) In General. In addition to the disclosures 
                required by Rule 26(a)(1), a party must disclose to the 
                other parties the identity of any witness it may use at 
                trial to present evidence under Federal Rule of Evidence 
                702, 703, or 705.
                    (B) Written Report. Unless otherwise stipulated or 
                ordered by the court, this disclosure must be 
                accompanied by a written report -- prepared and signed 
                by the witness -- if the witness is one retained or 
                specially employed to provide expert testimony in the 
                case or one whose duties as the party's employee 
                regularly involve giving expert testimony. The report 
                must contain:
                            (i) a complete statement of all opinions the 
                        witness will express and the basis and reasons 
                        for them;
                            (ii) the data or other information 
                        considered by the witness in forming them;
                            (iii) any exhibits that will be used to 
                        summarize or support them;
                            (iv) the witness's qualifications, including 
                        a list of all publications authored in the 
                        previous 10 years;
                            (v) a list of all other cases in which, 
                        during the previous 4 years, the witness 
                        testified as an expert at trial or by 
                        deposition; and
                            (vi) a statement of the compensation to be 
                        paid for the study and testimony in the case.
                    (C) Time to Disclose Expert Testimony. A party must 
                make these disclosures at the times and in the sequence 
                that the court orders. Absent a stipulation or a court 
                order, the disclosures must be made:
                            (i) at least 90 days before the date set for 
                        trial or for the case to be ready for trial; or
                            (ii) if the evidence is intended solely to 
                        contradict or rebut evidence on the same subject 
                        matter identified by another party under Rule 
                        26(a)(2)(B), within 30 days after the other 
                        party's disclosure.
                    (D) Supplementing the Disclosure. The parties must 
                supplement these disclosures when required under Rule 
                26(e).
            (3) Pretrial Disclosures.
                    (A) In General. In addition to the disclosures 
                required by Rule 26(a)(1) and (2), a party must provide 
                to the other parties and promptly file the following 
                information about the evidence that it may present at 
                trial other than solely for impeachment:
                            (i) the name and, if not previously 
                        provided, the address and telephone number of 
                        each witness -- separately identifying those the 
                        party expects to present and those it may call 
                        if the need arises;
                            (ii) the designation of those witnesses 
                        whose testimony the party expects to present by 
                        deposition and, if not taken stenographically, a 
                        transcript of the pertinent parts of the 
                        deposition; and
                            (iii) an identification of each document or 
                        other exhibit, including summaries of other 
                        evidence -- separately identifying those items 
                        the party expects to offer and those it may 
                        offer if the need arises.
                    (B) Time for Pretrial Disclosures; Objections. 
                Unless the court orders otherwise, these disclosures 
                must be made at least 30 days before trial. Within 14 
                days after they are made, unless the court sets a 
                different time, a party may serve and promptly file a 
                list of the following objections: any objections to the 
                use under Rule 32(a) of a deposition designated by 
                another party under Rule 26(a)(3)(A)(ii); and any 
                objection, together with the grounds for it, that may be 
                made to the admissibility of materials identified under 
                Rule 26(a)(3)(A)(iii). 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.
            (4) Form of Disclosures. Unless the court orders otherwise, 
        all disclosures under Rule 26(a) must be in writing, signed, and 
        served.
    (b) Discovery Scope and Limits.
            (1) Scope in General. Unless otherwise limited by court 
        order, the scope of discovery is as follows: Parties may obtain 
        discovery regarding any nonprivileged matter that is relevant to 
        any party's claim or defense -- including the existence, 
        description, nature, custody, condition, and location of any 
        documents or other tangible things and the identity and location 
        of persons who know of any discoverable matter. For good cause, 
        the court may order discovery of any matter relevant to the 
        subject matter involved in the action. Relevant information need 
        not be admissible at the trial if the discovery appears 
        reasonably calculated to lead to the discovery of admissible 
        evidence. All discovery is subject to the limitations imposed by 
        Rule 26(b)(2)(C).
            (2) Limitations on Frequency and Extent.
                    (A) When Permitted. 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. By order or local rule, the court may 
                also limit the number of requests under Rule 36.
                    (B) Specific Limitations on Electronically Stored 
                Information. A party need not provide discovery of 
                electronically stored information from sources that the 
                party identifies as not reasonably accessible because of 
                undue burden or cost. On motion to compel discovery or 
                for a protective order, the party from whom discovery is 
                sought must show that the information is not reasonably 
                accessible because of undue burden or cost. If that 
                showing is made, the court may nonetheless order 
                discovery from such sources if the requesting party 
                shows good cause, considering the limitations of Rule 
                26(b)(2)(C). The court may specify conditions for the 
                discovery.
                    (C) When Required. On motion or on its own, the 
                court must limit the frequency or extent of discovery 
                otherwise allowed by these rules or by local rule if it 
                determines that:
                            (i) the discovery sought is unreasonably 
                        cumulative or duplicative, or can be obtained 
                        from some other source that is more convenient, 
                        less burdensome, or less expensive;
                            (ii) the party seeking discovery has had 
                        ample opportunity to obtain the information by 
                        discovery in the action; or
                            (iii) the burden or expense of the proposed 
                        discovery outweighs its likely benefit, 
                        considering the needs of the case, the amount in 
                        controversy, the parties' resources, the 
                        importance of the issues at stake in the action, 
                        and the importance of the discovery in resolving 
                        the issues.
            (3) Trial Preparation: Materials.
                    (A) Documents and Tangible Things. Ordinarily, a 
                party may not discover documents and tangible things 
                that are prepared in anticipation of litigation or for 
                trial by or for another party or its representative 
                (including the other party's attorney, consultant, 
                surety, indemnitor, insurer, or agent). But, subject to 
                Rule 26(b)(4), those materials may be discovered if:
                            (i) they are otherwise discoverable under 
                        Rule 26(b)(1); and
                            (ii) the party shows that it has substantial 
                        need for the materials to prepare its case and 
                        cannot, without undue hardship, obtain their 
                        substantial equivalent by other means.
                    (B) Protection Against Disclosure. If the court 
                orders discovery of those materials, it must protect 
                against disclosure of the mental impressions, 
                conclusions, opinions, or legal theories of a party's 
                attorney or other representative concerning the 
                litigation.
                    (C) Previous Statement. Any party or other person 
                may, on request and without the required showing, obtain 
                the person's own previous statement about the action or 
                its subject matter. If the request is refused, the 
                person may move for a court order, and Rule 37(a)(5) 
                applies to the award of expenses. A previous statement 
                is either:
                            (i) a written statement that the person has 
                        signed or otherwise adopted or approved; or
                            (ii) a contemporaneous stenographic, 
                        mechanical, electrical, or other recording -- or 
                        a transcription of it -- that recites 
                        substantially verbatim the person's oral 
                        statement.
            (4) Trial Preparation: Experts.
                    (A) Expert Who May Testify. A party may depose any 
                person who has been identified as an expert whose 
                opinions may be presented at trial. If Rule 26(a)(2)(B) 
                requires a report from the expert, the deposition may be 
                conducted only after the report is provided.
                    (B) Expert Employed Only for Trial Preparation. 
                Ordinarily, a party may not, by interrogatories or 
                deposition, discover facts known or opinions held by an 
                expert who has been retained or specially employed by 
                another party in anticipation of litigation or to 
                prepare for trial and who is not expected to be called 
                as a witness at trial. But a party may do so only:
                            (i) as provided in Rule 35(b); or
                            (ii) on showing exceptional circumstances 
                        under which it is impracticable for the party to 
                        obtain facts or opinions on the same subject by 
                        other means.
                    (C) Payment. Unless manifest injustice would result, 
                the court must require that the party seeking discovery:
                            (i) pay the expert a reasonable fee for time 
                        spent in responding to discovery under Rule 
                        26(b)(4)(A) or (B); and
                            (ii) for discovery under (B), also pay the 
                        other party a fair portion of the fees and 
                        expenses it reasonably incurred in obtaining the 
                        expert's facts and opinions.
            (5) Claiming Privilege or Protecting Trial-Preparation 
        Materials.
                    (A) Information Withheld. When a party withholds 
                information otherwise discoverable by claiming that the 
                information is privileged or subject to protection as 
                trial-preparation material, the party must:
                            (i) expressly make the claim; and
                            (ii) describe the nature of the documents, 
                        communications, or tangible things not produced 
                        or disclosed -- and do so in a manner that, 
                        without revealing information itself privileged 
                        or protected, will enable other parties to 
                        assess the claim.
                    (B) Information Produced. If information produced in 
                discovery is subject to a claim of privilege or of 
                protection as trial-preparation material, the party 
                making the claim may notify any party that received the 
                information of the claim and the basis for it. After 
                being notified, a party must promptly return, sequester, 
                or destroy the specified information and any copies it 
                has; must not use or disclose the information until the 
                claim is resolved; must take reasonable steps to 
                retrieve the information if the party disclosed it 
                before being notified; and may promptly present the 
                information to the court under seal for a determination 
                of the claim. The producing party must preserve the 
                information until the claim is resolved.
    (c) Protective Orders.
            (1) In General. A party or any person from whom discovery is 
        sought may move for a protective order in the court where the 
        action is pending -- or as an alternative on matters relating to 
        a deposition, in the court for the district where the deposition 
        will be taken. The motion must include a certification that the 
        movant has in good faith conferred or attempted to confer with 
        other affected parties in an effort to resolve the dispute 
        without court action. The court may, for good cause, issue an 
        order to protect a party or person from annoyance, 
        embarrassment, oppression, or undue burden or expense, including 
        one or more of the following:
                    (A) forbidding the disclosure or discovery;
                    (B) specifying terms, including time and place, for 
                the disclosure or discovery;
                    (C) prescribing a discovery method other than the 
                one selected by the party seeking discovery;
                    (D) forbidding inquiry into certain matters, or 
                limiting the scope of disclosure or discovery to certain 
                matters;
                    (E) designating the persons who may be present while 
                the discovery is conducted;
                    (F) requiring that a deposition be sealed and opened 
                only on court order;
                    (G) requiring that a trade secret or other 
                confidential research, development, or commercial 
                information not be revealed or be revealed only in a 
                specified way; and
                    (H) requiring that the parties simultaneously file 
                specified documents or information in sealed envelopes, 
                to be opened as the court directs.
            (2) Ordering Discovery. If a motion for a protective order 
        is wholly or partly denied, the court may, on just terms, order 
        that any party or person provide or permit discovery.
            (3) Awarding Expenses. Rule 37(a)(5) applies to the award of 
        expenses.
    (d) Timing and Sequence of Discovery.
            (1) Timing. A party may not seek discovery from any source 
        before the parties have conferred as required by Rule 26(f), 
        except in a proceeding exempted from initial disclosure under 
        Rule 26(a)(1)(B), or when authorized by these rules, by 
        stipulation, or by court order.
            (2) Sequence. Unless, on motion, the court orders otherwise 
        for the parties' and witnesses' convenience and in the interests 
        of justice:
                    (A) methods of discovery may be used in any 
                sequence; and
                    (B) discovery by one party does not require any 
                other party to delay its discovery.
    (e) Supplementing Disclosures and Responses.
            (1) In General. A party who has made a disclosure under Rule 
        26(a) -- or who has responded to an interrogatory, request for 
        production, or request for admission -- must supplement or 
        correct its disclosure or response:
                    (A) in a timely manner if the party learns that in 
                some material respect the disclosure or response is 
                incomplete or incorrect, and if the additional or 
                corrective information has not otherwise been made known 
                to the other parties during the discovery process or in 
                writing; or
                    (B) as ordered by the court.
            (2) Expert Witness. For an expert whose report must be 
        disclosed under Rule 26(a)(2)(B), the party's duty to supplement 
        extends both to information included in the report and to 
        information given during the expert's deposition. Any additions 
        or changes to this information must be disclosed by the time the 
        party's pretrial disclosures under Rule 26(a)(3) are due.
    (f) Conference of the Parties; Planning for Discovery.
            (1) Conference Timing. Except in a proceeding exempted from 
        initial disclosure under Rule 26(a)(1)(B) or when the court 
        orders otherwise, the parties must confer as soon as practicable 
        -- and in any event at least 21 days before a scheduling 
        conference is to be held or a scheduling order is due under Rule 
        16(b).
            (2) Conference Content; Parties' Responsibilities. In 
        conferring, the parties must consider the nature and basis of 
        their claims and defenses and the possibilities for promptly 
        settling or resolving the case; make or arrange for the 
        disclosures required by Rule 26(a)(1); discuss any issues about 
        preserving discoverable information; and develop a proposed 
        discovery plan. The attorneys of record and all unrepresented 
        parties that have appeared in the case are jointly responsible 
        for arranging the conference, for attempting in good faith to 
        agree on the proposed discovery plan, and for submitting to the 
        court within 14 days after the conference a written report 
        outlining the plan. The court may order the parties or attorneys 
        to attend the conference in person.
            (3) Discovery Plan. A discovery plan must state the parties' 
        views and proposals on:
                    (A) what changes should be made in the timing, form, 
                or requirement for disclosures under Rule 26(a), 
                including a statement of when initial disclosures were 
                made or will be made;
                    (B) the subjects on which discovery may be needed, 
                when discovery should be completed, and whether 
                discovery should be conducted in phases or be limited to 
                or focused on particular issues;
                    (C) any issues about disclosure or discovery of 
                electronically stored information, including the form or 
                forms in which it should be produced;
                    (D) any issues about claims of privilege or of 
                protection as trial-preparation materials, including -- 
                if the parties agree on a procedure to assert these 
                claims after production -- whether to ask the court to 
                include their agreement in an order;
                    (E) what changes should be made in the limitations 
                on discovery imposed under these rules or by local rule, 
                and what other limitations should be imposed; and
                    (F) any other orders that the court should issue 
                under Rule 26(c) or under Rule 16(b) and (c).
            (4) Expedited Schedule. If necessary to comply with its 
        expedited schedule for Rule 16(b) conferences, a court may by 
        local rule:
                    (A) require the parties' conference to occur less 
                than 21 days before the scheduling conference is held or 
                a scheduling order is due under Rule 16(b); and
                    (B) require the written report outlining the 
                discovery plan to be filed less than 14 days after the 
                parties' conference, or excuse the parties from 
                submitting a written report and permit them to report 
                orally on their discovery plan at the Rule 16(b) 
                conference.
    (g) Signing Disclosures and Discovery Requests, Responses, and 
Objections.
            (1) Signature Required; Effect of Signature. Every 
        disclosure under Rule 26(a)(1) or (a)(3) and every discovery 
        request, response, or objection must be signed by at least one 
        attorney of record in the attorney's own name -- or by the party 
        personally, if unrepresented -- and must state the signer's 
        address, e-mail address, and telephone number. By signing, an 
        attorney or party certifies that to the best of the person's 
        knowledge, information, and belief formed after a reasonable 
        inquiry:
                    (A) with respect to a disclosure, it is complete and 
                correct as of the time it is made; and
                    (B) with respect to a discovery request, response, 
                or objection, it is:
                            (i) consistent with these rules and 
                        warranted by existing law or by a nonfrivolous 
                        argument for extending, modifying, or reversing 
                        existing law, or for establishing new law;
                            (ii) not interposed for any improper 
                        purpose, such as to harass, cause unnecessary 
                        delay, or needlessly increase the cost of 
                        litigation; and
                            (iii) neither unreasonable nor unduly 
                        burdensome or expensive, considering the needs 
                        of the case, prior discovery in the case, the 
                        amount in controversy, and the importance of the 
                        issues at stake in the action.
            (2) Failure to Sign. Other parties have no duty to act on an 
        unsigned disclosure, request, response, or objection until it is 
        signed, and the court must strike it unless a signature is 
        promptly supplied after the omission is called to the attorney's 
        or party's attention.
            (3) Sanction for Improper Certification. If a certification 
        violates this rule without substantial justification, the court, 
        on motion or on its own, must impose an appropriate sanction on 
        the signer, the party on whose behalf the signer was acting, or 
        both. The sanction may include an order to pay the reasonable 
        expenses, including attorney's fees, caused by the violation.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 30, 1970, eff. July 1, 
1970; Apr. 29, 1980, eff. Aug. 1, 1980; Apr. 28, 1983, eff. Aug. 1, 
1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; 
Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 
30, 2007, eff. Dec. 1, 2007.)
Rule 27
. Depositions to Perpetuate Testimony_____________________________
    (a) Before an Action Is Filed.
            (1) Petition. A person who wants to perpetuate testimony 
        about any matter cognizable in a United States court may file a 
        verified petition in the district court for the district where 
        any expected adverse party resides. The petition must ask for an 
        order authorizing the petitioner to depose the named persons in 
        order to perpetuate their testimony. The petition must be titled 
        in the petitioner's name and must show:
                    (A) that the petitioner expects to be a party to an 
                action cognizable in a United States court but cannot 
                presently bring it or cause it to be brought;
                    (B) the subject matter of the expected action and 
                the petitioner's interest;
                    (C) the facts that the petitioner wants to establish 
                by the proposed testimony and the reasons to perpetuate 
                it;
                    (D) the names or a description of the persons whom 
                the petitioner expects to be adverse parties and their 
                addresses, so far as known; and
                    (E) the name, address, and expected substance of the 
                testimony of each deponent.
            (2) Notice and Service. At least 20 days before the hearing 
        date, the petitioner must serve each expected adverse party with 
        a copy of the petition and a notice stating the time and place 
        of the hearing. The notice may be served either inside or 
        outside the district or state in the manner provided in Rule 4. 
        If that service cannot be made with reasonable diligence on an 
        expected adverse party, the court may order service by 
        publication or otherwise. The court must appoint an attorney to 
        represent persons not served in the manner provided in Rule 4 
        and to cross-examine the deponent if an unserved person is not 
        otherwise represented. If any expected adverse party is a minor 
        or is incompetent, Rule 17(c) applies.
            (3) Order and Examination. If satisfied that perpetuating 
        the testimony may prevent a failure or delay of justice, the 
        court must issue an order that designates or describes the 
        persons whose depositions may be taken, specifies the subject 
        matter of the examinations, and states whether the depositions 
        will be taken orally or by written interrogatories. 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 filed.
            (4) Using the Deposition. A deposition to perpetuate 
        testimony may be used under Rule 32(a) in any later-filed 
        district-court action involving the same subject matter if the 
        deposition either was taken under these rules or, although not 
        so taken, would be admissible in evidence in the courts of the 
        state where it was taken.
    (b) Pending Appeal.
            (1) In General. The court where a judgment has been rendered 
        may, if an appeal has been taken or may still be taken, permit a 
        party to depose witnesses to perpetuate their testimony for use 
        in the event of further proceedings in that court.
            (2) Motion. The party who wants to perpetuate testimony may 
        move for leave to take the depositions, on the same notice and 
        service as if the action were pending in the district court. The 
        motion must show:
                    (A) the name, address, and expected substance of the 
                testimony of each deponent; and
                    (B) the reasons for perpetuating the testimony.
            (3) Court Order. If the court finds that perpetuating the 
        testimony may prevent a failure or delay of justice, the court 
        may permit the depositions to be taken and may issue orders like 
        those authorized by Rules 34 and 35. The depositions may be 
        taken and used as any other deposition taken in a pending 
        district-court action.
    (c) Perpetuation by an Action. This rule does not limit a court's 
power to entertain an action to perpetuate testimony.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 28
. Persons Before Whom Depositions May Be Taken____________________
    (a) Within the United States.
            (1) In General. Within the United States or a territory or 
        insular possession subject to United States jurisdiction, a 
        deposition must be taken before:
                    (A) an officer authorized to administer oaths either 
                by federal law or by the law in the place of 
                examination; or
                    (B) a person appointed by the court where the action 
                is pending to administer oaths and take testimony.
            (2) Definition of ``Officer.'' 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).
    (b) In a Foreign Country.
            (1) In General. A deposition may be taken in a foreign 
        country:
                    (A) under an applicable treaty or convention;
                    (B) under a letter of request, whether or not 
                captioned 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
                    (D) before a person commissioned by the court to 
                administer any necessary oath and take testimony.
            (2) Issuing a Letter of Request or a Commission. A letter of 
        request, a commission, or both may be issued:
                    (A) on appropriate terms after an application and 
                notice of it; and
                    (B) without a showing that taking the deposition in 
                another manner is impracticable or inconvenient.
            (3) Form of a Request, Notice, or Commission. When a letter 
        of request or any other device is used according to a treaty or 
        convention, it must be captioned in the form prescribed by that 
        treaty or convention. A letter of request may be addressed ``To 
        the Appropriate Authority in [name of country].'' A deposition 
        notice or a commission must designate by name or descriptive 
        title the person before whom the deposition is to be taken.
            (4) Letter of Request -- Admitting Evidence. Evidence 
        obtained in response to a letter of request need not be excluded 
        merely because it is not a verbatim transcript, because the 
        testimony was not taken under oath, or because of any similar 
        departure from the requirements for depositions taken within the 
        United States.
    (c) Disqualification. A deposition must not be taken before a person 
who is any party's relative, employee, or attorney; who is related to or 
employed by any party's attorney; or who is financially interested in 
the action.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 1, 2007, eff. Dec. 1, 
2007.)
Rule 29
. Stipulations About Discovery Procedure__________________________
    Unless the court orders otherwise, the parties may stipulate that:
    (a) a deposition may be taken before any person, at any time or 
place, on any notice, and in the manner specified -- in which event it 
may be used in the same 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 discovery must have 
court approval if it would interfere with the time set for completing 
discovery, for hearing a motion, or for trial.
(As amended Mar. 30, 1970, eff. July 1, 1970; Apr. 22, 1993, eff. Dec. 
1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 30
. Depositions by Oral Examination_________________________________
    (a) When a Deposition May Be Taken.
            (1) Without Leave. A party may, by oral questions, depose 
        any person, including a party, without leave of court except as 
        provided in Rule 30(a)(2). The deponent's attendance may be 
        compelled by subpoena under Rule 45.
            (2) With Leave. A party must obtain leave of court, and the 
        court must grant leave to the extent consistent with Rule 
        26(b)(2):
                    (A) if the parties have not stipulated to the 
                deposition and:
                            (i) the deposition would result in more than 
                        10 depositions being taken under this rule or 
                        Rule 31 by the plaintiffs, or by the defendants, 
                        or by the third-party defendants;
                            (ii) the deponent has already been deposed 
                        in the case; or
                            (iii) the party seeks to take the deposition 
                        before the time specified in Rule 26(d), unless 
                        the party certifies in the notice, with 
                        supporting facts, that the deponent is expected 
                        to leave the United States and be unavailable 
                        for examination in this country after that time; 
                        or
                    (B) if the deponent is confined in prison.
    (b) Notice of the Deposition; Other Formal Requirements.
            (1) Notice in General. A party who wants to depose a person 
        by oral questions must give reasonable written notice to every 
        other party. The notice must state the time and place of the 
        deposition and, if known, the deponent's name and address. If 
        the name is unknown, the notice must provide a general 
        description sufficient to identify the person or the particular 
        class or group to which the person belongs.
            (2) Producing Documents. If a subpoena duces tecum is to be 
        served on the deponent, the materials designated for production, 
        as set out in the subpoena, must be listed in the notice or in 
        an attachment. The notice to a party deponent may be accompanied 
        by a request under Rule 34 to produce documents and tangible 
        things at the deposition.
            (3) Method of Recording.
                    (A) Method Stated in the Notice. The party who 
                notices the deposition must state in the notice the 
                method for recording the testimony. Unless the court 
                orders otherwise, testimony may be recorded by audio, 
                audiovisual, or stenographic means. The noticing party 
                bears the recording costs. Any party may arrange to 
                transcribe a deposition.
                    (B) Additional Method. With prior notice to the 
                deponent and other parties, any party may designate 
                another method for recording the testimony in addition 
                to that specified in the original notice. That party 
                bears the expense of the additional record or transcript 
                unless the court orders otherwise.
            (4) By Remote Means. The parties may stipulate -- or the 
        court may on motion order -- that a deposition be taken by 
        telephone or other remote means. For the purpose of this rule 
        and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes 
        place where the deponent answers the questions.
            (5) Officer's Duties.
                    (A) Before the Deposition. Unless the parties 
                stipulate otherwise, a deposition must be conducted 
                before an officer appointed or designated under Rule 28. 
                The officer must begin the deposition with an on-the-
                record statement that includes:
                            (i) the officer's name and business address;
                            (ii) the date, time, and place of the 
                        deposition;
                            (iii) the deponent's name;
                            (iv) the officer's administration of the 
                        oath or affirmation to the deponent; and
                            (v) the identity of all persons present.
                    (B) Conducting the Deposition; Avoiding Distortion. 
                If the deposition is recorded nonstenographically, the 
                officer must repeat the items in Rule 30(b)(5)(A)(i)-
                (iii) at the beginning of each unit of the recording 
                medium. The deponent's and attorneys' appearance or 
                demeanor must not be distorted through recording 
                techniques.
                    (C) After the Deposition. At the end of a 
                deposition, the officer must state on the record that 
                the deposition is complete and must set out any 
                stipulations made by the attorneys about custody of the 
                transcript or recording and of the exhibits, or about 
                any other pertinent matters.
            (6) Notice or Subpoena Directed to an Organization. In its 
        notice or subpoena, a party may name as the deponent a public or 
        private corporation, a partnership, an association, a 
        governmental agency, or other entity and must describe with 
        reasonable particularity the matters for examination. The named 
        organization must then designate one or more officers, 
        directors, or managing agents, or designate other persons who 
        consent to testify on its behalf; and it may set out the matters 
        on which each person designated will testify. A subpoena must 
        advise a nonparty organization of its duty to make this 
        designation. The persons designated must testify about 
        information known or reasonably available to the organization. 
        This paragraph (6) does not preclude a deposition by any other 
        procedure allowed by these rules.
    (c) Examination and Cross-Examination; Record of the Examination; 
Objections; Written Questions.
            (1) Examination and Cross-Examination. 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. 
        After putting the deponent under oath or affirmation, the 
        officer must record the testimony by the method designated under 
        Rule 30(b)(3)(A). The testimony must be recorded by the officer 
        personally or by a person acting in the presence and under the 
        direction of the officer.
            (2) Objections. An objection at the time of the examination 
        -- whether to evidence, to a party's conduct, to the officer's 
        qualifications, to the manner of taking the deposition, or to 
        any other aspect of the deposition -- must be noted on the 
        record, but the examination still proceeds; the testimony is 
        taken subject to any objection. An objection must be stated 
        concisely in a nonargumentative and nonsuggestive manner. A 
        person may instruct a deponent not to answer only when necessary 
        to preserve a privilege, to enforce a limitation ordered by the 
        court, or to present a motion under Rule 30(d)(3).
            (3) Participating Through Written Questions. Instead of 
        participating in the oral examination, a party may serve written 
        questions in a sealed envelope on the party noticing the 
        deposition, who must deliver them to the officer. The officer 
        must ask the deponent those questions and record the answers 
        verbatim.
    (d) Duration; Sanction; Motion to Terminate or Limit.
            (1) Duration. Unless otherwise stipulated or ordered by the 
        court, a deposition is limited to 1 day of 7 hours. The court 
        must allow additional time consistent with Rule 26(b)(2) if 
        needed to fairly examine the deponent or if the deponent, 
        another person, or any other circumstance impedes or delays the 
        examination.
            (2) Sanction. The court may impose an appropriate sanction 
        -- including the reasonable expenses and attorney's fees 
        incurred by any party -- on a person who impedes, delays, or 
        frustrates the fair examination of the deponent.
            (3) Motion to Terminate or Limit.
                    (A) Grounds. At any time during a deposition, the 
                deponent or a party may move to terminate or limit it on 
                the ground that it is being conducted in bad faith or in 
                a manner that unreasonably annoys, embarrasses, or 
                oppresses the deponent or party. The motion may be filed 
                in the court where the action is pending or the 
                deposition is being taken. If the objecting deponent or 
                party so demands, the deposition must be suspended for 
                the time necessary to obtain an order.
                    (B) Order. The court may order that the deposition 
                be terminated or may limit its scope and manner as 
                provided in Rule 26(c). If terminated, the deposition 
                may be resumed only by order of the court where the 
                action is pending.
                    (C) Award of Expenses. Rule 37(a)(5) applies to the 
                award of expenses.
    (e) Review by the Witness; Changes.
            (1) Review; Statement of Changes. On request by the deponent 
        or a party before the deposition is completed, the deponent must 
        be allowed 30 days after being notified by the officer that the 
        transcript or recording is available in which:
                    (A) to review the transcript or recording; and
                    (B) if there are changes in form or substance, to 
                sign a statement listing the changes and the reasons for 
                making them.
            (2) Changes Indicated in the Officer's Certificate. The 
        officer must note in the certificate prescribed by Rule 30(f)(1) 
        whether a review was requested and, if so, must attach any 
        changes the deponent makes during the 30-day period.
    (f) Certification and Delivery; Exhibits; Copies of the Transcript 
or Recording; Filing.
            (1) Certification and Delivery. The officer must certify in 
        writing that the witness was duly sworn and that the deposition 
        accurately records the witness's testimony. The certificate must 
        accompany the record of the deposition. Unless the court orders 
        otherwise, the officer must seal the deposition in an envelope 
        or package bearing the title of the action and marked 
        ``Deposition of [witness's name]'' and must promptly send it to 
        the attorney who arranged for the transcript or recording. The 
        attorney must store it under conditions that will protect it 
        against loss, destruction, tampering, or deterioration.
            (2) Documents and Tangible Things.
                    (A) Originals and Copies. Documents and tangible 
                things produced for inspection during a deposition must, 
                on a party's request, be marked for identification and 
                attached to the deposition. Any party may inspect and 
                copy them. But if the person who produced them wants to 
                keep the originals, the person may:
                            (i) offer copies to be marked, attached to 
                        the deposition, and then used as originals -- 
                        after giving all parties a fair opportunity to 
                        verify the copies by comparing them with the 
                        originals; or
                            (ii) give all parties a fair opportunity to 
                        inspect and copy the originals after they are 
                        marked -- in which event the originals may be 
                        used as if attached to the deposition.
                    (B) Order Regarding the Originals. Any party may 
                move for an order that the originals be attached to the 
                deposition pending final disposition of the case.
            (3) Copies of the Transcript or Recording. Unless otherwise 
        stipulated or ordered by the court, the officer must retain the 
        stenographic notes of a deposition taken stenographically or a 
        copy of the recording of a deposition taken by another method. 
        When paid reasonable charges, the officer must furnish a copy of 
        the transcript or recording to any party or the deponent.
            (4) Notice of Filing. A party who files the deposition must 
        promptly notify all other parties of the filing.
    (g) Failure to Attend a Deposition or Serve a Subpoena; Expenses. A 
party who, expecting a deposition to be taken, attends in person or by 
an attorney may recover reasonable expenses for attending, including 
attorney's fees, if the noticing party failed to:
            (1) attend and proceed with the deposition; or
            (2) serve a subpoena on a nonparty deponent, who 
        consequently did not attend.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 
1, 1970; Mar. 1, 1971, eff. July 1, 1971; Nov. 20, 1972, eff. July 1, 
1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; 
Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 
30, 2007, eff. Dec. 1, 2007.)
Rule 31
. Depositions by Written Questions________________________________
    (a) When a Deposition May Be Taken.
            (1) Without Leave. A party may, by written questions, depose 
        any person, including a party, without leave of court except as 
        provided in Rule 31(a)(2). The deponent's attendance may be 
        compelled by subpoena under Rule 45.
            (2) With Leave. A party must obtain leave of court, and the 
        court must grant leave to the extent consistent with Rule 
        26(b)(2):
                    (A) if the parties have not stipulated to the 
                deposition and:
                            (i) the deposition would result in more than 
                        10 depositions being taken under this rule or 
                        Rule 30 by the plaintiffs, or by the defendants, 
                        or by the third-party defendants;
                            (ii) the deponent has already been deposed 
                        in the case; or
                            (iii) the party seeks to take a deposition 
                        before the time specified in Rule 26(d); or
                    (B) if the deponent is confined in prison.
            (3) Service; Required Notice. A party who wants to depose a 
        person by written questions must serve them on every other 
        party, with a notice stating, if known, the deponent's name and 
        address. If the name is unknown, the notice must provide a 
        general description sufficient to identify the person or the 
        particular class or group to which the person belongs. The 
        notice must also state the name or descriptive title and the 
        address of the officer before whom the deposition will be taken.
            (4) Questions Directed to an Organization. A public or 
        private corporation, a partnership, an association, or a 
        governmental agency may be deposed by written questions in 
        accordance with Rule 30(b)(6).
            (5) Questions from Other Parties. Any questions to the 
        deponent from other parties must be served on all parties as 
        follows: cross-questions, within 14 days after being served with 
        the notice and direct questions; redirect questions, within 7 
        days after being served with cross-questions; and recross-
        questions, within 7 days after being served with redirect 
        questions. The court may, for good cause, extend or shorten 
        these times.
    (b) Delivery to the Officer; Officer's Duties. The party who noticed 
the deposition must deliver to the officer a copy of all the questions 
served and of the notice. The officer must promptly proceed in the 
manner provided in Rule 30(c), (e), and (f) to:
            (1) take the deponent's testimony in response to the 
        questions;
            (2) prepare and certify the deposition; and
            (3) send it to the party, attaching a copy of the questions 
        and of the notice.
    (c) Notice of Completion or Filing.
            (1) Completion. The party who noticed the deposition must 
        notify all other parties when it is completed.
            (2) Filing. A party who files the deposition must promptly 
        notify all other parties of the filing.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 32
. Using Depositions in Court Proceedings__________________________
    (a) Using Depositions.
            (1) In General. At a hearing or trial, all or part of a 
        deposition may be used against a party on these conditions:
                    (A) the party was present or represented at the 
                taking 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 were 
                present and testifying; and
                    (C) the use is allowed by Rule 32(a)(2) through (8).
            (2) Impeachment and Other Uses. Any party may use a 
        deposition to contradict or impeach the testimony given by the 
        deponent as a witness, or for any other purpose allowed by the 
        Federal Rules of Evidence.
            (3) Deposition of Party, Agent, or Designee. An adverse 
        party may use for any purpose the deposition of a party or 
        anyone who, when deposed, was the party's officer, director, 
        managing agent, or designee under Rule 30(b)(6) or 31(a)(4).
            (4) Unavailable Witness. A party may use for any purpose the 
        deposition of a witness, whether or not a party, if the court 
        finds:
                    (A) that the witness is dead;
                    (B) that the witness is more than 100 miles from the 
                place of hearing or trial or is outside the United 
                States, unless it appears that the witness's absence was 
                procured by the party offering the deposition;
                    (C) that the witness cannot attend or testify 
                because of age, illness, infirmity, or imprisonment;
                    (D) that the party offering the deposition could not 
                procure the witness's attendance by subpoena; or
                    (E) on motion and notice, that exceptional 
                circumstances make it desirable -- in the interest of 
                justice and with due regard to the importance of live 
                testimony in open court -- to permit the deposition to 
                be used.
            (5) Limitations on Use.
                    (A) Deposition Taken on Short Notice. A deposition 
                must not be used against a party who, having received 
                less than 11 days' notice of the deposition, promptly 
                moved for a protective order under Rule 26(c)(1)(B) 
                requesting that it not be taken or be taken at a 
                different time or place -- and this motion was still 
                pending when the deposition was taken.
                    (B) Unavailable Deponent; Party Could Not Obtain an 
                Attorney. A deposition taken without leave of court 
                under the unavailability provision of Rule 
                30(a)(2)(A)(iii) must not be used against a party who 
                shows that, when served with the notice, it could not, 
                despite diligent efforts, obtain an attorney to 
                represent it at the deposition.
            (6) Using Part of a Deposition. If a party offers in 
        evidence only part of a deposition, an adverse party may require 
        the offeror to introduce other parts that in fairness should be 
        considered with the part introduced, and any party may itself 
        introduce any other parts.
            (7) Substituting a Party. Substituting a party under Rule 25 
        does not affect the right to use a deposition previously taken.
            (8) Deposition Taken in an Earlier Action. A deposition 
        lawfully taken and, if required, filed in any federal- or state-
        court action may be used in a later action involving the same 
        subject matter between the same parties, or their 
        representatives or successors in interest, to the same extent as 
        if taken in the later action. A deposition previously taken may 
        also be used as allowed by the Federal Rules of Evidence.
    (b) Objections to Admissibility. Subject to Rules 28(b) and 
32(d)(3), an objection may be made at a hearing or trial to the 
admission of any deposition testimony that would be inadmissible if the 
witness were present and testifying.
    (c) Form of Presentation. Unless the court orders otherwise, a party 
must provide a transcript of any deposition testimony the party offers, 
but may provide the court with the testimony in nontranscript form as 
well. On any party's request, deposition testimony offered in a jury 
trial for any purpose other than impeachment must be presented in 
nontranscript form, if available, unless the court for good cause orders 
otherwise.
    (d) Waiver of Objections.
            (1) To the Notice. An objection to an error or irregularity 
        in a deposition notice is waived unless promptly served in 
        writing on the party giving the notice.
            (2) To the Officer's Qualification. An objection based on 
        disqualification of the officer before whom a deposition is to 
        be taken is waived if not made:
                    (A) before the deposition begins; or
                    (B) promptly after the basis for disqualification 
                becomes known or, with reasonable diligence, could have 
                been known.
            (3) To the Taking of the Deposition.
                    (A) Objection to Competence, Relevance, or 
                Materiality. An objection to a deponent's competence -- 
                or to the competence, relevance, or materiality of 
                testimony -- is not waived by a failure to make the 
                objection before or during the deposition, unless the 
                ground for it might have been corrected at that time.
                    (B) Objection to an Error or Irregularity. An 
                objection to an error or irregularity at an oral 
                examination is waived if:
                            (i) it relates to the manner of taking the 
                        deposition, the form of a question or answer, 
                        the oath or affirmation, a party's conduct, or 
                        other matters that might have been corrected at 
                        that time; and
                            (ii) it is not timely made during the 
                        deposition.
                    (C) Objection to a Written Question. An objection to 
                the form of a written question under Rule 31 is waived 
                if not served in writing on the party submitting the 
                question within the time for serving responsive 
                questions or, if the question is a recross-question, 
                within 5 days after being served with it.
            (4) To Completing and Returning the Deposition. An objection 
        to how the officer transcribed the testimony -- or prepared, 
        signed, certified, sealed, endorsed, sent, or otherwise dealt 
        with the deposition -- is waived unless a motion to suppress is 
        made promptly after the error or irregularity becomes known or, 
        with reasonable diligence, could have been known.
(As amended Mar. 30, 1970, eff. July 1, 1970; Nov. 20, 1972, eff. July 
1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 33
. Interrogatories to Parties______________________________________
    (a) In General.
            (1) Number. Unless otherwise stipulated or ordered by the 
        court, a party may serve on any other party no more than 25 
        written interrogatories, including all discrete subparts. Leave 
        to serve additional interrogatories may be granted to the extent 
        consistent with Rule 26(b)(2).
            (2) Scope. An interrogatory may relate to any matter that 
        may be inquired into under Rule 26(b). 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 court may order that the interrogatory need not be 
        answered until designated discovery is complete, or until a 
        pretrial conference or some other time.
    (b) Answers and Objections.
            (1) Responding Party. The interrogatories must be answered:
                    (A) by the party to whom they are directed; or
                    (B) if that party is a public or private 
                corporation, a partnership, an association, or a 
                governmental agency, by any officer or agent, who must 
                furnish the information available to the party.
            (2) Time to Respond. The responding party must serve its 
        answers and any objections within 30 days after being served 
        with the interrogatories. A shorter or longer time may be 
        stipulated to under Rule 29 or be ordered by the court.
            (3) Answering Each Interrogatory. Each interrogatory must, 
        to the extent it is not objected to, be answered separately and 
        fully in writing under oath.
            (4) Objections. The grounds for objecting to an 
        interrogatory must be stated with specificity. Any ground not 
        stated in a timely objection is waived unless the court, for 
        good cause, excuses the failure.
            (5) Signature. The person who makes the answers must sign 
        them, and the attorney who objects must sign any objections.
    (c) Use. An answer to an interrogatory may be used to the extent 
allowed by the Federal Rules of Evidence.
    (d) Option to Produce Business Records. If the answer to an 
interrogatory may be determined by examining, auditing, compiling, 
abstracting, or summarizing a party's business records (including 
electronically stored information), and if the burden of deriving or 
ascertaining the answer will be substantially the same for either party, 
the responding party may answer by:
            (1) specifying the records that must be reviewed, in 
        sufficient detail to enable the interrogating party to locate 
        and identify them as readily as the responding party could; and
            (2) giving the interrogating party a reasonable opportunity 
        to examine and audit the records and to make copies, 
        compilations, abstracts, or summaries.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 
1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 34
. Producing Documents, Electronically Stored Information, and 
Tangible Things, or Entering onto Land, for Inspection and Other 
Purposes________________________________________________________________
    (a) In General. A party may serve on any other party a request 
within the scope of Rule 26(b):
            (1) to produce and permit the requesting party or its 
        representative to inspect, copy, test, or sample the following 
        items in the responding party's possession, custody, or control:
                    (A) any designated documents or electronically 
                stored information -- including writings, drawings, 
                graphs, charts, photographs, sound recordings, images, 
                and other data or data compilations -- stored in any 
                medium from which information can be obtained either 
                directly or, if necessary, after translation by the 
                responding party into a reasonably usable form; or
                    (B) any designated tangible things; or
            (2) to permit entry onto designated land or other property 
        possessed or controlled by the responding party, so that the 
        requesting party may inspect, measure, survey, photograph, test, 
        or sample the property or any designated object or operation on 
        it.
    (b) Procedure.
            (1) Contents of the Request. The request:
                    (A) must describe with reasonable particularity each 
                item or category of items to be inspected;
                    (B) must specify a reasonable time, place, and 
                manner for the inspection and for performing the related 
                acts; and
                    (C) may specify the form or forms in which 
                electronically stored information is to be produced.
            (2) Responses and Objections.
                    (A) Time to Respond. The party to whom the request 
                is directed must respond in writing within 30 days after 
                being served. A shorter or longer time may be stipulated 
                to under Rule 29 or be ordered by the court.
                    (B) Responding to Each Item. For each item or 
                category, the response must either state that inspection 
                and related activities will be permitted as requested or 
                state an objection to the request, including the 
                reasons.
                    (C) Objections. An objection to part of a request 
                must specify the part and permit inspection of the rest.
                    (D) Responding to a Request for Production of 
                Electronically Stored Information. The response may 
                state an objection to a requested form for producing 
                electronically stored information. If the responding 
                party objects to a requested form -- or if no form was 
                specified in the request -- the party must state the 
                form or forms it intends to use.
                    (E) Producing the Documents or Electronically Stored 
                Information. Unless otherwise stipulated or ordered by 
                the court, these procedures apply to producing documents 
                or electronically stored information:
                            (i) A party must produce documents as they 
                        are kept in the usual course of business or must 
                        organize and label them to correspond to the 
                        categories in the request;
                            (ii) If a request does not specify a form 
                        for producing electronically stored information, 
                        a party must produce it in a form or forms in 
                        which it is ordinarily maintained or in a 
                        reasonably usable form or forms; and
                            (iii) A party need not produce the same 
                        electronically stored information in more than 
                        one form.
    (c) Nonparties. As provided in Rule 45, a nonparty may be compelled 
to produce documents and tangible things or to permit an inspection.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 
1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 35
. Physical and Mental Examinations________________________________
    (a) Order for an Examination.
            (1) In General. The court where the action is pending may 
        order a party whose mental or physical condition -- including 
        blood group -- is in controversy to submit to a physical or 
        mental examination by a suitably licensed or certified examiner. 
        The court has the same authority to order a party to produce for 
        examination a person who is in its custody or under its legal 
        control.
            (2) Motion and Notice; Contents of the Order. The order:
                    (A) may be made only on motion for good cause and on 
                notice to all parties and the person to be examined; and
                    (B) must specify the time, place, manner, 
                conditions, and scope of the examination, as well as the 
                person or persons who will perform it.
    (b) Examiner's Report.
            (1) Request by the Party or Person Examined. The party who 
        moved for the examination must, on request, deliver to the 
        requester a copy of the examiner's report, together with like 
        reports of all earlier examinations of the same condition. The 
        request may be made by the party against whom the examination 
        order was issued or by the person examined.
            (2) Contents. The examiner's report must be in writing and 
        must set out in detail the examiner's findings, including 
        diagnoses, conclusions, and the results of any tests.
            (3) Request by the Moving Party. After delivering the 
        reports, the party who moved for the examination may request -- 
        and is entitled to receive -- from the party against whom the 
        examination order was issued like reports of all earlier or 
        later examinations of the same condition. But those reports need 
        not be delivered by the party with custody or control of the 
        person examined if the party shows that it could not obtain 
        them.
            (4) Waiver of Privilege. By requesting and obtaining the 
        examiner's report, or by deposing the examiner, the party 
        examined waives any privilege it may have -- in that action or 
        any other action involving the same controversy -- concerning 
        testimony about all examinations of the same condition.
            (5) Failure to Deliver a Report. The court on motion may 
        order -- on just terms -- that a party deliver the report of an 
        examination. If the report is not provided, the court may 
        exclude the examiner's testimony at trial.
            (6) Scope. This subdivision (b) applies also to an 
        examination made by the parties' agreement, unless the agreement 
        states otherwise. This subdivision does not preclude obtaining 
        an examiner's report or deposing an examiner under other rules.
(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 
1987; Nov. 18, 1988; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, 
eff. Dec. 1, 2007.)
Rule 36
. Requests for Admission__________________________________________
    (a) Scope and Procedure.
            (1) Scope. A party may serve on any other party a written 
        request to admit, for purposes of the pending action only, the 
        truth of any matters within the scope of Rule 26(b)(1) relating 
        to:
                    (A) facts, the application of law to fact, or 
                opinions about either; and
                    (B) the genuineness of any described documents.
            (2) Form; Copy of a Document. Each matter must be separately 
        stated. A request to admit the genuineness of a document must be 
        accompanied by a copy of the document unless it is, or has been, 
        otherwise furnished or made available for inspection and 
        copying.
            (3) Time to Respond; Effect of Not Responding. A matter is 
        admitted unless, within 30 days after being served, the party to 
        whom the request is directed serves on the requesting party a 
        written answer or objection addressed to the matter and signed 
        by the party or its attorney. A shorter or longer time for 
        responding may be stipulated to under Rule 29 or be ordered by 
        the court.
            (4) Answer. If a matter is not admitted, the answer must 
        specifically deny it or state in detail why the answering party 
        cannot truthfully admit or deny it. A denial must fairly respond 
        to the substance of the matter; and when good faith requires 
        that a party qualify an answer or deny only a part of a matter, 
        the answer must specify the part admitted and qualify or deny 
        the rest. The answering party may assert lack of knowledge or 
        information as a reason for failing to admit or deny only if the 
        party states that it has made reasonable inquiry and that the 
        information it knows or can readily obtain is insufficient to 
        enable it to admit or deny.
            (5) Objections. The grounds for objecting to a request must 
        be stated. A party must not object solely on the ground that the 
        request presents a genuine issue for trial.
            (6) Motion Regarding the Sufficiency of an Answer or 
        Objection. The requesting party may move to determine the 
        sufficiency of an answer or objection. Unless the court finds an 
        objection justified, it must order that an answer be served. On 
        finding that an answer does not comply with this rule, the court 
        may order either that the matter is admitted or that an amended 
        answer be served. The court may defer its final decision until a 
        pretrial conference or a specified time before trial. Rule 
        37(a)(5) applies to an award of expenses.
    (b) Effect of an Admission; Withdrawing or Amending It. A matter 
admitted under this rule is conclusively established unless the court, 
on motion, permits the admission to be withdrawn or amended. Subject to 
Rule 16(e), the court may permit withdrawal or amendment if it would 
promote the presentation of the merits of the action and if the court is 
not persuaded that it would prejudice the requesting party in 
maintaining or defending the action on the merits. An admission under 
this rule is not an admission for any other purpose and cannot be used 
against the party in any other proceeding.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 
1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 37
. Failure to Make Disclosures or to Cooperate in Discovery; 
Sanctions_______________________________________________________________
    (a) Motion for an Order Compelling Disclosure or Discovery.
            (1) In General. On notice to other parties and all affected 
        persons, a party may move for an order compelling disclosure or 
        discovery. The motion must include a certification that the 
        movant has in good faith conferred or attempted to confer with 
        the person or party failing to make disclosure or discovery in 
        an effort to obtain it without court action.
            (2) Appropriate Court. A motion for an order to a party must 
        be made in the court where the action is pending. A motion for 
        an order to a nonparty must be made in the court where the 
        discovery is or will be taken.
            (3) Specific Motions.
                    (A) To Compel Disclosure. If a party fails to make a 
                disclosure required by Rule 26(a), any other party may 
                move to compel disclosure and for appropriate sanctions.
                    (B) To Compel a Discovery Response. A party seeking 
                discovery may move for an order compelling an answer, 
                designation, production, or inspection. This motion may 
                be made if:
                            (i) a deponent fails to answer a question 
                        asked under Rule 30 or 31;
                            (ii) a corporation or other entity fails to 
                        make a designation under Rule 30(b)(6) or 
                        31(a)(4);
                            (iii) a party fails to answer an 
                        interrogatory submitted under Rule 33; or
                            (iv) a party fails to respond that 
                        inspection will be permitted -- or fails to 
                        permit inspection -- as requested under Rule 34.
                    (C) Related to a Deposition. When taking an oral 
                deposition, the party asking a question may complete or 
                adjourn the examination before moving for an order.
            (4) Evasive or Incomplete Disclosure, Answer, or Response. 
        For purposes of this subdivision (a), an evasive or incomplete 
        disclosure, answer, or response must be treated as a failure to 
        disclose, answer, or respond.
            (5) Payment of Expenses; Protective Orders.
                    (A) If the Motion Is Granted (or Disclosure or 
                Discovery Is Provided After Filing). If the motion is 
                granted -- or if the disclosure or requested discovery 
                is provided after the motion was filed -- the court 
                must, after giving an opportunity to be heard, require 
                the party or deponent whose conduct necessitated the 
                motion, the party or attorney advising that conduct, or 
                both to pay the movant's reasonable expenses incurred in 
                making the motion, including attorney's fees. But the 
                court must not order this payment if:
                            (i) the movant filed the motion before 
                        attempting in good faith to obtain the 
                        disclosure or discovery without court action;
                            (ii) the opposing party's nondisclosure, 
                        response, or objection was substantially 
                        justified; or
                            (iii) other circumstances make an award of 
                        expenses unjust.
                    (B) If the Motion Is Denied. If the motion is 
                denied, the court may issue any protective order 
                authorized under Rule 26(c) and must, after giving an 
                opportunity to be heard, require the movant, the 
                attorney filing the motion, or both to pay the party or 
                deponent who opposed the motion its reasonable expenses 
                incurred in opposing the motion, including attorney's 
                fees. But the court must not order this payment if the 
                motion was substantially justified or other 
                circumstances make an award of expenses unjust.
                    (C) If the Motion Is Granted in Part and Denied in 
                Part. If the motion is granted in part and denied in 
                part, the court may issue any protective order 
                authorized under Rule 26(c) and may, after giving an 
                opportunity to be heard, apportion the reasonable 
                expenses for the motion.
    (b) Failure to Comply with a Court Order.
            (1) Sanctions in the District Where the Deposition Is Taken. 
        If the court where the discovery is taken orders a deponent to 
        be sworn or to answer a question and the deponent fails to obey, 
        the failure may be treated as contempt of court.
            (2) Sanctions in the District Where the Action Is Pending.
                    (A) For Not Obeying a Discovery Order. If a party or 
                a party's officer, director, or managing agent -- or a 
                witness designated under Rule 30(b)(6) or 31(a)(4) -- 
                fails to obey an order to provide or permit discovery, 
                including an order under Rule 26(f), 35, or 37(a), the 
                court where the action is pending may issue further just 
                orders. They may include the following:
                            (i) directing that the matters embraced in 
                        the order or other designated facts be taken as 
                        established for purposes of the action, as the 
                        prevailing party claims;
                            (ii) prohibiting the disobedient party from 
                        supporting or opposing designated claims or 
                        defenses, or from introducing designated matters 
                        in evidence;
                            (iii) striking pleadings in whole or in 
                        part;
                            (iv) staying further proceedings until the 
                        order is obeyed;
                            (v) dismissing the action or proceeding in 
                        whole or in part;
                            (vi) rendering a default judgment against 
                        the disobedient party; or
                            (vii) treating as contempt of court the 
                        failure to obey any order except an order to 
                        submit to a physical or mental examination.
                    (B) For Not Producing a Person for Examination. If a 
                party fails to comply with an order under Rule 35(a) 
                requiring it to produce another person for examination, 
                the court may issue any of the orders listed in Rule 
                37(b)(2)(A)(i)-(vi), unless the disobedient party shows 
                that it cannot produce the other person.
                    (C) Payment of Expenses. Instead of or in addition 
                to the orders above, the court must order the 
                disobedient party, the attorney advising that party, or 
                both to pay the reasonable expenses, including 
                attorney's fees, caused by the failure, unless the 
                failure was substantially justified or other 
                circumstances make an award of expenses unjust.
    (c) Failure to Disclose, to Supplement an Earlier Response, or to 
Admit.
            (1) Failure to Disclose or Supplement. If a party fails to 
        provide information or identify a witness as required by Rule 
        26(a) or (e), the party is not allowed to use that information 
        or witness to supply evidence on a motion, at a hearing, or at a 
        trial, unless the failure was substantially justified or is 
        harmless. In addition to or instead of this sanction, the court, 
        on motion and after giving an opportunity to be heard:
                    (A) may order payment of the reasonable expenses, 
                including attorney's fees, caused by the failure;
                    (B) may inform the jury of the party's failure; and
                    (C) may impose other appropriate sanctions, 
                including any of the orders listed in Rule 
                37(b)(2)(A)(i)-(vi).
            (2) Failure to Admit. If a party fails to admit what is 
        requested under Rule 36 and if the requesting party later proves 
        a document to be genuine or the matter true, the requesting 
        party may move that the party who failed to admit pay the 
        reasonable expenses, including attorney's fees, incurred in 
        making that proof. The court must so order unless:
                    (A) the request was held objectionable under Rule 
                36(a);
                    (B) the admission sought was of no substantial 
                importance;
                    (C) the party failing to admit had a reasonable 
                ground to believe that it might prevail on the matter; 
                or
                    (D) there was other good reason for the failure to 
                admit.
    (d) Party's Failure to Attend Its Own Deposition, Serve Answers to 
Interrogatories, or Respond to a Request for Inspection.
            (1) In General.
                    (A) Motion; Grounds for Sanctions. The court where 
                the action is pending may, on motion, order sanctions 
                if:
                            (i) a party or a party's officer, director, 
                        or managing agent -- or a person designated 
                        under Rule 30(b)(6) or 31(a)(4) -- fails, after 
                        being served with proper notice, to appear for 
                        that person's deposition; or
                            (ii) a party, after being properly served 
                        with interrogatories under Rule 33 or a request 
                        for inspection under Rule 34, fails to serve its 
                        answers, objections, or written response.
                    (B) Certification. A motion for sanctions for 
                failing to answer or respond must include a 
                certification that the movant has in good faith 
                conferred or attempted to confer with the party failing 
                to act in an effort to obtain the answer or response 
                without court action.
            (2) Unacceptable Excuse for Failing to Act. A failure 
        described in Rule 37(d)(1)(A) is not excused on the ground that 
        the discovery sought was objectionable, unless the party failing 
        to act has a pending motion for a protective order under Rule 
        26(c).
            (3) Types of Sanctions. Sanctions may include any of the 
        orders listed in Rule 37(b)(2)(A)(i)-(vi). Instead of or in 
        addition to these sanctions, the court must require the party 
        failing to act, the attorney advising that party, or both to pay 
        the reasonable expenses, including attorney's fees, caused by 
        the failure, unless the failure was substantially justified or 
        other circumstances make an award of expenses unjust.
    (e) Failure to Provide Electronically Stored Information. Absent 
exceptional circumstances, a court may not impose sanctions under these 
rules on a party for failing to provide electronically stored 
information lost as a result of the routine, good-faith operation of an 
electronic information system.
    (f) Failure to Participate in Framing a Discovery Plan. If a party 
or its attorney fails to participate in good faith in developing and 
submitting a proposed discovery plan as required by Rule 26(f), the 
court may, after giving an opportunity to be heard, require that party 
or attorney to pay to any other party the reasonable expenses, including 
attorney's fees, caused by the failure.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 
1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Oct. 21, 1980, eff. Oct. 1, 
1981; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; 
Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 
30, 2007, eff. Dec. 1, 2007.)

                            TITLE VI. TRIALS

Rule 38
. Right to a Jury Trial; Demand___________________________________
    (a) Right Preserved. 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 inviolate.
    (b) Demand. 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 in a pleading -- no later than 10 days after the 
        last pleading directed to the issue is served; and
            (2) filing the demand in accordance with Rule 5(d).
    (c) Specifying Issues. In its demand, a party may specify the issues 
that it wishes to have tried by a jury; otherwise, it is considered to 
have demanded a jury trial on all the issues so triable. If the party 
has demanded a jury trial on only some issues, any other party may -- 
within 10 days after being served with the demand or within a shorter 
time ordered by the court -- serve a demand for a jury trial on any 
other or all factual issues triable by jury.
    (d) Waiver; Withdrawal. A party waives a jury trial unless its 
demand is properly served and filed. A proper demand may be withdrawn 
only if the parties consent.
    (e) Admiralty and Maritime Claims. 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).
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 39
. Trial by Jury or by the Court___________________________________
    (a) When a Demand Is Made. When a jury trial has been demanded under 
Rule 38, the action must be designated on the docket as a jury action. 
The trial on all issues so demanded must be by jury unless:
            (1) the parties or their attorneys file a stipulation to a 
        nonjury trial or so stipulate on the record; or
            (2) the court, on motion or on its own, finds that on some 
        or all of those issues there is no federal right to a jury 
        trial.
    (b) When No Demand Is Made. Issues on which a jury trial is not 
properly demanded are to be tried by the court. But the court may, on 
motion, order a jury trial on any issue for which a jury might have been 
demanded.
    (c) Advisory Jury; Jury Trial by Consent. In an action not triable 
of right by a jury, the court, on motion or on its own:
            (1) may try any issue with an advisory jury; or
            (2) may, with the parties' consent, try any issue by a jury 
        whose verdict has the same effect as if a jury trial had been a 
        matter of right, unless the action is against the United States 
        and a federal statute provides for a nonjury trial.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 40
. Scheduling Cases for Trial______________________________________
    Each court must provide by rule for scheduling trials. The court 
must give priority to actions entitled to priority by a federal statute.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 41
. Dismissal of Actions____________________________________________
    (a) Voluntary Dismissal.
            (1) By the Plaintiff.
                    (A) Without a Court Order. Subject to Rules 23(e), 
                23.1(c), 23.2, and 66 and any applicable federal 
                statute, the plaintiff may dismiss an action without a 
                court order by filing:
                            (i) a notice of dismissal before the 
                        opposing party serves either an answer or a 
                        motion for summary judgment; or
                            (ii) a stipulation of dismissal signed by 
                        all parties who have appeared.
                    (B) Effect. Unless the notice or stipulation states 
                otherwise, the dismissal is without prejudice. 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 adjudication on the 
                merits.
            (2) By Court Order; Effect. Except as provided in Rule 
        41(a)(1), an action may be dismissed at the plaintiff's request 
        only by court order, on terms that the court considers proper. 
        If a defendant has pleaded a counterclaim before being served 
        with the plaintiff's motion to dismiss, the action may be 
        dismissed over the defendant's objection only if the 
        counterclaim can remain pending for independent adjudication. 
        Unless the order states otherwise, a dismissal under this 
        paragraph (2) is without prejudice.
    (b) Involuntary Dismissal; Effect. 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. Unless the 
dismissal order states otherwise, a dismissal under this subdivision (b) 
and any dismissal not under this rule -- except one for lack of 
jurisdiction, improper venue, or failure to join a party under Rule 19 
-- operates as an adjudication on the merits.
    (c) Dismissing a Counterclaim, Crossclaim, or Third-Party Claim. 
This rule applies to a dismissal of any counterclaim, crossclaim, or 
third-party claim. A claimant's voluntary dismissal under Rule 
41(a)(1)(A)(i) must be made:
            (1) before a responsive pleading is served; or
            (2) if there is no responsive pleading, before evidence is 
        introduced at a hearing or trial.
    (d) Costs of a Previously Dismissed Action. If a plaintiff who 
previously dismissed an action in any court files an action based on or 
including the same claim against the same defendant, the court:
            (1) may order the plaintiff to pay all or part of the costs 
        of that previous action; and
            (2) may stay the proceedings until the plaintiff has 
        complied.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 
1968; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; 
Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 42
. Consolidation; Separate Trials__________________________________
    (a) Consolidation. If actions before the court involve a common 
question of law or fact, the court may:
            (1) join for hearing or trial any or all matters at issue in 
        the actions;
            (2) consolidate the actions; or
            (3) issue any other orders to avoid unnecessary cost or 
        delay.
    (b) Separate Trials. For convenience, to avoid prejudice, or to 
expedite and economize, the court may order a separate trial of one or 
more separate issues, claims, crossclaims, counterclaims, or third-party 
claims. When ordering a separate trial, the court must preserve any 
federal right to a jury trial.
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 43
. Taking Testimony________________________________________________
    (a) In Open Court. 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 by the Supreme Court provide 
otherwise. For good cause in compelling circumstances and with 
appropriate safeguards, the court may permit testimony in open court by 
contemporaneous transmission from a different location.
    (b) Affirmation Instead of an Oath. When these rules require an 
oath, a solemn affirmation suffices.
    (c) Evidence on a Motion. When a motion relies on facts outside the 
record, the court may hear the matter on affidavits or may hear it 
wholly or partly on oral testimony or on depositions.
    (d) Interpreter. 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 tax the compensation as costs.
(As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, and Dec. 
18, 1972, eff. July 1, 1975; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 
1996, eff. Dec. 1, 1996; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 44
. Proving an Official Record______________________________________
    (a) Means of Proving.
            (1) Domestic Record. Each of the following evidences an 
        official record -- or an entry in it -- that is otherwise 
        admissible and is kept within the United States, any state, 
        district, or commonwealth, or any territory subject to the 
        administrative or judicial jurisdiction of the United States:
                    (A) an official publication of the record; or
                    (B) a copy attested by the officer with legal 
                custody of the record -- or by the officer's deputy -- 
                and accompanied by a certificate that the officer has 
                custody. The certificate must be made under seal:
                            (i) by a judge of a court of record in the 
                        district or political subdivision where the 
                        record is kept; or
                            (ii) by any public officer with a seal of 
                        office and with official duties in the district 
                        or political subdivision where the record is 
                        kept.
            (2) Foreign Record.
                    (A) In General. Each of the following evidences a 
                foreign official record -- or an entry in it -- that is 
                otherwise admissible:
                            (i) an official publication of the record; 
                        or
                            (ii) the record -- or a copy -- that is 
                        attested by an authorized person and is 
                        accompanied either by a final certification of 
                        genuineness or by a certification under a treaty 
                        or convention to which the United States and the 
                        country where the record is located are parties.
                    (B) Final Certification of Genuineness. A final 
                certification must certify the genuineness of the 
                signature and official position of the attester or of 
                any foreign official whose certificate of genuineness 
                relates to the attestation or is in a chain of 
                certificates of genuineness relating to the attestation. 
                A final certification may be made by a secretary of a 
                United States embassy or legation; by a consul general, 
                vice consul, or consular agent of the United States; or 
                by a diplomatic or consular official of the foreign 
                country assigned or accredited to the United States.
                    (C) Other Means of Proof. If all parties have had a 
                reasonable opportunity to investigate a foreign record's 
                authenticity and accuracy, the court may, for good 
                cause, either:
                            (i) admit an attested copy without final 
                        certification; or
                            (ii) permit the record to be evidenced by an 
                        attested summary with or without a final 
                        certification.
    (b) Lack of a Record. A written statement that a diligent search of 
designated records revealed no record or entry of a specified tenor is 
admissible as evidence that the records contain no such record or entry. 
For domestic records, the statement must be authenticated under Rule 
44(a)(1). For foreign records, the statement must comply with 
(a)(2)(C)(ii).
    (c) Other Proof. A party may prove an official record -- or an entry 
or lack of an entry in it -- by any other method authorized by law.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 44.1
. Determining Foreign Law_________________________________________
    A party who intends to raise an issue about a foreign country's law 
must give notice by a pleading or other writing. In determining 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.
(As added Feb. 28, 1966, eff. July 1, 1966; amended Nov. 20, 1972, eff. 
July 1, 1975; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 45
. Subpoena________________________________________________________
    (a) In General.
            (1) Form and Contents.
                    (A) Requirements -- In General. 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 number;
                            (iii) command each person to whom it is 
                        directed to do the following at a specified time 
                        and place: attend and testify; produce 
                        designated documents, electronically stored 
                        information, or tangible things in that person's 
                        possession, custody, or control; or permit the 
                        inspection of premises; and
                            (iv) set out the text of Rule 45(c) and (d).
                    (B) Command to Attend a Deposition -- Notice of the 
                Recording Method. A subpoena commanding attendance at a 
                deposition must state the method for recording the 
                testimony.
                    (C) Combining or Separating a Command to Produce or 
                to Permit Inspection; Specifying the Form for 
                Electronically Stored Information. A command to produce 
                documents, electronically stored information, or 
                tangible things or to permit the inspection of premises 
                may be included in a subpoena commanding attendance at a 
                deposition, hearing, or trial, or may be set out in a 
                separate subpoena. A subpoena may specify the form or 
                forms in which electronically stored information is to 
                be produced.
                    (D) Command to Produce; Included Obligations. A 
                command in a subpoena to produce documents, 
                electronically stored information, or tangible things 
                requires the responding party to permit inspection, 
                copying, testing, or sampling of the materials.
            (2) Issued from Which Court. A subpoena must issue as 
        follows:
                    (A) for attendance at a hearing or trial, from the 
                court for the district where the hearing or trial is to 
                be held;
                    (B) for attendance at a deposition, from the court 
                for the district where the deposition is to be taken; 
                and
                    (C) for production or inspection, if separate from a 
                subpoena commanding a person's attendance, from the 
                court for the district where the production or 
                inspection is to be made.
            (3) Issued by Whom. The clerk must issue a subpoena, signed 
        but otherwise in blank, to a party who requests it. That party 
        must complete it before service. An attorney also may issue and 
        sign a subpoena as an officer of:
                    (A) a court in which the attorney is authorized to 
                practice; or
                    (B) a court for a district where a deposition is to 
                be taken or production is to be made, if the attorney is 
                authorized to practice in the court where the action is 
                pending.
    (b) Service.
            (1) By Whom; Tendering Fees; Serving a Copy of Certain 
        Subpoenas. Any person who is at least 18 years old and not a 
        party may serve a subpoena. Serving a subpoena requires 
        delivering a copy to the named person and, if the subpoena 
        requires that person's attendance, tendering the fees for 1 
        day's attendance and the mileage allowed by law. Fees and 
        mileage need not be tendered when the subpoena issues on behalf 
        of the United States or any of its officers or agencies. If the 
        subpoena commands the production of documents, electronically 
        stored information, or tangible things or the inspection of 
        premises before trial, then before it is served, a notice must 
        be served on each party.
            (2) Service in the United States. Subject to Rule 
        45(c)(3)(A)(ii), a subpoena may be served at any place:
                    (A) within the district of the issuing court;
                    (B) outside that district but within 100 miles of 
                the place specified for the deposition, hearing, trial, 
                production, or inspection;
                    (C) within the state of the issuing court if a state 
                statute or court rule allows service at that place of a 
                subpoena issued by a state court of general jurisdiction 
                sitting in the place specified for the deposition, 
                hearing, trial, production, or inspection; or
                    (D) that the court authorizes on motion and for good 
                cause, if a federal statute so provides.
            (3) Service in a Foreign Country. 28 U.S.C. Sec. 1783 
        governs issuing and serving a subpoena directed to a United 
        States national or resident who is in a foreign country.
            (4) Proof of Service. Proving service, when necessary, 
        requires filing with the issuing court a statement showing the 
        date and manner of service and the names of the persons served. 
        The statement must be certified by the server.
    (c) Protecting a Person Subject to a Subpoena.
            (1) Avoiding Undue Burden or Expense; Sanctions. A party or 
        attorney responsible for issuing and serving a subpoena must 
        take reasonable steps to avoid imposing undue burden or expense 
        on a person subject to the subpoena. The issuing court must 
        enforce this duty and impose an appropriate sanction -- which 
        may include lost earnings and reasonable attorney's fees -- on a 
        party or attorney who fails to comply.
            (2) Command to Produce Materials or Permit Inspection.
                    (A) Appearance Not Required. A person commanded to 
                produce documents, electronically stored information, or 
                tangible things, or to permit the inspection of 
                premises, need not appear in person at the place of 
                production or inspection unless also commanded to appear 
                for a deposition, hearing, or trial.
                    (B) Objections. A person commanded to produce 
                documents or tangible things or to permit inspection may 
                serve on the party or attorney designated in the 
                subpoena a written objection to inspecting, copying, 
                testing or sampling any or all of the materials or to 
                inspecting the premises -- or to producing 
                electronically stored information in the form or forms 
                requested. The objection must be served before the 
                earlier of the time specified for compliance or 14 days 
                after the subpoena is served. 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 an order compelling production or 
                        inspection.
                            (ii) These acts may be required only as 
                        directed in the order, and the order must 
                        protect a person who is neither a party nor a 
                        party's officer from significant expense 
                        resulting from compliance.
            (3) Quashing or Modifying a Subpoena.
                    (A) When Required. On timely motion, the issuing 
                court must quash or modify a subpoena that:
                            (i) fails to allow a reasonable time to 
                        comply;
                            (ii) requires a person who is neither a 
                        party nor a party's officer to travel more than 
                        100 miles from where that person resides, is 
                        employed, or regularly transacts business in 
                        person -- except that, subject to Rule 
                        45(c)(3)(B)(iii), the person may be commanded to 
                        attend a trial by traveling from any such place 
                        within the state where the trial is held;
                            (iii) requires disclosure of privileged or 
                        other protected matter, if no exception or 
                        waiver applies; or
                            (iv) subjects a person to undue burden.
                    (B) When Permitted. To protect a person subject to 
                or affected by a subpoena, the issuing court may, on 
                motion, quash or modify the subpoena if it requires:
                            (i) disclosing a trade secret or other 
                        confidential research, development, or 
                        commercial information;
                            (ii) disclosing an unretained expert's 
                        opinion or information that does not describe 
                        specific occurrences in dispute and results from 
                        the expert's study that was not requested by a 
                        party; or
                            (iii) a person who is neither a party nor a 
                        party's officer to incur substantial expense to 
                        travel more than 100 miles to attend trial.
                    (C) Specifying Conditions as an Alternative. In the 
                circumstances described in Rule 45(c)(3)(B), the court 
                may, instead of quashing or modifying a subpoena, order 
                appearance or production under specified conditions if 
                the serving party:
                            (i) shows a substantial need for the 
                        testimony or material that cannot be otherwise 
                        met without undue hardship; and
                            (ii) ensures that the subpoenaed person will 
                        be reasonably compensated.
    (d) Duties in Responding to a Subpoena.
            (1) Producing Documents or Electronically Stored 
        Information. These procedures apply to producing documents or 
        electronically stored information:
                    (A) Documents. A person responding to a subpoena to 
                produce documents must produce them as they are kept in 
                the ordinary course of business or must organize and 
                label them to correspond to the categories in the 
                demand.
                    (B) Form for Producing Electronically Stored 
                Information Not Specified. If a subpoena does not 
                specify a form for producing electronically stored 
                information, the person responding must produce it in a 
                form or forms in which it is ordinarily maintained or in 
                a reasonably usable form or forms.
                    (C) Electronically Stored Information Produced in 
                Only One Form. The person responding need not produce 
                the same electronically stored information in more than 
                one form.
                    (D) Inaccessible Electronically Stored Information. 
                The person responding need not provide discovery of 
                electronically stored information from sources that the 
                person identifies as not reasonably accessible because 
                of undue burden or cost. On motion to compel discovery 
                or for a protective order, the person responding must 
                show that the information is not reasonably accessible 
                because of undue burden or cost. If that showing is 
                made, the court may nonetheless order discovery from 
                such sources if the requesting party shows good cause, 
                considering the limitations of Rule 26(b)(2)(C). The 
                court may specify conditions for the discovery.
            (2) Claiming Privilege or Protection.
                    (A) Information Withheld. A person withholding 
                subpoenaed information under a claim that it is 
                privileged or subject to protection as trial-preparation 
                material must:
                            (i) expressly make the claim; and
                            (ii) describe the nature of the withheld 
                        documents, communications, or tangible things in 
                        a manner that, without revealing information 
                        itself privileged or protected, will enable the 
                        parties to assess the claim.
                    (B) Information Produced. If information produced in 
                response to a subpoena is subject to a claim of 
                privilege or of protection as trial-preparation 
                material, the person making the claim may notify any 
                party that received the information of the claim and the 
                basis for it. After being notified, a party must 
                promptly return, sequester, or destroy the specified 
                information and any copies it has; must not use or 
                disclose the information until the claim is resolved; 
                must take reasonable steps to retrieve the information 
                if the party disclosed it before being notified; and may 
                promptly present the information to the court under seal 
                for a determination of the claim. The person who 
                produced the information must preserve the information 
                until the claim is resolved.
    (e) Contempt. The issuing court may hold in contempt a person who, 
having been served, fails without adequate excuse to obey the subpoena. 
A nonparty's failure to obey must be excused if the subpoena purports to 
require the nonparty to attend or produce at a place outside the limits 
of Rule 45(c)(3)(A)(ii).
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 
1980; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; 
Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 
12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 46
. Objecting to a Ruling or Order__________________________________
    A formal exception to a ruling or order is unnecessary. When the 
ruling or order is requested or made, a party need only state the action 
that it wants the court to take or objects to, along with the grounds 
for the request or objection. Failing to object does not prejudice a 
party who had no opportunity to do so when the ruling or order was made.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 47
. Selecting Jurors________________________________________________
    (a) Examining Jurors. The court may permit the parties or their 
attorneys to examine prospective jurors or may itself do so. If the 
court examines the jurors, it must permit the parties or their attorneys 
to make any further inquiry it considers proper, or must itself ask any 
of their additional questions it considers proper.
    (b) Peremptory Challenges. The court must allow the number of 
peremptory challenges provided by 28 U.S.C. Sec. 1870.
    (c) Excusing a Juror. During trial or deliberation, the court may 
excuse a juror for good cause.
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1991, eff. Dec. 
1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 48
. Number of Jurors; Verdict_______________________________________
    A jury must initially have at least 6 and no more than 12 members, 
and each juror must participate in the verdict unless excused under Rule 
47(c). Unless the parties stipulate otherwise, the verdict must be 
unanimous and be returned by a jury of at least 6 members.
(As amended Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 49
. Special Verdict; General Verdict and Questions__________________
    (a) Special Verdict.
            (1) In General. The court may require a jury to return only 
        a special verdict in the form of a special written finding on 
        each issue of fact. The court may do so by:
                    (A) submitting written questions susceptible of a 
                categorical or other brief answer;
                    (B) submitting written forms of the special findings 
                that might properly be made under the pleadings and 
                evidence; or
                    (C) using any other method that the court considers 
                appropriate.
            (2) Instructions. The court must give the instructions and 
        explanations necessary to enable the jury to make its findings 
        on each submitted issue.
            (3) Issues Not Submitted. A party waives the right to a jury 
        trial on any issue of fact raised by the pleadings or evidence 
        but not submitted to the jury unless, before the jury retires, 
        the party demands its submission to the jury. If the party does 
        not demand submission, the court may make a finding on the 
        issue. If the court makes no finding, it is considered to have 
        made a finding consistent with its judgment on the special 
        verdict.
    (b) General Verdict with Answers to Written Questions.
            (1) In General. The court may submit to the jury forms for a 
        general verdict, together with written questions on one or more 
        issues of fact that the jury must decide. The court must give 
        the instructions and explanations necessary to enable the jury 
        to render a general verdict and answer the questions in writing, 
        and must direct the jury to do both.
            (2) Verdict and Answers Consistent. When the general verdict 
        and the answers are consistent, the court must approve, for 
        entry under Rule 58, an appropriate judgment on the verdict and 
        answers.
            (3) Answers Inconsistent with the Verdict. When the answers 
        are consistent with each other but one or more is inconsistent 
        with the general verdict, the court may:
                    (A) approve, for entry under Rule 58, an appropriate 
                judgment according to the answers, notwithstanding the 
                general verdict;
                    (B) direct the jury to further consider its answers 
                and verdict; or
                    (C) order a new trial.
            (4) Answers Inconsistent with Each Other and the Verdict. 
        When the answers are inconsistent with each other and one or 
        more is also inconsistent with the general verdict, judgment 
        must not be entered; instead, the court must direct the jury to 
        further consider its answers and verdict, or must order a new 
        trial.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 50
. Judgment as a Matter of Law in a Jury Trial; Related Motion for 
a New Trial; Conditional Ruling_________________________________________
    (a) Judgment as a Matter of Law.
            (1) In General. If a party has been fully heard on an issue 
        during a jury trial and the court finds that a reasonable jury 
        would not have a legally sufficient evidentiary basis to find 
        for the party on that issue, the court may:
                    (A) resolve the issue against the party; and
                    (B) grant a motion for judgment as a matter of law 
                against the party on a claim or defense that, under the 
                controlling law, can be maintained or defeated only with 
                a favorable finding on that issue.
            (2) Motion. A motion for judgment as a matter of law may be 
        made at any time before the case is submitted to the jury. The 
        motion must specify the judgment sought and the law and facts 
        that entitle the movant to the judgment.
    (b) Renewing the Motion After Trial; Alternative Motion for a New 
Trial. If the court does not grant a motion for judgment as a matter of 
law made under Rule 50(a), the court is considered to have submitted the 
action to the jury subject to the court's later deciding the legal 
questions raised by the motion. No later than 10 days after the entry of 
judgment -- or if the motion addresses a jury issue not decided by a 
verdict, no later than 10 days after the jury was discharged -- the 
movant may file a renewed motion for judgment as a matter of law and may 
include an alternative or joint request for a new trial under Rule 59. 
In ruling on the renewed motion, the court may:
            (1) allow judgment on the verdict, if the jury returned a 
        verdict;
            (2) order a new trial; or
            (3) direct the entry of judgment as a matter of law.
    (c) Granting the Renewed Motion; Conditional Ruling on a Motion for 
a New Trial.
            (1) In General. If the court grants a renewed motion for 
        judgment as a matter of law, it must also conditionally rule on 
        any motion for a new trial by determining whether a new trial 
        should be granted if the judgment is later vacated or reversed. 
        The court must state the grounds for conditionally granting or 
        denying the motion for a new trial.
            (2) Effect of a Conditional Ruling. Conditionally granting 
        the motion for a new trial does not affect the judgment's 
        finality; if the judgment is reversed, the new trial must 
        proceed unless the appellate court orders otherwise. If the 
        motion for a new trial is conditionally denied, the appellee may 
        assert error in that denial; if the judgment is reversed, the 
        case must proceed as the appellate court orders.
    (d) Time for a Losing Party's New-Trial Motion. Any motion for a new 
trial under Rule 59 by a party against whom judgment as a matter of law 
is rendered must be filed no later than 10 days after the entry of the 
judgment.
    (e) Denying the Motion for Judgment as a Matter of Law; Reversal on 
Appeal. If the court denies the motion for judgment as a matter of law, 
the prevailing party may, as appellee, assert grounds entitling it to a 
new trial should the appellate court conclude that the trial court erred 
in denying the motion. If the appellate court reverses the judgment, it 
may order a new trial, direct the trial court to determine whether a new 
trial should be granted, or direct the entry of judgment.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 12, 2006, eff. Dec. 1, 
2006; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 51
. Instructions to the Jury; Objections; Preserving a Claim of 
Error___________________________________________________________________
    (a) Requests.
            (1) Before or at the Close of the Evidence. At the close of 
        the evidence or at any earlier reasonable time that the court 
        orders, a party may file and furnish to every other party 
        written requests for the jury instructions it wants the court to 
        give.
            (2) After the Close of the Evidence. After the close of the 
        evidence, a party may:
                    (A) file requests for instructions on issues that 
                could not reasonably have been anticipated by an earlier 
                time that the court set for requests; and
                    (B) with the court's permission, file untimely 
                requests for instructions on any issue.
    (b) Instructions. The court:
            (1) must inform the parties of its proposed instructions and 
        proposed action on the requests before instructing the jury and 
        before final jury arguments;
            (2) must give the parties an opportunity to object on the 
        record and out of the jury's hearing before the instructions and 
        arguments are delivered; and
            (3) may instruct the jury at any time before the jury is 
        discharged.
    (c) Objections.
            (1) How to Make. A party who objects to an instruction or 
        the failure to give an instruction must do so on the record, 
        stating distinctly the matter objected to and the grounds for 
        the objection.
            (2) When to Make. An objection is timely if:
                    (A) a party objects at the opportunity provided 
                under Rule 51(b)(2); or
                    (B) a party was not informed of an instruction or 
                action on a request before that opportunity to object, 
                and the party objects promptly after learning that the 
                instruction or request will be, or has been, given or 
                refused.
    (d) Assigning Error; Plain Error.
            (1) Assigning Error. A party may assign as error:
                    (A) an error in an instruction actually given, if 
                that party properly objected; or
                    (B) a failure to give an instruction, if that party 
                properly requested it and -- unless the court rejected 
                the request in a definitive ruling on the record -- also 
                properly objected.
            (2) Plain Error. A court may consider a plain error in the 
        instructions that has not been preserved as required by Rule 
        51(d)(1) if the error affects substantial rights.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Mar. 27, 2003, eff. Dec. 1, 
2003; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 52
. Findings and Conclusions by the Court; Judgment on Partial 
Findings________________________________________________________________
    (a) Findings and Conclusions.
            (1) In General. In an action tried on the facts without a 
        jury or with an advisory jury, the court must find the facts 
        specially and state its conclusions of law separately. The 
        findings and conclusions may be stated on the record after the 
        close of the evidence or may appear in an opinion or a 
        memorandum of decision filed by the court. Judgment must be 
        entered under Rule 58.
            (2) For an Interlocutory Injunction. In granting or refusing 
        an interlocutory injunction, the court must similarly state the 
        findings and conclusions that support its action.
            (3) For a Motion. The court is not required to state 
        findings or conclusions when ruling on a motion under Rule 12 or 
        56 or, unless these rules provide otherwise, on any other 
        motion.
            (4) Effect of a Master's Findings. A master's findings, to 
        the extent adopted by the court, must be considered the court's 
        findings.
            (5) Questioning the Evidentiary Support. A party may later 
        question the sufficiency of the evidence supporting the 
        findings, whether or not the party requested findings, objected 
        to them, moved to amend them, or moved for partial findings.
            (6) Setting Aside the Findings. Findings of fact, whether 
        based on oral or other evidence, must not be set aside unless 
        clearly erroneous, and the reviewing court must give due regard 
        to the trial court's opportunity to judge the witnesses' 
        credibility.
    (b) Amended or Additional Findings. On a party's motion filed no 
later than 10 days after the entry of judgment, the court may amend its 
findings -- or make additional findings -- and may amend the judgment 
accordingly. The motion may accompany a motion for a new trial under 
Rule 59.
    (c) Judgment on Partial Findings. If a party has been fully heard on 
an issue during a nonjury trial and the court finds against the party on 
that issue, the court may enter judgment against the party on a claim or 
defense that, under the controlling law, can be maintained or defeated 
only with a favorable finding on that issue. The court may, however, 
decline to render any judgment until the close of the evidence. A 
judgment on partial findings must be supported by findings of fact and 
conclusions of law as required by Rule 52(a).
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 
1985; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 53
. Masters_________________________________________________________
    (a) Appointment.
            (1) Scope. Unless a statute provides otherwise, a court may 
        appoint a master only to:
                    (A) perform duties consented to by the parties;
                    (B) hold trial proceedings and make or recommend 
                findings of fact on issues to be decided without a jury 
                if appointment is warranted by:
                            (i) some exceptional condition; or
                            (ii) the need to perform an accounting or 
                        resolve a difficult computation of damages; or
                    (C) address pretrial and posttrial matters that 
                cannot be effectively and timely addressed by an 
                available district judge or magistrate judge of the 
                district.
            (2) Disqualification. A master must not have a relationship 
        to the parties, attorneys, action, or court that would require 
        disqualification of a judge under 28 U.S.C. Sec. 455, unless the 
        parties, with the court's approval, consent to the appointment 
        after the master discloses any potential grounds for 
        disqualification.
            (3) Possible Expense or Delay. In appointing a master, the 
        court must consider the fairness of imposing the likely expenses 
        on the parties and must protect against unreasonable expense or 
        delay.
    (b) Order Appointing a Master.
            (1) Notice. Before appointing a master, the court must give 
        the parties notice and an opportunity to be heard. Any party may 
        suggest candidates for appointment.
            (2) Contents. The appointing order must direct the master to 
        proceed with all reasonable diligence and must state:
                    (A) the master's duties, including any investigation 
                or enforcement duties, and any limits on the master's 
                authority under Rule 53(c);
                    (B) the circumstances, if any, in which the master 
                may communicate ex parte with the court or a party;
                    (C) the nature of the materials to be preserved and 
                filed as the record of the master's activities;
                    (D) the time limits, method of filing the record, 
                other procedures, and standards for reviewing the 
                master's orders, findings, and recommendations; and
                    (E) the basis, terms, and procedure for fixing the 
                master's compensation under Rule 53(g).
            (3) Issuing. The court may issue the order only after:
                    (A) the master files an affidavit disclosing whether 
                there is any ground for disqualification under 28 U.S.C. 
                Sec. 455; and
                    (B) if a ground is disclosed, the parties, with the 
                court's approval, waive the disqualification.
            (4) Amending. The order may be amended at any time after 
        notice to the parties and an opportunity to be heard.
    (c) Master's Authority.
            (1) In General. Unless the appointing order directs 
        otherwise, a master may:
                    (A) regulate all proceedings;
                    (B) take all appropriate measures to perform the 
                assigned duties fairly and efficiently; and
                    (C) if conducting an evidentiary hearing, exercise 
                the appointing court's power to compel, take, and record 
                evidence.
            (2) Sanctions. The master may by order impose on a party any 
        noncontempt sanction provided by Rule 37 or 45, and may 
        recommend a contempt sanction against a party and sanctions 
        against a nonparty.
    (d) Master's Orders. A master who issues an order must file it and 
promptly serve a copy on each party. The clerk must enter the order on 
the docket.
    (e) Master's Reports. A master must report to the court as required 
by the appointing order. The master must file the report and promptly 
serve a copy on each party, unless the court orders otherwise.
    (f) Action on the Master's Order, Report, or Recommendations.
            (1) Opportunity for a Hearing; Action in General. In acting 
        on a master's order, report, or recommendations, the court must 
        give the parties notice and an opportunity to be heard; may 
        receive evidence; and may adopt or affirm, modify, wholly or 
        partly reject or reverse, or resubmit to the master with 
        instructions.
            (2) Time to Object or Move to Adopt or Modify. A party may 
        file objections to -- or a motion to adopt or modify -- the 
        master's order, report, or recommendations no later than 20 days 
        after a copy is served, unless the court sets a different time.
            (3) Reviewing Factual Findings. The court must decide de 
        novo all objections to findings of fact made or recommended by a 
        master, unless the parties, with the court's approval, stipulate 
        that:
                    (A) the findings will be reviewed for clear error; 
                or
                    (B) the findings of a master appointed under Rule 
                53(a)(1)(A) or (C) will be final.
            (4) Reviewing Legal Conclusions. The court must decide de 
        novo all objections to conclusions of law made or recommended by 
        a master.
            (5) Reviewing Procedural Matters. Unless the appointing 
        order establishes a different standard of review, the court may 
        set aside a master's ruling on a procedural matter only for an 
        abuse of discretion.
    (g) Compensation.
            (1) Fixing Compensation. Before or after judgment, the court 
        must fix the master's compensation on the basis and terms stated 
        in the appointing order, but the court may set a new basis and 
        terms after giving notice and an opportunity to be heard.
            (2) Payment. The compensation must be paid either:
                    (A) by a party or parties; or
                    (B) from a fund or subject matter of the action 
                within the court's control.
            (3) Allocating Payment. The court must allocate payment 
        among the parties after considering the nature and amount of the 
        controversy, the parties' means, and the extent to which any 
        party is more responsible than other parties for the reference 
        to a master. An interim allocation may be amended to reflect a 
        decision on the merits.
    (h) Appointing a Magistrate Judge. A magistrate judge is subject to 
this rule only when the order referring a matter to the magistrate judge 
states that the reference is made under this rule.
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 28, 1983, eff. Aug. 
1, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 
1991; Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 
2003; Apr. 30, 2007, eff. Dec. 1, 2007.)

                           TITLE VII. JUDGMENT

Rule 54
. Judgment; Costs_________________________________________________
    (a) Definition; Form. ``Judgment'' as used in these rules includes a 
decree and any order from which an appeal lies. A judgment should not 
include recitals of pleadings, a master's report, or a record of prior 
proceedings.
    (b) Judgment on Multiple Claims or Involving Multiple Parties. When 
an action presents more than one claim for relief -- whether as a claim, 
counterclaim, crossclaim, or third-party claim -- or when multiple 
parties are involved, the court may direct entry of a final judgment as 
to one or more, but fewer than all, claims or parties only if the court 
expressly determines that there is no just reason for delay. Otherwise, 
any order or other decision, however designated, that adjudicates fewer 
than all the claims or the rights and liabilities of fewer than all the 
parties does not end the action as to any of the claims or parties and 
may be revised at any time before the entry of a judgment adjudicating 
all the claims and all the parties' rights and liabilities.
    (c) Demand for Judgment; Relief to Be Granted. A default judgment 
must not differ in kind from, or exceed in amount, what is demanded in 
the pleadings. Every other final judgment should grant the relief to 
which each party is entitled, even if the party has not demanded that 
relief in its pleadings.
    (d) Costs; Attorney's Fees.
            (1) Costs Other Than Attorney's Fees. 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. But costs against the United States, its 
        officers, and its agencies may be imposed only to the extent 
        allowed by law. The clerk may tax costs on 1 day's notice. On 
        motion served within the next 5 days, the court may review the 
        clerk's action.
            (2) Attorney's Fees.
                    (A) Claim to Be by Motion. A claim for attorney's 
                fees and related nontaxable expenses must be made by 
                motion unless the substantive law requires those fees to 
                be proved at trial as an element of damages.
                    (B) Timing and Contents of the Motion. Unless a 
                statute or a court order provides otherwise, the motion 
                must:
                            (i) be filed no later than 14 days after the 
                        entry of judgment;
                            (ii) specify the judgment and the statute, 
                        rule, or other grounds entitling the movant to 
                        the award;
                            (iii) state the amount sought or provide a 
                        fair estimate of it; and
                            (iv) disclose, if the court so orders, the 
                        terms of any agreement about fees for the 
                        services for which the claim is made.
                    (C) Proceedings. Subject to Rule 23(h), the court 
                must, on a party's request, give an opportunity for 
                adversary submissions on the motion in accordance with 
                Rule 43(c) or 78. The court may decide issues of 
                liability for fees before receiving submissions on the 
                value of services. The court must find the facts and 
                state its conclusions of law as provided in Rule 52(a).
                    (D) Special Procedures by Local Rule; Reference to a 
                Master or a Magistrate Judge. By local rule, the court 
                may establish special procedures to resolve fee-related 
                issues without extensive evidentiary hearings. Also, the 
                court may refer issues concerning the value of services 
                to a special master under Rule 53 without regard to the 
                limitations of Rule 53(a)(1), and may refer a motion for 
                attorney's fees to a magistrate judge under Rule 72(b) 
                as if it were a dispositive pretrial matter.
                    (E) Exceptions. Subparagraphs (A)-(D) do not apply 
                to claims for fees and expenses as sanctions for 
                violating these rules or as sanctions under 28 U.S.C. 
                Sec. 1927.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 17, 1961, eff. July 
19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1, 
2003; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 55
. Default; Default Judgment_______________________________________
    (a) Entering a Default. When a party against whom a judgment for 
affirmative relief is sought has failed to plead or otherwise defend, 
and that failure is shown by affidavit or otherwise, the clerk must 
enter the party's default.
    (b) Entering a Default Judgment.
            (1) By the Clerk. If the plaintiff's claim is for a sum 
        certain or a sum that can be made certain by computation, the 
        clerk -- on the plaintiff's request, with an affidavit showing 
        the amount due -- must enter judgment for that amount and costs 
        against a defendant who has been defaulted for not appearing and 
        who is neither a minor nor an incompetent person.
            (2) By the Court. In all other cases, the party must apply 
        to the court for a default judgment. A default judgment may be 
        entered against a minor or incompetent person only if 
        represented by a general guardian, conservator, or other like 
        fiduciary who has appeared. If the party against whom a default 
        judgment is sought has appeared personally or by a 
        representative, that party or its representative must be served 
        with written notice of the application at least 3 days before 
        the hearing. The court may conduct hearings or make referrals -- 
        preserving any federal statutory right to a jury trial -- when, 
        to enter or effectuate judgment, it needs to:
                    (A) conduct an accounting;
                    (B) determine the amount of damages;
                    (C) establish the truth of any allegation by 
                evidence; or
                    (D) investigate any other matter.
    (c) Setting Aside a Default or a Default Judgment. The court may set 
aside an entry of default for good cause, and it may set aside a default 
judgment under Rule 60(b).
    (d) Judgment Against the United States. A default judgment may be 
entered against the United States, its officers, or its agencies only if 
the claimant establishes a claim or right to relief by evidence that 
satisfies the court.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 56
. Summary Judgment________________________________________________
    (a) By a Claiming Party. A party claiming relief may move, with or 
without supporting affidavits, for summary judgment on all or part of 
the claim. The motion may be filed at any time after:
            (1) 20 days have passed from commencement of the action; or
            (2) the opposing party serves a motion for summary judgment.
    (b) By a Defending Party. A party against whom relief is sought may 
move at any time, with or without supporting affidavits, for summary 
judgment on all or part of the claim.
    (c) Serving the Motion; Proceedings. The motion must be served at 
least 10 days before the day set for the hearing. An opposing party may 
serve opposing affidavits before the hearing day. The judgment sought 
should be rendered if the pleadings, the discovery and disclosure 
materials on file, and any affidavits show that there is no genuine 
issue as to any material fact and that the movant is entitled to 
judgment as a matter of law.
    (d) Case Not Fully Adjudicated on the Motion.
            (1) Establishing Facts. If summary judgment is not rendered 
        on the whole action, the court should, to the extent 
        practicable, determine what material facts are not genuinely at 
        issue. The court should so determine by examining the pleadings 
        and evidence before it and by interrogating the attorneys. It 
        should then issue an order specifying what facts -- including 
        items of damages or other relief -- are not genuinely at issue. 
        The facts so specified must be treated as established in the 
        action.
            (2) Establishing Liability. An interlocutory summary 
        judgment may be rendered on liability alone, even if there is a 
        genuine issue on the amount of damages.
    (e) Affidavits; Further Testimony.
            (1) In General. A supporting or opposing affidavit must be 
        made on personal knowledge, set out facts that would be 
        admissible in evidence, and show that the affiant is competent 
        to testify on the matters stated. If a paper or part of a paper 
        is referred to in an affidavit, a sworn or certified copy must 
        be attached to or served with the affidavit. The court may 
        permit an affidavit to be supplemented or opposed by 
        depositions, answers to interrogatories, or additional 
        affidavits.
            (2) Opposing Party's Obligation to Respond. When a motion 
        for summary judgment is properly made and supported, an opposing 
        party may not rely merely on allegations or denials in its own 
        pleading; rather, its response must -- by affidavits or as 
        otherwise provided in this rule -- set out specific facts 
        showing a genuine issue for trial. If the opposing party does 
        not so respond, summary judgment should, if appropriate, be 
        entered against that party.
    (f) When Affidavits Are Unavailable. If a party opposing the motion 
shows by affidavit that, for specified reasons, it cannot present facts 
essential to justify its opposition, the court may:
            (1) deny the motion;
            (2) order a continuance to enable affidavits to be obtained, 
        depositions to be taken, or other discovery to be undertaken; or
            (3) issue any other just order.
    (g) Affidavit Submitted in Bad Faith. If satisfied that an affidavit 
under this rule is submitted in bad faith or solely for delay, the court 
must order the submitting party to pay the other party the reasonable 
expenses, including attorney's fees, it incurred as a result. An 
offending party or attorney may also be held in contempt.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 57
. Declaratory Judgment____________________________________________
    These rules govern the procedure for obtaining a declaratory 
judgment under 28 U.S.C. Sec. 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. The court may 
order a speedy hearing of a declaratory-judgment action.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 58
. Entering Judgment_______________________________________________
    (a) Separate Document. Every judgment and amended judgment must be 
set out in a separate document, but a separate document is not required 
for an order disposing of a motion:
            (1) for judgment under Rule 50(b);
            (2) to amend or make additional findings under Rule 52(b);
            (3) for attorney's fees under Rule 54;
            (4) for a new trial, or to alter or amend the judgment, 
        under Rule 59; or
            (5) for relief under Rule 60.
    (b) Entering Judgment.
            (1) Without the Court's Direction. Subject to Rule 54(b) and 
        unless the court orders otherwise, the clerk must, without 
        awaiting the court's direction, promptly prepare, sign, and 
        enter the judgment when:
                    (A) the jury returns a general verdict;
                    (B) the court awards only costs or a sum certain; or
                    (C) the court denies all relief.
            (2) Court's Approval Required. Subject to Rule 54(b), the 
        court must promptly approve the form of the judgment, which the 
        clerk must promptly enter, when:
                    (A) the jury returns a special verdict or a general 
                verdict with answers to written questions; or
                    (B) the court grants other relief not described in 
                this subdivision (b).
    (c) Time of Entry. 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 civil docket under Rule 79(a); or
            (2) if a separate document is required, when the judgment is 
        entered in the civil docket under Rule 79(a) and the earlier 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.
    (d) Request for Entry. A party may request that judgment be set out 
in a separate document as required by Rule 58(a).
    (e) Cost or Fee Awards. Ordinarily, the entry of judgment may not be 
delayed, nor the time for appeal extended, in order to tax costs or 
award fees. But if a timely motion for attorney's fees is made under 
Rule 54(d)(2), the court may act before a notice of appeal has been 
filed and become effective to order that the motion have the same effect 
under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion 
under Rule 59.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 
2002; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 59
. New Trial; Altering or Amending a Judgment______________________
    (a) In General.
            (1) Grounds for New Trial. The court may, on motion, grant a 
        new trial on all or some of the issues -- and to any party -- as 
        follows:
                    (A) after a jury trial, for any reason for which a 
                new trial has heretofore been granted in an action at 
                law in federal court; or
                    (B) after a nonjury trial, for any reason for which 
                a rehearing has heretofore been granted in a suit in 
                equity in federal court.
            (2) Further Action After a Nonjury Trial. After a nonjury 
        trial, the court may, on motion for a new trial, open the 
        judgment if one has been entered, take additional testimony, 
        amend findings of fact and conclusions of law or make new ones, 
        and direct the entry of a new judgment.
    (b) Time to File a Motion for a New Trial. A motion for a new trial 
must be filed no later than 10 days after the entry of judgment.
    (c) Time to Serve Affidavits. When a motion for a new trial is based 
on affidavits, they must be filed with the motion. The opposing party 
has 10 days after being served to file opposing affidavits; but that 
period may be extended for up to 20 days, either by the court for good 
cause or by the parties' stipulation. The court may permit reply 
affidavits.
    (d) New Trial on the Court's Initiative or for Reasons Not in the 
Motion. No later than 10 days after the entry of judgment, the court, on 
its own, may order a new trial for any reason that would justify 
granting one on a party's motion. After giving the parties notice and an 
opportunity to be heard, the court may grant a timely motion for a new 
trial for a reason not stated in the motion. In either event, the court 
must specify the reasons in its order.
    (e) Motion to Alter or Amend a Judgment. A motion to alter or amend 
a judgment must be filed no later than 10 days after the entry of the 
judgment.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 
1, 1966; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 60
. Relief from a Judgment or Order_________________________________
    (a) Corrections Based on Clerical Mistakes; Oversights and 
Omissions. The court may correct a clerical mistake or a mistake arising 
from oversight or omission whenever one is found in a judgment, order, 
or other part of the record. The court may do so on motion or on its 
own, with or without notice. But after an appeal has been docketed in 
the appellate court and while it is pending, such a mistake may be 
corrected only with the appellate court's leave.
    (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. 
On motion and just terms, the court may relieve a party or its legal 
representative from a final judgment, order, or proceeding for the 
following reasons:
            (1) mistake, inadvertence, surprise, or excusable neglect;
            (2) newly discovered evidence that, with reasonable 
        diligence, could not have been discovered in time to move for a 
        new trial under Rule 59(b);
            (3) fraud (whether previously called intrinsic or 
        extrinsic), misrepresentation, or misconduct by an opposing 
        party;
            (4) the judgment is void;
            (5) the judgment has been satisfied, released, or 
        discharged; it is based on an earlier judgment that has been 
        reversed or vacated; or applying it prospectively is no longer 
        equitable; or
            (6) any other reason that justifies relief.
    (c) Timing and Effect of the Motion.
            (1) Timing. A motion under Rule 60(b) must be made within a 
        reasonable time -- and for reasons (1), (2), and (3) no more 
        than a year after the entry of the judgment or order or the date 
        of the proceeding.
            (2) Effect on Finality. The motion does not affect the 
        judgment's finality or suspend its operation.
    (d) Other Powers to Grant Relief. This rule does not limit a court's 
power to:
            (1) entertain an independent action to relieve a party from 
        a judgment, order, or proceeding;
            (2) grant relief under 28 U.S.C. Sec. 1655 to a defendant 
        who was not personally notified of the action; or
            (3) set aside a judgment for fraud on the court.
    (e) Bills and Writs Abolished. The following are abolished: bills of 
review, bills in the nature of bills of review, and writs of coram 
nobis, coram vobis, and audita querela.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 61
. Harmless Error__________________________________________________
    Unless justice requires otherwise, no error in admitting or 
excluding evidence -- or any other error by the court or a party -- is 
ground for granting a new trial, for setting aside a verdict, or for 
vacating, modifying, or otherwise disturbing a judgment or order. At 
every stage of the proceeding, the court must disregard all errors and 
defects that do not affect any party's substantial rights.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 62
. Stay of Proceedings to Enforce a Judgment_______________________
    (a) Automatic Stay; Exceptions for Injunctions, Receiverships, and 
Patent Accountings. Except as stated in this rule, no execution may 
issue on a judgment, nor may proceedings be taken to enforce it, until 
10 days have passed after its entry. But unless the court orders 
otherwise, the following are not stayed after being entered, even if an 
appeal is taken:
            (1) an interlocutory or final judgment in an action for an 
        injunction or a receivership; or
            (2) a judgment or order that directs an accounting in an 
        action for patent infringement.
    (b) Stay Pending the Disposition of a Motion. On appropriate terms 
for the opposing party's security, the court may stay the execution of a 
judgment -- or any proceedings to enforce it -- pending disposition of 
any of the following motions:
            (1) under Rule 50, for judgment as a matter of law;
            (2) under Rule 52(b), to amend the findings or for 
        additional findings;
            (3) under Rule 59, for a new trial or to alter or amend a 
        judgment; or
            (4) under Rule 60, for relief from a judgment or order.
    (c) Injunction Pending an Appeal. While an appeal is pending from an 
interlocutory order or final judgment that grants, dissolves, or denies 
an injunction, the court may suspend, modify, restore, or grant an 
injunction on terms for bond or other terms that secure the opposing 
party's rights. If the judgment appealed from is rendered by a statutory 
three-judge district court, the order must be made either:
            (1) by that court sitting in open session; or
            (2) by the assent of all its judges, as evidenced by their 
        signatures.
    (d) Stay with Bond on Appeal. If an appeal is taken, the appellant 
may obtain a stay by supersedeas bond, except in an action described in 
Rule 62(a)(1) or (2). The bond may be given upon or after filing the 
notice of appeal or after obtaining the order allowing the appeal. The 
stay takes effect when the court approves the bond.
    (e) Stay Without Bond on an Appeal by the United States, Its 
Officers, or Its Agencies. The court must not require a bond, 
obligation, or other security from the appellant when granting a stay on 
an appeal by the United States, its officers, or its agencies or on an 
appeal directed by a department of the federal government.
    (f) Stay in Favor of a Judgment Debtor Under State Law. If a 
judgment is a lien on the judgment debtor's property under the law of 
the state where the court is located, the judgment debtor is entitled to 
the same stay of execution the state court would give.
    (g) Appellate Court's Power Not Limited. This rule does not limit 
the power of the appellate court or one of its judges or justices:
            (1) to stay proceedings -- or suspend, modify, restore, or 
        grant an injunction -- while an appeal is pending; or
            (2) to issue an order to preserve the status quo or the 
        effectiveness of the judgment to be entered.
    (h) Stay with Multiple Claims or Parties. A court may stay the 
enforcement of a final judgment entered under Rule 54(b) until it enters 
a later judgment or judgments, and may prescribe terms necessary to 
secure the benefit of the stayed judgment for the party in whose favor 
it was entered.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 63
. Judge's Inability to Proceed____________________________________
    If a judge conducting a hearing or trial is unable to proceed, any 
other judge may proceed upon certifying familiarity with the record and 
determining that the case may be completed without prejudice to the 
parties. In a hearing or a nonjury trial, the successor judge must, at a 
party's request, recall any witness whose testimony is material and 
disputed and who is available to testify again without undue burden. The 
successor judge may also recall any other witness.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 
1991; Apr. 30, 2007, eff. Dec. 1, 2007.)

               TITLE VIII. PROVISIONAL AND FINAL REMEDIES

Rule 64
. Seizing a Person or Property____________________________________
    (a) Remedies Under State Law -- In General. 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 a person 
or property to secure satisfaction of the potential judgment. 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:
       arrest;
       attachment;
       garnishment;
       replevin;
       sequestration; and
       other corresponding or equivalent remedies.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 65
. Injunctions and Restraining Orders______________________________
    (a) Preliminary Injunction.
            (1) Notice. The court may issue a preliminary injunction 
        only on notice to the adverse party.
            (2) Consolidating the Hearing with the Trial on the Merits. 
        Before or after beginning the hearing on a motion for a 
        preliminary injunction, the court may advance the trial on the 
        merits and consolidate it with the hearing. Even when 
        consolidation is not ordered, evidence that is received on the 
        motion and that would be admissible at trial becomes part of the 
        trial record and need not be repeated at trial. But the court 
        must preserve any party's right to a jury trial.
    (b) Temporary Restraining Order.
            (1) Issuing Without Notice. The court may issue a temporary 
        restraining order without written or oral notice to the adverse 
        party or its attorney only if:
                    (A) specific facts in an affidavit or a verified 
                complaint clearly show that immediate and irreparable 
                injury, loss, or damage will result to the movant before 
                the adverse party can be heard in opposition; and
                    (B) the movant's attorney certifies in writing any 
                efforts made to give notice and the reasons why it 
                should not be required.
            (2) Contents; Expiration. Every temporary restraining order 
        issued without notice must state the date and hour it was 
        issued; describe the injury and state why it is irreparable; 
        state why the order was issued without notice; and be promptly 
        filed in the clerk's office and entered in the record. The order 
        expires at the time after entry -- not to exceed 10 days -- that 
        the court sets, unless before that time the court, for good 
        cause, extends it for a like period or the adverse party 
        consents to a longer extension. The reasons for an extension 
        must be entered in the record.
            (3) Expediting the Preliminary-Injunction Hearing. If the 
        order is issued without notice, the motion for a preliminary 
        injunction must be set for hearing at the earliest possible 
        time, taking precedence over all other matters except hearings 
        on older matters of the same character. At the hearing, the 
        party who obtained the order must proceed with the motion; if 
        the party does not, the court must dissolve the order.
            (4) Motion to Dissolve. On 2 days' notice to the party who 
        obtained the order without notice -- or on shorter notice set by 
        the court -- the adverse party may appear and move to dissolve 
        or modify the order. The court must then hear and decide the 
        motion as promptly as justice requires.
    (c) Security. The court may issue a preliminary injunction or a 
temporary restraining order only if the movant gives security in an 
amount that the court considers proper to pay the costs and damages 
sustained by any party found to have been wrongfully enjoined or 
restrained. The United States, its officers, and its agencies are not 
required to give security.
    (d) Contents and Scope of Every Injunction and Restraining Order.
            (1) Contents. Every order granting an injunction and every 
        restraining order must:
                    (A) state the reasons why it issued;
                    (B) state its terms specifically; and
                    (C) describe in reasonable detail -- and not by 
                referring to the complaint or other document -- the act 
                or acts restrained or required.
            (2) Persons Bound. The order binds only the following who 
        receive actual notice of it by personal service or otherwise:
                    (A) the parties;
                    (B) the parties' officers, agents, servants, 
                employees, and attorneys; and
                    (C) other persons who are in active concert or 
                participation with anyone described in Rule 65(d)(2)(A) 
                or (B).
    (e) Other Laws Not Modified. 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. Sec. 2361, which relates to preliminary 
        injunctions in actions of interpleader or in the nature of 
        interpleader; or
            (3) 28 U.S.C. Sec. 2284, which relates to actions that must 
        be heard and decided by a three-judge district court.
    (f) Copyright Impoundment. This rule applies to copyright-
impoundment proceedings.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 
1987; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 65.1
. Proceedings Against a Surety____________________________________
    Whenever these rules (including the Supplemental Rules for Admiralty 
or Maritime Claims and Asset Forfeiture Actions) require or allow a 
party to give security, and security is given through a bond or other 
undertaking 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 any papers that affect its liability on 
the bond or undertaking. The surety's liability may be enforced on 
motion without an independent action. 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 known.
(As added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 2, 1987, eff. 
Aug. 1, 1987; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 66
. 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 or 
with a local rule. An action in which a receiver has been appointed may 
be dismissed only by court order.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 67
. Deposit into Court______________________________________________
    (a) Depositing Property. If any part of the relief sought is a money 
judgment or the disposition of a sum of money or some other deliverable 
thing, a party -- on notice to every other party and by leave of court 
-- may deposit with the court all or part of the money or thing, whether 
or not that party claims any of it. The depositing party must deliver to 
the clerk a copy of the order permitting deposit.
    (b) Investing and Withdrawing Funds. Money paid into court under 
this rule must be deposited and withdrawn in accordance with 28 U.S.C. 
Sec. Sec. 2041 and 2042 and any like statute. The money must be 
deposited in an interest-bearing account or invested in a court-
approved, interest-bearing instrument.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 28, 1983, eff. Aug. 
1, 1983; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 68
. Offer of Judgment_______________________________________________
    (a) Making an Offer; Judgment on an Accepted Offer. More than 10 
days before the trial begins, a party defending against a claim may 
serve on an opposing party an offer to allow judgment on specified 
terms, with the costs then accrued. If, within 10 days after being 
served, the opposing party serves written notice accepting the offer, 
either party may then file the offer and notice of acceptance, plus 
proof of service. The clerk must then enter judgment.
    (b) Unaccepted Offer. An unaccepted offer is considered withdrawn, 
but it does not preclude a later offer. Evidence of an unaccepted offer 
is not admissible except in a proceeding to determine costs.
    (c) Offer After Liability Is Determined. When one party's liability 
to another has been determined but the extent of liability remains to be 
determined by further proceedings, the party held liable may make an 
offer of judgment. It must be served within a reasonable time -- but at 
least 10 days -- before a hearing to determine the extent of liability.
    (d) Paying Costs After an Unaccepted Offer. If the judgment that the 
offeree finally obtains is not more favorable than the unaccepted offer, 
the offeree must pay the costs incurred after the offer was made.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 
1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 69
. Execution_______________________________________________________
    (a) In General.
            (1) Money Judgment; Applicable Procedure. A money judgment 
        is enforced by a writ of execution, unless the court directs 
        otherwise. 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.
            (2) Obtaining Discovery. In aid of the judgment or 
        execution, the judgment creditor or a successor in interest 
        whose interest appears of record may obtain discovery from any 
        person -- including the judgment debtor -- as provided in these 
        rules or by the procedure of the state where the court is 
        located.
    (b) Against Certain Public Officers. When a judgment has been 
entered against a revenue officer in the circumstances stated in 28 
U.S.C. Sec. 2006, or against an officer of Congress in the circumstances 
stated in 2 U.S.C. Sec. 118, the judgment must be satisfied as those 
statutes provide.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 
1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 70
. Enforcing a Judgment for a Specific Act_________________________
    (a) Party's Failure to Act; Ordering Another to Act. If a judgment 
requires a party to convey land, to deliver a deed or other document, or 
to perform any other specific act and the party fails to comply within 
the time specified, the court may order the act to be done -- at the 
disobedient party's expense -- by another person appointed by the court. 
When done, the act has the same effect as if done by the party.
    (b) Vesting Title. If the real or personal property is within the 
district, the court -- instead of ordering a conveyance -- may enter a 
judgment divesting any party's title and vesting it in others. That 
judgment has the effect of a legally executed conveyance.
    (c) Obtaining a Writ of Attachment or Sequestration. On application 
by a party entitled to performance of an act, the clerk must issue a 
writ of attachment or sequestration against the disobedient party's 
property to compel obedience.
    (d) Obtaining a Writ of Execution or Assistance. On application by a 
party who obtains a judgment or order for possession, the clerk must 
issue a writ of execution or assistance.
    (e) Holding in Contempt. The court may also hold the disobedient 
party in contempt.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 71
. Enforcing Relief For or Against a Nonparty______________________
    When an order grants relief for a nonparty or may be enforced 
against a nonparty, the procedure for enforcing the order is the same as 
for a party.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)

                      TITLE IX. SPECIAL PROCEEDINGS

Rule 71.1
. 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.
    (b) Joinder of Properties. The plaintiff may join separate pieces of 
property in a single action, no matter whether they are owned by the 
same persons or sought for the same use.
    (c) Complaint.
            (1) Caption. The complaint must contain a caption as 
        provided in Rule 10(a). The plaintiff must, however, name as 
        defendants both the property -- designated generally by kind, 
        quantity, and location -- and at least one owner of some part of 
        or interest in the property.
            (2) Contents. The complaint must contain a short and plain 
        statement of the following:
                    (A) the authority for the taking;
                    (B) the uses for which the property is to be taken;
                    (C) a description sufficient to identify the 
                property;
                    (D) the interests to be acquired; and
                    (E) for each piece of property, a designation of 
                each defendant who has been joined as an owner or owner 
                of an interest in it.
            (3) Parties. When the action commences, the plaintiff need 
        join as defendants only those persons who have or claim an 
        interest in the property and whose names are then known. But 
        before any hearing on compensation, the plaintiff must add as 
        defendants all those persons who have or claim an interest and 
        whose names have become known or can be found by a reasonably 
        diligent search of the records, considering both the property's 
        character and value and the interests to be acquired. All others 
        may be made defendants under the designation ``Unknown Owners.''
            (4) Procedure. Notice must be served on all defendants as 
        provided in Rule 71.1(d), whether they were named as defendants 
        when the action commenced or were added later. A defendant may 
        answer as provided in Rule 71.1(e). The court, meanwhile, may 
        order any distribution of a deposit that the facts warrant.
            (5) Filing; Additional Copies. In addition to filing the 
        complaint, the plaintiff must give the clerk at least one copy 
        for the defendants' use and additional copies at the request of 
        the clerk or a defendant.
    (d) Process.
            (1) Delivering Notice to the Clerk. On filing a complaint, 
        the plaintiff must promptly deliver to the clerk joint or 
        several notices directed to the named defendants. When adding 
        defendants, the plaintiff must deliver to the clerk additional 
        notices directed to the new defendants.
            (2) Contents of the Notice.
                    (A) Main Contents. Each notice must name the court, 
                the title of the action, and the defendant to whom it is 
                directed. It must describe the property sufficiently to 
                identify it, but need not describe any property other 
                than that to be taken from the named defendant. The 
                notice must also state:
                            (i) that the action is to condemn property;
                            (ii) the interest to be taken;
                            (iii) the authority for the taking;
                            (iv) the uses for which the property is to 
                        be taken;
                            (v) that the defendant may serve an answer 
                        on the plaintiff's attorney within 20 days after 
                        being served with the notice;
                            (vi) that the failure to so serve an answer 
                        constitutes consent to the taking and to the 
                        court's authority to proceed with the action and 
                        fix the compensation; and
                            (vii) that a defendant who does not serve an 
                        answer may file a notice of appearance.
                    (B) Conclusion. The notice must conclude with the 
                name, telephone number, and e-mail address of the 
                plaintiff's attorney and an address within the district 
                in which the action is brought where the attorney may be 
                served.
            (3) Serving the Notice.
                    (A) Personal Service. When a defendant whose address 
                is known resides within the United States or a territory 
                subject to the administrative or judicial jurisdiction 
                of the United States, personal service of the notice 
                (without a copy of the complaint) must be made in 
                accordance with Rule 4.
                    (B) Service by Publication.
                            (i) A defendant may be served by publication 
                        only when the plaintiff's attorney files a 
                        certificate stating that the attorney believes 
                        the defendant cannot be personally served, 
                        because after diligent inquiry within the state 
                        where the complaint is filed, the defendant's 
                        place of residence is still unknown or, if 
                        known, that it is beyond the territorial limits 
                        of personal service. Service is then made by 
                        publishing the notice -- once a week for at 
                        least 3 successive weeks -- in a newspaper 
                        published in the county where the property is 
                        located or, if there is no such newspaper, in a 
                        newspaper with general circulation where the 
                        property is located. Before the last 
                        publication, a copy of the notice must also be 
                        mailed to every defendant who cannot be 
                        personally served but whose place of residence 
                        is then known. Unknown owners may be served by 
                        publication in the same manner by a notice 
                        addressed to ``Unknown Owners.''
                            (ii) Service by publication is complete on 
                        the date of the last publication. The 
                        plaintiff's attorney must prove publication and 
                        mailing by a certificate, attach a printed copy 
                        of the published notice, and mark on the copy 
                        the newspaper's name and the dates of 
                        publication.
            (4) Effect of Delivery and Service. Delivering the notice to 
        the clerk and serving it have the same effect as serving a 
        summons under Rule 4.
            (5) Amending the Notice; Proof of Service and Amending the 
        Proof. Rule 4(a)(2) governs amending the notice. Rule 4(l) 
        governs proof of service and amending it.
    (e) Appearance or Answer.
            (1) Notice of Appearance. A defendant that has no objection 
        or defense to the taking of its property may serve a notice of 
        appearance designating the property in which it claims an 
        interest. The defendant must then be given notice of all later 
        proceedings affecting the defendant.
            (2) Answer. A defendant that has an objection or defense to 
        the taking must serve an answer within 20 days after being 
        served with the notice. The answer must:
                    (A) identify the property in which the defendant 
                claims an interest;
                    (B) state the nature and extent of the interest; and
                    (C) state all the defendant's objections and 
                defenses to the taking.
            (3) Waiver of Other Objections and Defenses; Evidence on 
        Compensation. A defendant waives all objections and defenses not 
        stated in its answer. No other pleading or motion asserting an 
        additional objection or defense is allowed. But at the trial on 
        compensation, a defendant -- whether or not it has previously 
        appeared or answered -- may present evidence on the amount of 
        compensation to be paid and may share in the award.
    (f) Amending Pleadings. Without leave of court, the plaintiff may -- 
as often as it wants -- amend the complaint at any time before the trial 
on compensation. But no amendment may be made if it would result in a 
dismissal inconsistent with Rule 71.1(i)(1) or (2). The plaintiff need 
not serve a copy of an amendment, but must serve notice of the filing, 
as provided in Rule 5(b), on every affected party who has appeared and, 
as provided in Rule 71.1(d), on every affected party who has not 
appeared. In addition, the plaintiff must give the clerk at least one 
copy of each amendment for the defendants' use, and additional copies at 
the request of the clerk or a defendant. A defendant may appear or 
answer in the time and manner and with the same effect as provided in 
Rule 71.1(e).
    (g) Substituting Parties. If a defendant dies, becomes incompetent, 
or transfers an interest after being joined, the court may, on motion 
and notice of hearing, order that the proper party be substituted. 
Service of the motion and notice on a nonparty must be made as provided 
in Rule 71.1(d)(3).
    (h) Trial of the Issues.
            (1) Issues Other Than Compensation; Compensation. In an 
        action involving eminent domain under federal law, the court 
        tries all issues, including compensation, except when 
        compensation must be determined:
                    (A) by any tribunal specially constituted by a 
                federal statute to determine compensation; or
                    (B) if there is no such tribunal, by a jury when a 
                party demands one within the time to answer or within 
                any additional time the court sets, unless the court 
                appoints a commission.
            (2) Appointing a Commission; Commission's Powers and Report.
                    (A) Reasons for Appointing. If a party has demanded 
                a jury, the court may instead appoint a three-person 
                commission to determine compensation because of the 
                character, location, or quantity of the property to be 
                condemned or for other just reasons.
                    (B) Alternate Commissioners. The court may appoint 
                up to two additional persons to serve as alternate 
                commissioners to hear the case and replace commissioners 
                who, before a decision is filed, the court finds unable 
                or disqualified to perform their duties. Once the 
                commission renders its final decision, the court must 
                discharge any alternate who has not replaced a 
                commissioner.
                    (C) Examining the Prospective Commissioners. Before 
                making its appointments, the court must advise the 
                parties of the identity and qualifications of each 
                prospective commissioner and alternate, and may permit 
                the parties to examine them. The parties may not suggest 
                appointees, but for good cause may object to a 
                prospective commissioner or alternate.
                    (D) Commission's Powers and Report. A commission has 
                the powers of a master under Rule 53(c). Its action and 
                report are determined by a majority. Rule 53(d), (e), 
                and (f) apply to its action and report.
    (i) Dismissal of the Action or a Defendant.
            (1) Dismissing the Action.
                    (A) By the Plaintiff. If no compensation hearing on 
                a piece of property has begun, and if the plaintiff has 
                not acquired title or a lesser interest or taken 
                possession, the plaintiff may, without a court order, 
                dismiss the action as to that property by filing a 
                notice of dismissal briefly describing the property.
                    (B) By Stipulation. Before a judgment is entered 
                vesting the plaintiff with title or a lesser interest in 
                or possession of property, the plaintiff and affected 
                defendants may, without a court order, dismiss the 
                action in whole or in part by filing a stipulation of 
                dismissal. And if the parties so stipulate, the court 
                may vacate a judgment already entered.
                    (C) By Court Order. At any time before compensation 
                has been determined and paid, the court may, after a 
                motion and hearing, dismiss the action as to a piece of 
                property. But if the plaintiff has already taken title, 
                a lesser interest, or possession as to any part of it, 
                the court must award compensation for the title, lesser 
                interest, or possession taken.
            (2) Dismissing a Defendant. The court may at any time 
        dismiss a defendant who was unnecessarily or improperly joined.
            (3) Effect. A dismissal is without prejudice unless 
        otherwise stated in the notice, stipulation, or court order.
    (j) Deposit and Its Distribution.
            (1) Deposit. The plaintiff must deposit with the court any 
        money required by law as a condition to the exercise of eminent 
        domain and may make a deposit when allowed by statute.
            (2) Distribution; Adjusting Distribution. After a deposit, 
        the court and attorneys must expedite the proceedings so as to 
        distribute the deposit and to determine and pay compensation. If 
        the compensation finally awarded to a defendant exceeds the 
        amount distributed to that defendant, the court must enter 
        judgment against the plaintiff for the deficiency. If the 
        compensation awarded to a defendant is less than the amount 
        distributed to that defendant, the court must enter judgment 
        against that defendant for the overpayment.
    (k) Condemnation Under a State's Power of Eminent Domain. This rule 
governs an action involving eminent domain under state law.  But if 
state law provides for trying an issue by jury -- or for trying the 
issue of compensation by jury or commission or both -- that law governs.
    (l) Costs. Costs are not subject to Rule 54(d).
(As added Apr. 30, 1951, eff. Aug. 1, 1951; amended Jan. 21, 1963, eff. 
July 1, 1963; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 
1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988; Apr. 22, 1993, 
eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 30, 2007, eff. 
Dec. 1, 2007.)
Rule 72
. Magistrate Judges: Pretrial Order_______________________________
    (a) Nondispositive Matters. When a pretrial matter not dispositive 
of a party's claim or defense is referred to a magistrate judge to hear 
and decide, the magistrate judge must promptly conduct the required 
proceedings and, when appropriate, issue a written order stating the 
decision. A party may serve and file objections to the order within 10 
days after being served with a copy. A party may not assign as error a 
defect in the order not timely objected to. The district judge in the 
case must consider timely objections and modify or set aside any part of 
the order that is clearly erroneous or is contrary to law.
    (b) Dispositive Motions and Prisoner Petitions.
            (1) Findings and Recommendations. A magistrate judge must 
        promptly conduct the required proceedings when assigned, without 
        the parties' consent, to hear a pretrial matter dispositive of a 
        claim or defense or a prisoner petition challenging the 
        conditions of confinement. A record must be made of all 
        evidentiary proceedings and may, at the magistrate judge's 
        discretion, be made of any other proceedings. The magistrate 
        judge must enter a recommended disposition, including, if 
        appropriate, proposed findings of fact. The clerk must promptly 
        mail a copy to each party.
            (2) Objections. Within 10 days after being served with a 
        copy of the recommended disposition, a party may serve and file 
        specific written objections to the proposed findings and 
        recommendations. A party may respond to another party's 
        objections within 10 days after being served with a copy. Unless 
        the district judge orders otherwise, the objecting party must 
        promptly arrange for transcribing the record, or whatever 
        portions of it the parties agree to or the magistrate judge 
        considers sufficient.
            (3) Resolving Objections. The district judge must determine 
        de novo any part of the magistrate judge's disposition that has 
        been properly objected to. The district judge may accept, 
        reject, or modify the recommended disposition; receive further 
        evidence; or return the matter to the magistrate judge with 
        instructions.
(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Apr. 30, 1991, eff. 
Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 73
. Magistrate Judges: Trial by Consent; Appeal_____________________
    (a) Trial by Consent. When authorized under 28 U.S.C. Sec. 636(c), a 
magistrate judge may, if all parties consent, conduct a civil action or 
proceeding, including a jury or nonjury trial. A record must be made in 
accordance with 28 U.S.C. Sec. 636(c)(5).
    (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 to consent under 28 
        U.S.C. Sec. 636(c). To signify their consent, the parties must 
        jointly or separately file a statement consenting to the 
        referral. A district judge or magistrate judge may be informed 
        of a party's response to the clerk's notice only if all parties 
        have consented to the referral.
            (2) Reminding the Parties About Consenting. A district 
        judge, magistrate judge, or other court official may remind the 
        parties of the magistrate judge's availability, but must also 
        advise them that they are free to withhold consent without 
        adverse substantive consequences.
            (3) Vacating a Referral. On its own for good cause -- or 
        when a party shows extraordinary circumstances -- the district 
        judge may vacate a referral to a magistrate judge under this 
        rule.
    (c) Appealing a Judgment. In accordance with 28 U.S.C. 
Sec. 636(c)(3), an appeal from a judgment entered at a magistrate 
judge's direction may be taken to the court of appeals as would any 
other appeal from a district-court judgment.
(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Mar. 2, 1987, eff. 
Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 11, 1997, eff. Dec. 
1, 1997; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 74
. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]_________________
Rule 75
. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]_________________
Rule 76
. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]_________________

TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS

Rule 77
. Conducting Business; Clerk's Authority; Notice of an Order or 
Judgment________________________________________________________________
    (a) When Court Is Open. Every district court is considered always 
open for filing any paper, issuing and returning process, making a 
motion, or entering an order.
    (b) Place for Trial and Other Proceedings. Every trial on the merits 
must be conducted in open court and, so far as convenient, in a regular 
courtroom. Any other act or proceeding may be done or conducted by a 
judge in chambers, without the attendance of the clerk or other court 
official, and anywhere inside or outside the district. But no hearing -- 
other than one ex parte -- may be conducted outside the district unless 
all the affected parties consent.
    (c) Clerk's Office Hours; Clerk's Orders.
            (1) Hours. The clerk's office -- with a clerk or deputy on 
        duty -- must be open during business hours every day except 
        Saturdays, Sundays, and legal holidays. But a court may, by 
        local rule or order, require that the office be open for 
        specified hours on Saturday or a particular legal holiday other 
        than one listed in Rule 6(a)(4)(A).
            (2) Orders. Subject to the court's power to suspend, alter, 
        or rescind the clerk's action for good cause, the clerk may:
                    (A) issue process;
                    (B) enter a default;
                    (C) enter a default judgment under Rule 55(b)(1); 
                and
                    (D) act on any other matter that does not require 
                the court's action.
    (d) Serving Notice of an Order or Judgment.
            (1) Service. Immediately after entering an order or 
        judgment, the clerk must serve notice of the entry, as provided 
        in Rule 5(b), on each party who is not in default for failing to 
        appear. The clerk must record the service on the docket. 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. Lack of 
        notice of the entry does not affect the time for appeal or 
        relieve -- or authorize the court to relieve -- a party for 
        failing to appeal within the time allowed, except as allowed by 
        Federal Rule of Appellate Procedure (4)(a).
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 
1, 1963; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 
1971; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; 
Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 78
. Hearing Motions; Submission on Briefs___________________________
    (a) Providing a Regular Schedule for Oral Hearings. A court may 
establish regular times and places for oral hearings on motions.
    (b) Providing for Submission on Briefs. By rule or order, the court 
may provide for submitting and determining motions on briefs, without 
oral hearings.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 79
. Records Kept by the Clerk_______________________________________
    (a) Civil Docket.
            (1) In General. 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 
        Courts with the approval of the Judicial Conference of the 
        United States. The clerk must enter each civil action in the 
        docket. Actions must be assigned consecutive file numbers, which 
        must be noted in the docket where the first entry of the action 
        is made.
            (2) Items to be Entered. The following items must be marked 
        with the file number and entered chronologically in the docket:
                    (A) papers filed with the clerk;
                    (B) process issued, and proofs of service or other 
                returns showing execution; and
                    (C) appearances, orders, verdicts, and judgments.
            (3) Contents of Entries; Jury Trial Demanded. Each entry 
        must briefly show the nature of the paper filed or writ issued, 
        the substance of each proof of service or other return, and the 
        substance and date of entry of each order and judgment. When a 
        jury trial has been properly demanded or ordered, the clerk must 
        enter the word ``jury'' in the docket.
    (b) Civil Judgments and Orders. The clerk must keep a copy of every 
final judgment and appealable order; of every order affecting title to 
or a lien on real or personal property; and of any other order that the 
court directs to be kept. The clerk must keep these in the form and 
manner prescribed by the Director of the Administrative Office of the 
United States Courts with the approval of the Judicial Conference of the 
United States.
    (c) Indexes; Calendars. Under the court's direction, the clerk must:
            (1) keep indexes of the docket and of the judgments and 
        orders described in Rule 79(b); and
            (2) prepare calendars of all actions ready for trial, 
        distinguishing jury trials from nonjury trials.
    (d) Other Records. The clerk must keep any other records required by 
the Director of the Administrative Office of the United States Courts 
with the approval of the Judicial Conference of the United States.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Jan. 21, 1963, eff. July 1, 1963; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 80
. Stenographic Transcript as Evidence_____________________________
    If stenographically reported testimony at a hearing or trial is 
admissible in evidence at a later trial, the testimony may be proved by 
a transcript certified by the person who reported it.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 30, 2007, eff. Dec. 
1, 2007.)

                      TITLE XI. GENERAL PROVISIONS

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. Sec. Sec. 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. Sec. 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. Sec. Sec. 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. Sec. 522, for reviewing an order of 
                the Secretary of the Interior;
                    (D) 15 U.S.C. Sec. 715d(c), for reviewing an order 
                denying a certificate of clearance;
                    (E) 29 U.S.C. Sec. Sec. 159, 160, for enforcing an 
                order of the National Labor Relations Board;
                    (F) 33 U.S.C. Sec. Sec. 918, 921, for enforcing or 
                reviewing a compensation order under the Longshore and 
                Harbor Workers' Compensation Act; and
                    (G) 45 U.S.C. Sec. 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) 20 days after receiving -- through service or 
                otherwise -- a copy of the initial pleading stating the 
                claim for relief;
                    (B) 20 days after being served with the summons for 
                an initial pleading on file at the time of service; or
                    (C) 5 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 10 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.
(As amended Dec. 28, 1939, eff. Apr. 3, 1941; Dec. 27, 1946, eff. Mar. 
19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 1951, eff. Aug. 1, 
1951; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 
1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; 
Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 
29, 2002, eff. Dec. 1, 2002; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 82
. 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 of 28 U.S.C. 
Sec. Sec. 1391-1392.
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 
1, 1966; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 
2007.)
Rule 83
. Rules by District Courts; Judge's Directives____________________
    (a) Local Rules.
            (1) In General. After giving public notice and an 
        opportunity for comment, a district court, acting by a majority 
        of its district judges, may adopt and amend rules governing its 
        practice. A local rule must be consistent with -- but not 
        duplicate -- federal statutes and rules adopted under 28 U.S.C. 
        Sec. Sec. 2072 and 2075, and must conform to any uniform 
        numbering system prescribed by the Judicial Conference of the 
        United States. A local rule takes effect on the date specified 
        by the district court and remains in effect unless amended by 
        the court or abrogated by the judicial council of the circuit. 
        Copies of rules and amendments must, on their adoption, be 
        furnished to the judicial council and the Administrative Office 
        of the United States Courts and be made available to the public.
            (2) Requirement of Form. A local rule imposing a requirement 
        of form must not be enforced in a way that causes a party to 
        lose any right because of a nonwillful failure to comply.
    (b) Procedure When There Is No Controlling Law. A judge may regulate 
practice in any manner consistent with federal law, rules adopted under 
28 U.S.C. Sec. Sec. 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 alleged violator has been furnished in the particular case with 
actual notice of the requirement.
(As amended Apr. 29, 1985, eff. Aug. 1, 1985; Apr. 27, 1995, eff. Dec. 
1, 1995; Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 84
. Forms___________________________________________________________
    The forms in the Appendix suffice under these rules and illustrate 
the simplicity and brevity that these rules contemplate.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 30, 2007, eff. Dec. 
1, 2007.)
Rule 85
. Title___________________________________________________________
    These rules may be cited as the Federal Rules of Civil Procedure.
(As amended Apr. 30, 2007, eff. Dec. 1, 2007.)
Rule 86
. Effective Dates_________________________________________________
    (a) In General. These rules and any amendments take effect at the 
time specified by the Supreme Court, subject to 28 U.S.C. Sec. 2074. 
They govern:
            (1) proceedings in an action commenced after their effective 
        date; and
            (2) proceedings after that date in an action then pending 
        unless:
                    (A) the Supreme Court specifies otherwise; or
                    (B) the court determines that applying them in a 
                particular action would be infeasible or work an 
                injustice.
    (b) December 1, 2007 Amendments. 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. Sec. 2072(b) is not affected by the amendments 
taking effect on December 1, 2007.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 
20, 1949; Apr. 17, 1961, eff. July 19, 1961; Jan. 21 and Mar. 18, 1963, 
eff. July 1, 1963; Apr. 30, 2007, eff. Dec. 1, 2007.)


                    FEDERAL RULES OF CIVIL PROCEDURE

                            APPENDIX OF FORMS

           As added April 30, 2007, effective December 1, 2007

                              (See Rule 84)









































































      SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET 
                         FORFEITURE ACTIONS \1\
---------------------------------------------------------------------------

    \1\ Title amended April 12, 2006, effective December 1, 2006.
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Rule A
. 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 remedies:
                    (i) maritime attachment and garnishment,
                    (ii) actions in rem,
                    (iii) possessory, petitory, and partition actions, 
                and
                    (iv) actions for exoneration from or limitation of 
                liability;
            (B) forfeiture actions in rem arising from a federal 
        statute; and
            (C) the procedure in statutory condemnation proceedings 
        analogous to maritime actions in rem, whether within the 
        admiralty and maritime jurisdiction or not. Except as otherwise 
        provided, references in these Supplemental Rules to actions in 
        rem include such analogous statutory condemnation proceedings.
    (2) The Federal Rules of Civil Procedure also apply to the foregoing 
proceedings except to the extent that they are inconsistent with these 
Supplemental Rules.
(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 12, 2006, eff. 
Dec. 1, 2006.)
Rule B
. In Personam Actions: Attachment and Garnishment_________________
    (1) When Available; Complaint, Affidavit, Judicial Authorization, 
and Process. In an in personam action:
            (a) If a defendant is not found within the district when a 
        verified complaint praying for attachment and the affidavit 
        required by Rule B(1)(b) are filed, a verified complaint may 
        contain a prayer for process to attach the defendant's tangible 
        or intangible personal property--up to the amount sued for--in 
        the hands of garnishees named in the process.
            (b) The plaintiff or the plaintiff's attorney must sign and 
        file with the complaint an affidavit stating that, to the 
        affiant's knowledge, or on information and belief, the defendant 
        cannot be found within the district. The court must review the 
        complaint and affidavit and, if the conditions of this Rule B 
        appear to exist, enter an order so stating and authorizing 
        process of attachment and garnishment. The clerk may issue 
        supplemental process enforcing the court's order upon 
        application without further court order.
            (c) If the plaintiff or the plaintiff's attorney certifies 
        that exigent circumstances make court review impracticable, the 
        clerk must issue the summons and process of attachment and 
        garnishment. The plaintiff has the burden in any post-attachment 
        hearing under Rule E(4)(f) to show that exigent circumstances 
        existed.
            (d)(i) If the property is a vessel or tangible property on 
        board a vessel, the summons, process, and any supplemental 
        process must be delivered to the marshal for service.
            (ii) If the property is other tangible or intangible 
        property, the summons, process, and any supplemental process 
        must be delivered to a person or organization authorized to 
        serve it, who may be (A) a marshal; (B) someone under contract 
        with the United States; (C) someone specially appointed by the 
        court for that purpose; or, (D) in an action brought by the 
        United States, any officer or employee of the United States.
            (e) The plaintiff may invoke state-law remedies under Rule 
        64 for seizure of person or property for the purpose of securing 
        satisfaction of the judgment.
    (2) Notice to Defendant. No default judgment may be entered except 
upon proof--which may be by affidavit--that:
            (a) the complaint, summons, and process of attachment or 
        garnishment have been served on the defendant in a manner 
        authorized by Rule 4;
            (b) the plaintiff or the garnishee has mailed to the 
        defendant the complaint, summons, and process of attachment or 
        garnishment, using any form of mail requiring a return receipt; 
        or
            (c) the plaintiff or the garnishee has tried diligently to 
        give notice of the action to the defendant but could not do so.
    (3) Answer.
            (a) By Garnishee. The garnishee shall serve an answer, 
        together with answers to any interrogatories served with the 
        complaint, within 20 days after service of process upon the 
        garnishee. Interrogatories to the garnishee may be served with 
        the complaint without leave of court. If the garnishee refuses 
        or neglects to answer on oath as to the debts, credits, or 
        effects of the defendant in the garnishee's hands, or any 
        interrogatories concerning such debts, credits, and effects that 
        may be propounded by the plaintiff, the court may award 
        compulsory process against the garnishee. If the garnishee 
        admits any debts, credits, or effects, they shall be held in the 
        garnishee's hands or paid into the registry of the court, and 
        shall be held in either case subject to the further order of the 
        court.
            (b) By Defendant. The defendant shall serve an answer within 
        30 days after process has been executed, whether by attachment 
        of property or service on the garnishee.
(As added Feb. 28, 1966; eff. July 1, 1966; amended Apr. 29, 1985, eff. 
Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 
1, 2000; Apr. 25, 2005, eff. Dec. 1, 2005.)
Rule C
. In Rem Actions: Special Provisions______________________________
    (1) When Available. An action in rem may be brought:
            (a) To enforce any maritime lien;
            (b) Whenever a statute of the United States provides for a 
        maritime action in rem or a proceeding analogous thereto.
    Except as otherwise provided by law a party who may proceed in rem 
may also, or in the alternative, proceed in personam against any person 
who may be liable.
    Statutory provisions exempting vessels or other property owned or 
possessed by or operated by or for the United States from arrest or 
seizure are not affected by this rule. When a statute so provides, an 
action against the United States or an instrumentality thereof may 
proceed on in rem principles.
    (2) Complaint. In an action in rem the complaint must:
            (a) be verified;
            (b) describe with reasonable particularity the property that 
        is the subject of the action; and
            (c) state that the property is within the district or will 
        be within the district while the action is pending.
    (3) Judicial Authorization and Process.
            (a) Arrest Warrant.
                    (i) The court must review the complaint and any 
                supporting papers. If the conditions for an in rem 
                action appear to exist, the court must issue an order 
                directing the clerk to issue a warrant for the arrest of 
                the vessel or other property that is the subject of the 
                action.
                    (ii) If the plaintiff or the plaintiff's attorney 
                certifies that exigent circumstances make court review 
                impracticable, the clerk must promptly issue a summons 
                and a warrant for the arrest of the vessel or other 
                property that is the subject of the action. The 
                plaintiff has the burden in any post-arrest hearing 
                under Rule E(4)(f) to show that exigent circumstances 
                existed.
            (b) Service.
                    (i) If the property that is the subject of the 
                action is a vessel or tangible property on board a 
                vessel, the warrant and any supplemental process must be 
                delivered to the marshal for service.
                    (ii) If the property that is the subject of the 
                action is other property, tangible or intangible, the 
                warrant and any supplemental process must be delivered 
                to a person or organization authorized to enforce it, 
                who may be: (A) a marshal; (B) someone under contract 
                with the United States; (C) someone specially appointed 
                by the court for that purpose; or, (D) in an action 
                brought by the United States, any officer or employee of 
                the United States.
            (c) Deposit in Court. If the property that is the subject of 
        the action consists in whole or in part of freight, the proceeds 
        of property sold, or other intangible property, the clerk must 
        issue--in addition to the warrant--a summons directing any 
        person controlling the property to show cause why it should not 
        be deposited in court to abide the judgment.
            (d) Supplemental Process. The clerk may upon application 
        issue supplemental process to enforce the court's order without 
        further court order.
    (4) Notice. No notice other than execution of process is required 
when the property that is the subject of the action has been released 
under Rule E(5). If the property is not released within 10 days after 
execution, the plaintiff must promptly--or within the time that the 
court allows--give public notice of the action and arrest in a newspaper 
designated by court order and having general circulation in the 
district, but publication may be terminated if the property is released 
before publication is completed. The notice must specify the time under 
Rule C(6) to file a statement of interest in or right against the seized 
property and to answer. This rule does not affect the notice 
requirements in an action to foreclose a preferred ship mortgage under 
46 U.S.C. Sec. Sec. 31301 et seq., as amended.
    (5) Ancillary Process. In any action in rem in which process has 
been served as provided by this rule, if any part of the property that 
is the subject of the action has not been brought within the control of 
the court because it has been removed or sold, or because it is 
intangible property in the hands of a person who has not been served 
with process, the court may, on motion, order any person having 
possession or control of such property or its proceeds to show cause why 
it should not be delivered into the custody of the marshal or other 
person or organization having a warrant for the arrest of the property, 
or paid into court to abide the judgment; and, after hearing, the court 
may enter such judgment as law and justice may require.
    (6) Responsive Pleading; Interrogatories.
            (a) Statement of Interest; Answer. In an action in rem:
                    (i) a person who asserts a right of possession or 
                any ownership interest in the property that is the 
                subject of the action must file a verified statement of 
                right or interest:
                            (A) within 10 days after the execution of 
                        process, or
                            (B) within the time that the court allows;
                    (ii) the statement of right or interest must 
                describe the interest in the property that supports the 
                person's demand for its restitution or right to defend 
                the action;
                    (iii) an agent, bailee, or attorney must state the 
                authority to file a statement of right or interest on 
                behalf of another; and
                    (iv) a person who asserts a right of possession or 
                any ownership interest must serve an answer within 20 
                days after filing the statement of interest or right.
            (b) Interrogatories. Interrogatories may be served with the 
        complaint in an in rem action without leave of court. Answers to 
        the interrogatories must be served with the answer to the 
        complaint.
(As added Feb. 28, 1966; eff. July 1, 1966; amended Apr. 29, 1985, eff. 
Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 
1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 
2002; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 
2006; Apr. 23, 2008, eff. Dec. 1, 2008.)
Rule D
. Possessory, Petitory, and Partition Actions_____________________
    In all actions for possession, partition, and to try title 
maintainable according to the course of the admiralty practice with 
respect to a vessel, in all actions so maintainable with respect to the 
possession of cargo or other maritime property, and in all actions by 
one or more part owners against the others to obtain security for the 
return of the vessel from any voyage undertaken without their consent, 
or by one or more part owners against the others to obtain possession of 
the vessel for any voyage on giving security for its safe return, the 
process shall be by a warrant of arrest of the vessel, cargo, or other 
property, and by notice in the manner provided by Rule B(2) to the 
adverse party or parties.
(As added Feb. 28, 1966, eff. July 1, 1966.)
Rule E
. Actions in Rem and Quasi in Rem: General Provisions_____________
    (1) Applicability. Except as otherwise provided, this rule applies 
to actions in personam with process of maritime attachment and 
garnishment, actions in rem, and petitory, possessory, and partition 
actions, supplementing Rules B, C, and D.
    (2) Complaint; Security.
            (a) Complaint. In actions to which this rule is applicable 
        the complaint shall state the circumstances from which the claim 
        arises with such particularity that the defendant or claimant 
        will be able, without moving for a more definite statement, to 
        commence an investigation of the facts and to frame a responsive 
        pleading.
            (b) Security for Costs. Subject to the provisions of Rule 
        54(d) and of relevant statutes, the court may, on the filing of 
        the complaint or on the appearance of any defendant, claimant, 
        or any other party, or at any later time, require the plaintiff, 
        defendant, claimant, or other party to give security, or 
        additional security, in such sum as the court shall direct to 
        pay all costs and expenses that shall be awarded against the 
        party by any interlocutory order or by the final judgment, or on 
        appeal by any appellate court.
    (3) Process.
            (a) In admiralty and maritime proceedings process in rem or 
        of maritime attachment and garnishment may be served only within 
        the district.
            (b) Issuance and Delivery. Issuance and delivery of process 
        in rem, or of maritime attachment and garnishment, shall be held 
        in abeyance if the plaintiff so requests.
    (4) Execution of Process; Marshal's Return; Custody of Property; 
Procedures for Release.
            (a) In General. Upon issuance and delivery of the process, 
        or, in the case of summons with process of attachment and 
        garnishment, when it appears that the defendant cannot be found 
        within the district, the marshal or other person or organization 
        having a warrant shall forthwith execute the process in 
        accordance with this subdivision (4), making due and prompt 
        return.
            (b) Tangible Property. If tangible property is to be 
        attached or arrested, the marshal or other person or 
        organization having the warrant shall take it into the marshal's 
        possession for safe custody. If the character or situation of 
        the property is such that the taking of actual possession is 
        impracticable, the marshal or other person executing the process 
        shall affix a copy thereof to the property in a conspicuous 
        place and leave a copy of the complaint and process with the 
        person having possession or the person's agent. In furtherance 
        of the marshal's custody of any vessel the marshal is authorized 
        to make a written request to the collector of customs not to 
        grant clearance to such vessel until notified by the marshal or 
        deputy marshal or by the clerk that the vessel has been released 
        in accordance with these rules.
            (c) Intangible Property. If intangible property is to be 
        attached or arrested the marshal or other person or organization 
        having the warrant shall execute the process by leaving with the 
        garnishee or other obligor a copy of the complaint and process 
        requiring the garnishee or other obligor to answer as provided 
        in Rules B(3)(a) and C(6); or the marshal may accept for payment 
        into the registry of the court the amount owed to the extent of 
        the amount claimed by the plaintiff with interest and costs, in 
        which event the garnishee or other obligor shall not be required 
        to answer unless alias process shall be served.
            (d) Directions With Respect to Property in Custody. The 
        marshal or other person or organization having the warrant may 
        at any time apply to the court for directions with respect to 
        property that has been attached or arrested, and shall give 
        notice of such application to any or all of the parties as the 
        court may direct.
            (e) Expenses of Seizing and Keeping Property; Deposit. These 
        rules do not alter the provisions of Title 28, U.S.C., 
        Sec. 1921, as amended, relative to the expenses of seizing and 
        keeping property attached or arrested and to the requirement of 
        deposits to cover such expenses.
            (f) Procedure for Release From Arrest or Attachment. 
        Whenever property is arrested or attached, any person claiming 
        an interest in it shall be entitled to a prompt hearing at which 
        the plaintiff shall be required to show why the arrest or 
        attachment should not be vacated or other relief granted 
        consistent with these rules. This subdivision shall have no 
        application to suits for seamen's wages when process is issued 
        upon a certification of sufficient cause filed pursuant to Title 
        46, U.S.C. Sec. Sec. 603 and 604 \2\ or to actions by the United 
        States for forfeitures for violation of any statute of the 
        United States.
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    \2\ Repealed by Pub. L. 98-89, Sec. 4(b), Aug. 26, 1983, 97 Stat. 
600, section 1 of which enacted Title 46, Shipping.
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    (5) Release of Property.
            (a) Special Bond. Whenever process of maritime attachment 
        and garnishment or process in rem is issued the execution of 
        such process shall be stayed, or the property released, on the 
        giving of security, to be approved by the court or clerk, or by 
        stipulation of the parties, conditioned to answer the judgment 
        of the court or of any appellate court. The parties may 
        stipulate the amount and nature of such security. In the event 
        of the inability or refusal of the parties so to stipulate the 
        court shall fix the principal sum of the bond or stipulation at 
        an amount sufficient to cover the amount of the plaintiff's 
        claim fairly stated with accrued interest and costs; but the 
        principal sum shall in no event exceed (i) twice the amount of 
        the plaintiff's claim or (ii) the value of the property on due 
        appraisement, whichever is smaller. The bond or stipulation 
        shall be conditioned for the payment of the principal sum and 
        interest thereon at 6 per cent per annum.
            (b) General Bond. The owner of any vessel may file a general 
        bond or stipulation, with sufficient surety, to be approved by 
        the court, conditioned to answer the judgment of such court in 
        all or any actions that may be brought thereafter in such court 
        in which the vessel is attached or arrested. Thereupon the 
        execution of all such process against such vessel shall be 
        stayed so long as the amount secured by such bond or stipulation 
        is at least double the aggregate amount claimed by plaintiffs in 
        all actions begun and pending in which such vessel has been 
        attached or arrested. Judgments and remedies may be had on such 
        bond or stipulation as if a special bond or stipulation had been 
        filed in each of such actions. The district court may make 
        necessary orders to carry this rule into effect, particularly as 
        to the giving of proper notice of any action against or 
        attachment of a vessel for which a general bond has been filed. 
        Such bond or stipulation shall be indorsed by the clerk with a 
        minute of the actions wherein process is so stayed. Further 
        security may be required by the court at any time.
            If a special bond or stipulation is given in a particular 
        case, the liability on the general bond or stipulation shall 
        cease as to that case.
            (c) Release by Consent or Stipulation; Order of Court or 
        Clerk; Costs. Any vessel, cargo, or other property in the 
        custody of the marshal or other person or organization having 
        the warrant may be released forthwith upon the marshal's 
        acceptance and approval of a stipulation, bond, or other 
        security, signed by the party on whose behalf the property is 
        detained or the party's attorney and expressly authorizing such 
        release, if all costs and charges of the court and its officers 
        shall have first been paid. Otherwise no property in the custody 
        of the marshal, other person or organization having the warrant, 
        or other officer of the court shall be released without 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, or upon the dismissal or discontinuance of the 
        action; but the marshal or other person or organization having 
        the warrant shall not deliver any property so released until the 
        costs and charges of the officers of the court shall first have 
        been paid.
            (d) Possessory, Petitory, and Partition Actions. The 
        foregoing provisions of this subdivision (5) do not apply to 
        petitory, possessory, and partition actions. In such cases the 
        property arrested shall be released only by order of the court, 
        on such terms and conditions and on the giving of such security 
        as the court may require.
    (6) Reduction or Impairment of Security. Whenever security is taken 
the court may, on motion and hearing, for good cause shown, reduce the 
amount of security given; and if the surety shall be or become 
insufficient, new or additional sureties may be required on motion and 
hearing.
    (7) Security on Counterclaim.
            (a) When a person who has given security for damages in the 
        original action asserts a counterclaim that arises from the 
        transaction or occurrence that is the subject of the original 
        action, a plaintiff for whose benefit the security has been 
        given must give security for damages demanded in the 
        counterclaim unless the court, for cause shown, directs 
        otherwise. Proceedings on the original claim must be stayed 
        until this security is given, unless the court directs 
        otherwise.
            (b) The plaintiff is required to give security under Rule 
        E(7)(a) when the United States or its corporate instrumentality 
        counterclaims and would have been required to give security to 
        respond in damages if a private party but is relieved by law 
        from giving security.
    (8) Restricted Appearance. An appearance to defend against an 
admiralty and maritime claim with respect to which there has issued 
process in rem, or process of attachment and garnishment, may be 
expressly restricted to the defense of such claim, and in that event is 
not an appearance for the purposes of any other claim with respect to 
which such process is not available or has not been served.
    (9) Disposition of Property; Sales.
            (a) Interlocutory Sales; Delivery.
                    (i) On application of a party, the marshal, or other 
                person having custody of the property, the court may 
                order all or part of the property sold--with the sales 
                proceeds, or as much of them as will satisfy the 
                judgment, paid into court to await further orders of the 
                court--if:
                            (A) the attached or arrested property is 
                        perishable, or liable to deterioration, decay, 
                        or injury by being detained in custody pending 
                        the action;
                            (B) the expense of keeping the property is 
                        excessive or disproportionate; or
                            (C) there is an unreasonable delay in 
                        securing release of the property.
                    (ii) In the circumstances described in Rule 
                E(9)(a)(i), the court, on motion by a defendant or a 
                person filing a statement of interest or right under 
                Rule C(6), may order that the property, rather than 
                being sold, be delivered to the movant upon giving 
                security under these rules.
            (b) Sales, Proceeds. All sales of property shall be made by 
        the marshal or a deputy marshal, or by other person or 
        organization having the warrant, or by any other person assigned 
        by the court where the marshal or other person or organization 
        having the warrant is a party in interest; and the proceeds of 
        sale shall be forthwith paid into the registry of the court to 
        be disposed of according to law.
    (10) Preservation of Property. When the owner or another person 
remains in possession of property attached or arrested under the 
provisions of Rule E(4)(b) that permit execution of process without 
taking actual possession, the court, on a party's motion or on its own, 
may enter any order necessary to preserve the property and to prevent 
its removal.
(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 29, 1985, eff. 
Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 
1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 
2006.)
Rule F
. Limitation of Liability_________________________________________
    (1) Time for Filing Complaint; Security. Not later than six months 
after receipt of a claim in writing, any vessel owner may file a 
complaint in the appropriate district court, as provided in subdivision 
(9) of this rule, for limitation of liability pursuant to statute. The 
owner (a) shall deposit with the court, for the benefit of claimants, a 
sum equal to the amount or value of the owner's interest in the vessel 
and pending freight, or approved security therefor, and in addition such 
sums, or approved security therefor, as the court may from time to time 
fix as necessary to carry out the provisions of the statutes as amended; 
or (b) at the owner's option shall transfer to a trustee to be appointed 
by the court, for the benefit of claimants, the owner's interest in the 
vessel and pending freight, together with such sums, or approved 
security therefor, as the court may from time to time fix as necessary 
to carry out the provisions of the statutes as amended. The plaintiff 
shall also give security for costs and, if the plaintiff elects to give 
security, for interest at the rate of 6 percent per annum from the date 
of the security.
    (2) Complaint. The complaint shall set forth the facts on the basis 
of which the right to limit liability is asserted and all facts 
necessary to enable the court to determine the amount to which the 
owner's liability shall be limited. The complaint may demand exoneration 
from as well as limitation of liability. It shall state the voyage if 
any, on which the demands sought to be limited arose, with the date and 
place of its termination; the amount of all demands including all 
unsatisfied liens or claims of lien, in contract or in tort or 
otherwise, arising on that voyage, so far as known to the plaintiff, and 
what actions and proceedings, if any, are pending thereon; whether the 
vessel was damaged, lost, or abandoned, and, if so, when and where; the 
value of the vessel at the close of the voyage or, in case of wreck, the 
value of her wreckage, strippings, or proceeds, if any, and where and in 
whose possession they are; and the amount of any pending freight 
recovered or recoverable. If the plaintiff elects to transfer the 
plaintiff's interest in the vessel to a trustee, the complaint must 
further show any prior paramount liens thereon, and what voyages or 
trips, if any, she has made since the voyage or trip on which the claims 
sought to be limited arose, and any existing liens arising upon any such 
subsequent voyage or trip, with the amounts and causes thereof, and the 
names and addresses of the lienors, so far as known; and whether the 
vessel sustained any injury upon or by reason of such subsequent voyage 
or trip.
    (3) Claims Against Owner; Injunction. Upon compliance by the owner 
with the requirements of subdivision (1) of this rule all claims and 
proceedings against the owner or the owner's property with respect to 
the matter in question shall cease. On application of the plaintiff the 
court shall enjoin the further prosecution of any action or proceeding 
against the plaintiff or the plaintiff's property with respect to any 
claim subject to limitation in the action.
    (4) Notice to Claimants. Upon the owner's compliance with 
subdivision (1) of this rule the court shall issue a notice to all 
persons asserting claims with respect to which the complaint seeks 
limitation, admonishing them to file their respective claims with the 
clerk of the court and to serve on the attorneys for the plaintiff a 
copy thereof on or before a date to be named in the notice. The date so 
fixed shall not be less than 30 days after issuance of the notice. For 
cause shown, the court may enlarge the time within which claims may be 
filed. The notice shall be published in such newspaper or newspapers as 
the court may direct once a week for four successive weeks prior to the 
date fixed for the filing of claims. The plaintiff not later than the 
day of second publication shall also mail a copy of the notice to every 
person known to have made any claim against the vessel or the plaintiff 
arising out of the voyage or trip on which the claims sought to be 
limited arose. In cases involving death a copy of such notice shall be 
mailed to the decedent at the decedent's last known address, and also to 
any person who shall be known to have made any claim on account of such 
death.
    (5) Claims and Answer. Claims shall be filed and served on or before 
the date specified in the notice provided for in subdivision (4) of this 
rule. Each claim shall specify the facts upon which the claimant relies 
in support of the claim, the items thereof, and the dates on which the 
same accrued. If a claimant desires to contest either the right to 
exoneration from or the right to limitation of liability the claimant 
shall file and serve an answer to the complaint unless the claim has 
included an answer.
    (6) Information To Be Given Claimants. Within 30 days after the date 
specified in the notice for filing claims, or within such time as the 
court thereafter may allow, the plaintiff shall mail to the attorney for 
each claimant (or if the claimant has no attorney to the claimant) a 
list setting forth (a) the name of each claimant, (b) the name and 
address of the claimant's attorney (if the claimant is known to have 
one), (c) the nature of the claim, i.e., whether property loss, property 
damage, death, personal injury etc., and (d) the amount thereof.
    (7) Insufficiency of Fund or Security. Any claimant may by motion 
demand that the funds deposited in court or the security given by the 
plaintiff be increased on the ground that they are less than the value 
of the plaintiff's interest in the vessel and pending freight. Thereupon 
the court shall cause due appraisement to be made of the value of the 
plaintiff's interest in the vessel and pending freight; and if the court 
finds that the deposit or security is either insufficient or excessive 
it shall order its increase or reduction. In like manner any claimant 
may demand that the deposit or security be increased on the ground that 
it is insufficient to carry out the provisions of the statutes relating 
to claims in respect of loss of life or bodily injury; and, after notice 
and hearing, the court may similarly order that the deposit or security 
be increased or reduced.
    (8) Objections to Claims: Distribution of Fund. Any interested party 
may question or controvert any claim without filing an objection 
thereto. Upon determination of liability the fund deposited or secured, 
or the proceeds of the vessel and pending freight, shall be divided pro 
rata, subject to all relevant provisions of law, among the several 
claimants in proportion to the amounts of their respective claims, duly 
proved, saving, however, to all parties any priority to which they may 
be legally entitled.
    (9) Venue; Transfer. The complaint shall be filed in any district in 
which the vessel has been attached or arrested to answer for any claim 
with respect to which the plaintiff seeks to limit liability; or, if the 
vessel has not been attached or arrested, then in any district in which 
the owner has been sued with respect to any such claim. When the vessel 
has not been attached or arrested to answer the matters aforesaid, and 
suit has not been commenced against the owner, the proceedings may be 
had in the district in which the vessel may be, but if the vessel is not 
within any district and no suit has been commenced in any district, then 
the complaint may be filed in any district. For the convenience of 
parties and witnesses, in the interest of justice, the court may 
transfer the action to any district; if venue is wrongly laid the court 
shall dismiss or, if it be in the interest of justice, transfer the 
action to any district in which it could have been brought. If the 
vessel shall have been sold, the proceeds shall represent the vessel for 
the purposes of these rules.
(As added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 2, 1987, eff. 
Aug. 1, 1987.)
Rule G
. Forfeiture Actions In Rem_______________________________________
    (1) Scope. 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.
    (2) Complaint. The complaint must:
            (a) be verified;
            (b) state the grounds for subject-matter jurisdiction, in 
        rem jurisdiction over the defendant property, and venue;
            (c) describe the property with reasonable particularity;
            (d) if the property is tangible, state its location when any 
        seizure occurred and--if different--its location when the action 
        is filed;
            (e) identify the statute under which the forfeiture action 
        is brought; and
            (f) state sufficiently detailed facts to support a 
        reasonable belief that the government will be able to meet its 
        burden of proof at trial.
    (3) Judicial Authorization and Process.
            (a) Real Property. If the defendant is real property, the 
        government must proceed under 18 U.S.C. Sec. 985.
            (b) Other Property; Arrest Warrant. If the defendant is not 
        real property:
                    (i) the clerk must issue a warrant to arrest the 
                property if it is in the government's possession, 
                custody, or control;
                    (ii) the court--on finding probable cause--must 
                issue a warrant to arrest the property if it is not in 
                the government's possession, custody, or control and is 
                not subject to a judicial restraining order; and
                    (iii) a warrant is not necessary if the property is 
                subject to a judicial restraining order.
            (c) Execution of Process.
                    (i) The warrant and any supplemental process must be 
                delivered to a person or organization authorized to 
                execute it, who may be: (A) a marshal or any other 
                United States officer or employee; (B) someone under 
                contact with the United States; or (C) someone specially 
                appointed by the court for that purpose.
                    (ii) The authorized person or organization must 
                execute the warrant and any supplemental process on 
                property in the United States as soon as practicable 
                unless:
                            (A) the property is in the government's 
                        possession, custody, or control; or
                            (B) the court orders a different time when 
                        the complaint is under seal, the action is 
                        stayed before the warrant and supplemental 
                        process are executed, or the court finds other 
                        good cause.
                    (iii) The warrant and any supplemental process may 
                be executed within the district or, when authorized by 
                statute, outside the district.
                    (iv) If executing a warrant on property outside the 
                United States is required, the warrant may be 
                transmitted to an appropriate authority for serving 
                process where the property is located.
    (4) Notice.
            (a) Notice by Publication.
                    (i) When Publication Is Required. A judgment of 
                forfeiture may be entered only if the government has 
                published notice of the action within a reasonable time 
                after filing the complaint or at a time the court 
                orders. But notice need not be published if:
                            (A) the defendant property is worth less 
                        than $1,000 and direct notice is sent under Rule 
                        G(4)(b) to every person the government can 
                        reasonably identify as a potential claimant; or
                            (B) the court finds that the cost of 
                        publication exceeds the property's value and 
                        that other means of notice would satisfy due 
                        process.
                    (ii) Content of the Notice. Unless the court orders 
                otherwise, the notice must:
                            (A) describe the property with reasonable 
                        particularity;
                            (B) state the times under Rule G(5) to file 
                        a claim and to answer; and
                            (C) name the government attorney to be 
                        served with the claim and answer.
                    (iii) Frequency of Publication. Published notice 
                must appear:
                            (A) once a week for three consecutive weeks; 
                        or
                            (B) only once if, before the action was 
                        filed, notice of nonjudicial forfeiture of the 
                        same property was published on an official 
                        internet government forfeiture site for at least 
                        30 consecutive days, or in a newspaper of 
                        general circulation for three consecutive weeks 
                        in a district where publication is authorized 
                        under Rule G(4)(a)(iv).
                    (iv) Means of Publication. The government should 
                select from the following options a means of publication 
                reasonably calculated to notify potential claimants of 
                the action:
                            (A) if the property is in the United States, 
                        publication in a newspaper generally circulated 
                        in the district where the action is filed, where 
                        the property was seized, or where property that 
                        was not seized is located;
                            (B) if the property is outside the United 
                        States, publication in a newspaper generally 
                        circulated in a district where the action is 
                        filed, in a newspaper generally circulated in 
                        the country where the property is located, or in 
                        legal notices published and generally circulated 
                        in the country where the property is located; or
                            (C) instead of (A) or (B), posting a notice 
                        on an official internet government forfeiture 
                        site for at least 30 consecutive days.
            (b) Notice to Known Potential Claimants.
                    (i) Direct Notice Required. The government must send 
                notice of the action and a copy of the complaint to any 
                person who reasonably appears to be a potential claimant 
                on the facts known to the government before the end of 
                the time for filing a claim under Rule G(5)(a)(ii)(B).
                    (ii) Content of the Notice. The notice must state:
                            (A) the date when the notice is sent;
                            (B) a deadline for filing a claim, at least 
                        35 days after the notice is sent;
                            (C) that an answer or a motion under Rule 12 
                        must be filed no later than 20 days after filing 
                        the claim; and
                            (D) the name of the government attorney to 
                        be served with the claim and answer.
                    (iii) Sending Notice.
                            (A) The notice must be sent by means 
                        reasonably calculated to reach the potential 
                        claimant.
                            (B) Notice may be sent to the potential 
                        claimant or to the attorney representing the 
                        potential claimant with respect to the seizure 
                        of the property or in a related investigation, 
                        administrative forfeiture proceeding, or 
                        criminal case.
                            (C) Notice sent to a potential claimant who 
                        is incarcerated must be sent to the place of 
                        incarceration.
                            (D) Notice to a person arrested in 
                        connection with an offense giving rise to the 
                        forfeiture who is not incarcerated when notice 
                        is sent may be sent to the address that person 
                        last gave to the agency that arrested or 
                        released the person.
                            (E) Notice to a person from whom the 
                        property was seized who is not incarcerated when 
                        notice is sent may be sent to the last address 
                        that person gave to the agency that seized the 
                        property.
                    (iv) When Notice Is Sent. Notice by the following 
                means is sent on the date when it is placed in the mail, 
                delivered to a commercial carrier, or sent by electronic 
                mail.
                    (v) Actual Notice. A potential claimant who had 
                actual notice of a forfeiture action may not oppose or 
                seek relief from forfeiture because of the government's 
                failure to send the required notice.
    (5) Responsive Pleadings.
            (a) Filing a Claim.
                    (i) A person who asserts an interest in the 
                defendant property may contest the forfeiture by filing 
                a claim in the court where the action is pending. The 
                claim must:
                            (A) identify the specific property claimed;
                            (B) identify the claimant and state the 
                        claimant's interest in the property;
                            (C) be signed by the claimant under penalty 
                        of perjury; and
                            (D) be served on the government attorney 
                        designated under Rule G(4)(a)(ii)(C) or 
                        (b)(ii)(D).
                    (ii) Unless the court for good cause sets a 
                different time, the claim must be filed:
                            (A) by the time stated in a direct notice 
                        sent under Rule G(4)(b);
                            (B) if notice was published but direct 
                        notice was not sent to the claimant or the 
                        claimant's attorney, no later than 30 days after 
                        final publication of newspaper notice or legal 
                        notice under Rule G(4)(a) or no later than 60 
                        days after the first day of publication on an 
                        official internet government forfeiture site; or
                            (C) if notice was not published and direct 
                        notice was not sent to the claimant or the 
                        claimant's attorney:

(1) if the property was in the government's possession, custody, or control 
when the complaint was filed, no later than 60 days after the filing, not 
counting any time when the complaint was under seal or when the action was 
stayed before execution of a warrant issued under Rule G(3)(b); or

(2) if the property was not in the government's possession, custody, or 
control when the complaint was filed, no later than 60 days after the 
government complied with 18 U.S.C. Sec. 985(c) as to real property, or 60 
days after process was executed on the property under Rule G(3).

                    (iii) A claim filed by a person asserting an 
                interest as a bailee must identify the bailor, and if 
                filed on the bailor's behalf must state the authority to 
                do so.
            (b) Answer. A claimant must serve and file an answer to the 
        complaint or a motion under Rule 12 within 20 days after filing 
        the claim. A claimant waives an objection to in rem jurisdiction 
        or to venue if the objection is not made by motion or stated in 
        the answer.
    (6) Special Interrogatories.
            (a) Time and Scope. The government may serve special 
        interrogatories limited to the claimant's identity and 
        relationship to the defendant property without the court's leave 
        at any time after the claim is filed and before discovery is 
        closed. But if the claimant serves a motion to dismiss the 
        action, the government must serve the interrogatories within 20 
        days after the motion is served.
            (b) Answers or Objections. Answers or objections to these 
        interrogatories must be served within 20 days after the 
        interrogatories are served.
            (c) Government's Response Deferred. The government need not 
        respond to a claimant's motion to dismiss the action under Rule 
        G(8)(b) until 20 days after the claimant has answered these 
        interrogatories.
    (7) Preserving, Preventing Criminal Use, and Disposing of Property; 
Sales.
            (a) Preserving and Preventing Criminal Use of Property. When 
        the government does not have actual possession of the defendant 
        property the court, on motion or on its own, may enter any order 
        necessary to preserve the property, to prevent its removal or 
        encumbrance, or to prevent its use in a criminal offense.
            (b) Interlocutory Sale or Delivery.
                    (i) Order to Sell. On motion by a party or a person 
                having custody of the property, the court may order all 
                or part of the property sold if:
                            (A) the property is perishable or at risk of 
                        deterioration, decay, or injury by being 
                        detained in custody pending the action;
                            (B) the expense of keeping the property is 
                        excessive or is disproportionate to its fair 
                        market value;
                            (C) the property is subject to a mortgage or 
                        to taxes on which the owner is in default; or
                            (D) the court finds other good cause.
                    (ii) Who Makes the Sale. A sale must be made by a 
                United States agency that has authority to sell the 
                property, by the agency's contractor, or by any person 
                the court designates.
                    (iii) Sale Procedures. The sale is governed by 28 
                U.S.C. Sec. Sec. 2001, 2002, and 2004, unless all 
                parties, with the court's approval, agree to the sale, 
                aspects of the sale, or different procedures.
                    (iv) Sale Proceeds. Sale proceeds are a substitute 
                res subject to forfeiture in place of the property that 
                was sold. The proceeds must be held in an interest-
                bearing account maintained by the United States pending 
                the conclusion of the forfeiture action.
                    (v) Delivery on a Claimant's Motion. The court may 
                order that the property be delivered to the claimant 
                pending the conclusion of the action if the claimant 
                shows circumstances that would permit sale under Rule 
                G(7)(b)(i) and gives security under these rules.
            (c) Disposing of Forfeited Property. Upon entry of a 
        forfeiture judgment, the property or proceeds from selling the 
        property must be disposed of as provided by law.
    (8) Motions.
            (a) Motion To Suppress Use of the Property as Evidence. If 
        the defendant property was seized, a party with standing to 
        contest the lawfulness of the seizure may move to suppress use 
        of the property as evidence. Suppression does not affect 
        forfeiture of the property based on independently derived 
        evidence.
            (b) Motion To Dismiss the Action.
                    (i) A claimant who establishes standing to contest 
                forfeiture may move to dismiss the action under Rule 
                12(b).
                    (ii) In an action governed by 18 U.S.C. 
                Sec. 983(a)(3)(D) the complaint may not be dismissed on 
                the ground that the government did not have adequate 
                evidence at the time the complaint was filed to 
                establish the forfeitability of the property. The 
                sufficiency of the complaint is governed by Rule G(2).
            (c) Motion To Strike a Claim or Answer.
                    (i) At any time before trial, the government may 
                move to strike a claim or answer:
                            (A) for failing to comply with Rule G(5) or 
                        (6), or
                            (B) because the claimant lacks standing.
                    (ii) The motion:
                            (A) must be decided before any motion by the 
                        claimant to dismiss the action; and
                            (B) may be presented as a motion for 
                        judgment on the pleadings or as a motion to 
                        determine after a hearing or by summary judgment 
                        whether the claimant can carry the burden of 
                        establishing standing by a preponderance of the 
                        evidence.
            (d) Petition To Release Property.
                    (i) If a United States agency or an agency's 
                contractor holds property for judicial or nonjudicial 
                forfeiture under a statute governed by 18 U.S.C. 
                Sec. 983(f), a person who has filed a claim to the 
                property may petition for its release under Sec. 983(f).
                    (ii) If a petition for release is filed before a 
                judicial forfeiture action is filed against the 
                property, the petition may be filed either in the 
                district where the property was seized or in the 
                district where a warrant to seize the property issued. 
                If a judicial forfeiture action against the property is 
                later filed in another district--or if the government 
                shows that the action will be filed in another 
                district--the petition may be transferred to that 
                district under 28 U.S.C. Sec. 1404.
            (e) Excessive Fines. A claimant may seek to mitigate a 
        forfeiture under the Excessive Fines Clause of the Eighth 
        Amendment by motion for summary judgment or by motion made after 
        entry of a forfeiture judgment if:
                    (i) the claimant has pleaded the defense under Rule 
                8; and
                    (ii) the parties have had the opportunity to conduct 
                civil discovery on the defense.
    (9) Trial. Trial is to the court unless any party demands trial by 
jury under Rule 38.
(As added Apr. 12, 2006, eff. Dec. 1, 2006.)

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