28a U.S. Code Federal -

(As amended to January 15, 2013)  
Historical Note

The original Rules of Civil Procedure for the District Courts were adopted by order of the Supreme Court on Dec. 20, 1937, transmitted to Congress by the Attorney General on Jan. 3, 1938, and became effective on Sept. 16, 1938.
The Rules have been 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; Apr. 17, 1961, eff. July 19, 1961; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 30, 1970, eff. July 1, 1970; Mar. 1, 1971, eff. July 1, 1971; Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Oct. 21, 1980, Pub. L. 96–481, title II, § 205(a), (b), 94 Stat. 2330; Jan. 12, 1983, Pub. L. 97–462, §§ 2–4, 96 Stat. 2527–2530, eff. Feb. 26, 1983; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Nov. 18, 1988, Pub. L. 100–690, title VII, §§ 7047(b), 7049, 7050, 102 Stat. 4401; Apr. 30, 1991, eff. Dec. 1, 1991; Dec. 9, 1991, Pub. L. 102–198, § 11, 105 Stat. 1626; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010.
TITLE I. SCOPE OF RULES; FORM OF ACTION Rule 1. Scope and Purpose. 2. One Form of Action. TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS 3. Commencing an Action. 4. Summons. 4.1. Serving Other Process. 5. Serving and Filing Pleadings and Other Papers. 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention. 5.2. Privacy Protection For Filings Made with the Court. 6. Computing and Extending Time; Time for Motion Papers. TITLE III. PLEADINGS AND MOTIONS 7. Pleadings Allowed; Form of Motions and Other Papers. 7.1. Disclosure Statement. 8. General Rules of Pleading. 9. Pleading Special Matters. 10. Form of Pleadings. 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions. 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing. 13. Counterclaim and Crossclaim. 14. Third-Party Practice. 15. Amended and Supplemental Pleadings. 16. Pretrial Conferences; Scheduling; Management. TITLE IV. PARTIES 17. Plaintiff and Defendant; Capacity; Public Officers. 18. Joinder of Claims. 19. Required Joinder of Parties. 20. Permissive Joinder of Parties. 21. Misjoinder and Nonjoinder of Parties. 22. Interpleader. 23. Class Actions. 23.1. Derivative Actions. 23.2. Actions Relating to Unincorporated Associations. 24. Intervention. 25. Substitution of Parties. TITLE V. DISCLOSURES AND DISCOVERY 26. Duty to Disclose; General Provisions Governing Discovery. 27. Depositions to Perpetuate Testimony. 28. Persons Before Whom Depositions May Be Taken. 29. Stipulations About Discovery Procedure. 30. Depositions by Oral Examination. 31. Depositions by Written Questions. 32. Using Depositions in Court Proceedings. 33. Interrogatories to Parties. 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes. 35. Physical and Mental Examinations. 36. Requests for Admission. 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions. TITLE VI. TRIALS 38. Right to a Jury Trial; Demand. 39. Trial by Jury or by the Court. 40. Scheduling Cases for Trial. 41. Dismissal of Actions. 42. Consolidation; Separate Trials. 43. Taking Testimony. 44. Proving an Official Record. 44.1. Determining Foreign Law. 45. Subpoena. 46. Objecting to a Ruling or Order. 47. Selecting Jurors. 48. Number of Jurors; Verdict; Polling. 49. Special Verdict; General Verdict and Questions. 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling. 51. Instructions to the Jury; Objections; Preserving a Claim of Error. 52. Findings and Conclusions by the Court; Judgment on Partial Findings. 53. Masters. TITLE VII. JUDGMENT 54. Judgment; Costs. 55. Default; Default Judgment. 56. Summary Judgment. 57. Declaratory Judgment. 58. Entering Judgment. 59. New Trial; Altering or Amending a Judgment. 60. Relief from a Judgment or Order. 61. Harmless Error. 62. Stay of Proceedings to Enforce a Judgment. 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal. 63. Judge’s Inability to Proceed. TITLE VIII. PROVISIONAL AND FINAL REMEDIES 64. Seizing a Person or Property. 65. Injunctions and Restraining Orders. 65.1. Proceedings Against a Surety. 66. Receivers. 67. Deposit into Court. 68. Offer of Judgment. 69. Execution. 70. Enforcing a Judgment for a Specific Act. 71. Enforcing Relief For or Against a Nonparty. TITLE IX. SPECIAL PROCEEDINGS 71.1. Condemning Real or Personal Property. [71A. Renumbered.] 72. Magistrate Judges: Pretrial Order. 73. Magistrate Judges: Trial by Consent; Appeal. 74. [Abrogated.] 75. [Abrogated.] 76. [Abrogated.] TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS 77. Conducting Business; Clerk’s Authority; Notice of an Order or Judgment. 78. Hearing Motions; Submission on Briefs. 79. Records Kept by the Clerk. 80. Stenographic Transcript as Evidence. TITLE XI. GENERAL PROVISIONS 81. Applicability of the Rules in General; Removed Actions. 82. Jurisdiction and Venue Unaffected. 83. Rules by District Courts; Judge’s Directives. 84. Forms. 85. Title. 86. Effective Dates. APPENDIX OF FORMS Form  1. Caption.  2. Date, Signature, Address, E-mail Address, and Telephone Number.  3. Summons.  4. Summons on a Third-Party Complaint.  5. Notice of a Lawsuit and Request to Waive Service of a Summons.  6. Waiver of the Service of Summons.  7. Statement of Jurisdiction.  8. Statement of Reasons for Omitting a Party.  9. Statement Noting a Party’s Death. 10. Complaint to Recover a Sum Certain. 11. Complaint for Negligence. 12. Complaint for Negligence When the Plaintiff Does Not Know Who Is Responsible. 13. Complaint for Negligence Under the Federal Employers’ Liability Act. 14. Complaint for Damages Under the Merchant Marine Act. 15. Complaint for the Conversion of Property. 16. Third-Party Complaint. 17. Complaint for Specific Performance of a Contract to Convey Land. 18. Complaint for Patent Infringement. 19. Complaint for Copyright Infringement and Unfair Competition. 20. Complaint for Interpleader and Declaratory Relief. 21. Complaint on a Claim for a Debt and to Set Aside a Fraudulent Conveyance Under Rule 18 (b). 30. Answer Presenting Defenses Under Rule 12 (b). 31. Answer to a Complaint for Money Had and Received with a Counterclaim for Interpleader. 40. Motion to Dismiss Under Rule 12 (b) for Lack of Jurisdiction, Improper Venue, Insufficient Service of Process, or Failure to State a Claim. 41. Motion to Bring in a Third-Party Defendant. 42. Motion to Intervene as a Defendant Under Rule 24. 50. Request to Produce Documents and Tangible Things, or to Enter onto Land Under Rule 34. 51. Request for Admissions Under Rule 36. 52. Report of the Parties’ Planning Meeting. 60. Notice of Condemnation. 61. Complaint for Condemnation. 70. Judgment on a Jury Verdict. 71. Judgment by the Court without a Jury. 80. Notice of a Magistrate Judge’s Availability. 81. Consent to an Assignment to a Magistrate Judge. 82. Order of Assignment to a Magistrate Judge. SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS Rule  A. Scope of Rules.  B. In Personam Actions: Attachment and Garnishment.  C. In Rem Actions: Special Provisions.  D. Possessory, Petitory, and Partition Actions.  E. Actions in Rem and Quasi in Rem: General Provisions.  F. Limitation of Liability.  G. Forfeiture Actions in Rem.
References to Equity Rules

The Federal Rules of Civil Procedure supplant the Equity Rules since in general they cover the field now covered by the Equity Rules and the Conformity Act (former section 724 of this title).
This table shows the Equity Rules to which references are made in the notes to the Federal Rules of Civil Procedure.

 
Equity Rules Federal Rules of Civil Procedure
1 77
2 77
3 79
4 77
5 77
6 78
7 4, 70
8 6, 70
9 70
10 18, 54
11 71
12 3, 4, 5, 12, 55
13 4
14 4
15 4, 45
16 6, 55
17 55
18 7, 8
19 1, 15, 61
20 12
21 11, 12
22 1
23 1, 39
24 11
25 8, 9, 10, 19
26 18, 20, 82
27 23
28 15
29 7, 12, 42, 55
30 8, 13, 82
31 7, 8, 12, 55
32 15
33 7, 12
34 15
35 15
36 11
37 17, 19, 20, 24
38 23
39 19
40 20
41 17
42 19, 20
43 12, 21
44 12, 21
45 25
46 43, 61
47 26
48 43
49 53
50 30, 80
51 30, 53
52 45, 53
53 53
54 26
55 30
56 40
57 40
58 26, 33, 34, 36
59 53
60 53
61 53
611/2 53
62 53
63 53
64 26
65 53
66 53
67 53
68 53
69 59
70 17
701/2 52
71 54
72 60, 61
73 65
74 62
75 75
76 75
77 76
78 43
79 83
80 6
81 86

RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS 1


Footnotes
[1]  Title amended December 29, 1948, effective October 20, 1949.

 

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