FOREWORD

This document contains the Rules of Civil Procedure for the United States District Courts, as promulgated and amended by the United States Supreme Court pursuant to acts of Congress (28 U.S. Code, sec. 2072), together with the forms adopted by the Court. It has been prepared by the staff of the law revision counsel of Subcommittee No. 3, of which Representative Edwin E. Willis is chairman, in response to the many requests for an official up-to-date document containing all the rules, as amended.

For the convenience of the user, where a rule has been amended a reference to the citation and effective date of the amendment follows the text of the rule, as amended.

The United States Supreme Court Advisory Committee on Rules of Civil Procedure prepared extensive notes covering various aspects and provisions of the rules. These notes may be found in Title 28, United States Code, following the particular rule to which they relate.

Emanuel Setto

Chairman, Committee on the Judiciary.

AUGUST 1, 1961.

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AUTHORITY FOR PROMULGATION OF RULES

(28 U.S. Code 2072)

§ 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 and the District Court for the Territory of Alaska 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, supersede, 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.)

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