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AUTHORITY FOR PROMULGATION OF RULES

Title 28, United States Code

$ 2072. Rules of civil procedure for district courts.

The Supreme Court shall have the power to prescribe, by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure of the district courts of the United States in civil actions.

Such rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Seventh Amendment to the Constitution.

Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May, and until the expiration of ninety days after they have been thus reported.

All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, superseded, or repeal any such rules heretofore prescribed by the Supreme Court. (June 25, 1948, ch. 646, § 1, 62 Stat. 961; May 24, 1949, ch. 139, § 103, 63 Stat. 104: July 18, 1949, ch. 343, § 2, 63 Stat. 446; May 10, 1950, ch. 174, § 2, 64 Stat. 158; July 7, 1958, Pub L. 85–508, § 12(m), 72 Stat. 348.)

HISTORICAL NOTE

By the act of June 19, 1934 (ch. 651, 48 Stat. 1064; subsequently 28 U.S. Code 8 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 the Congress by the Attorney General at the beginning of a regular session and (2) after the close of that session.

By the terms of a 1949 amendment to 28 U.S.C. § 2072, the Chief Justice of the United States, instead of the Attorney General, now reports the rules to the Congress. In 1950, that section was further amended so that amendments to the rules may be reported to Congress not later than May 1 each year and become effective 90 days after being reported.

The original rules, pursuant to the 1934 act, were adopted by order of the Court on December 20, 1937, were transmitted to the Congress by the Attorney General on January 3, 1938, and became effective on September 16, 1938 (308 U.S. 645; Cong. Rec., vol. 83, pt. 1, p. 13; Exec. Comm. 905).

Rule 81(a)(6) was abrogated by order of the Court on December 28, 1939, transmitted to the Congress by the Attorney General on January 3, 1940, becoming effective April 3, 1941 (308 U.S. 642; Cong. Rec., vol. 86, pt. 1, p. 14).

Further amendments were adopted by the Supreme Court by order dated December 27, 1946, were transmitted to the Congress by the Attorney General on January 3, 1947, and became effective March 19, 1948 (329 U.S. 841, Cong. Rec., vol. 93, pt. 1, p. 41; Exec. Comm. 32). 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, were transmitted to the Congress by the Attorney General on January 3, 1949, and became effective on October 20, 1949 (335 U.S. 919; Cong. Rec., vol. 95, pt. 1, p. 94; Exec. Comm. 24). 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 order April 30, 1951, were transmitted to the Congress on May 1, 1951, and became effective on August 1, 1951 (341 U.S. 959; Cong. Rec., vol. 97, pt. 4, p. 4666; Exec. Comm. 414).

Additional amendments were adopted by the Court by order dated April 17, 1961, were reported to the Congress by the Chief Justice on April 18, 1961, and became effective on July 19, 1961 (365 U.S. 891; Cong. Rec., vol. 107, p. 6144; 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 (374 U.S. -), were reported to the Congress by the Chief Justice (Exec. Comm. 267), and became effective on July 1, 1963, by order of the Court dated March 19, 1963 (374 U.S. ; Exec. Comm. 569). 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.

Advisory Committee Notes

The notes of the Advisory Committee appointed by the Supreme Court to assist in preparing the rules and amendments are set out in Title 28, United States Code, following the particular rule to which they relate. In addition, the rules and amendments, together with Advisory Committee notes, are set out in House Document 460, 75th Congress; House Document 46, 80th Congress; House Document 473, 80th Congress; House Document 33, 81st Congress; House Document 121, 82d Congress, and House Document 67, 88th Congress.

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(a) Summons: issuance.

(b) Same: form.

(c) By whom served.

(d) Summons: personal service.

(e) Same: service upon party not inhabitant of or found

within State

(f) Territorial limits of effective service-

(g) Return...

(h) Amendment..

(i) Alternative provisions for service in a foreign country--

Rule 5. Service and Filing of Pleadings and Other Papers:

(a) Service: when required..

(b) Same: how made..

(c) Same: numerous defendants.

(d) Filing---

(e) Filing with the court defined.

Rule 6. Time:

(a) Computation.

(b) Enlargement.-

(c) Unaffected by. expiration of term.

(d) For motions-affidavits.-

(e) Additional time after service by mail.

III. Pleadings and Motions:

Rule 7. Pleadings Allowed; Form of Motions:

(a) Pleadings-

(b) Motions and other papers -

(c) Demurrers, pleas, etc., abolished.

Rule 8. General Rules of Pleading:

(a) Claims for relief.--

(b) Defenses; form of denials.

(c) Affirmative defenses.

(d) Effect of failure to deny--

(e) Pleading to be concise and direct; consistency-

(f) Construction of pleadings-

Rule 9. Pleading Special Matters:

(a) Capacity

(b) Fraud, mistake, condition of the mind.

Conditions precedent.

Official document or act..

(e) Judgment.

(f) Time and place -

(g) Special damage

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