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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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HISTORICAL NOTE By the act of June 19, 1934 (ch. 651, 48 Stat. 1064; subsequently 28 Ử. S. Code $ 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.

The original rules, pursuant to that 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 of 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 were to 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 of 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 were to 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.

By 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.

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).

Advisory Committee Notes The notes of the Advisory Committee appointed by the Supreme Court to assist it 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; and House Document 121, 82d Congress.

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TABLE OF CONTENTS

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I. Scope of Rules-One Form of Action:

Rule 1. Scope of Rules.-

Rule 2. One Form of Action --

II. Commencement of Action; Service of Process, Pleadings, Motions,

and Orders:

Rule 3. Commencement of Action..

Rule 4. Process:

(a) Summons: issuance-

(b) Same: form..

(c) By whom served.-

(d) Summons: personal service-

(e) Same: other service.

(f) Territorial limits of effective service.

(g) Return..

(h) Amendment.-

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.

(c) Conditions precedent.--

(d) Official document or act.

(e) Judgment.--

(f) Time and place...

(g) Special damage.

Rule 10. Form of Pleadings:

(a) Caption; names of parties.

(b) Paragraphs; separate statements

(c) Adoption by reference; exhibits.

Rule 11. Signing of Pleadings.-

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III. Pleadings and Motions—Continued

Rule 12. Defenses and Objections—When and How Pre-

sented-By Pleading or Motion--Motion for Judgment on

Pleadings:

(a) When presented.-

(b) How presented...

(c) Motion for judgment on the pleadings.

(d) Preliminary hearings.

(e) Motion for more definite statement.

(f) Motion to strike....

(g) Consolidation of defenses-

(h) Waiver of defenses.-

Rule 13. Counterclaim and Cross-Claim:

(a) Compulsory counterclaims.

(b) Permissive counterclaims..

(c) Counterclaim exceeding opposing claim

(d) Counterclaim against the United States..

(e) Counterclaim maturing or acquired after pleading-

(f) Omitted counterclaim..

(g) Cross-claim against co-party.

(h) Additional parties may be brought in.

(i) Separate trials; separate judgments.

Rule 14. Third-Party Practice:

(a) When defendant may bring in third party-

(b) When plaintiff may bring in third party

Rule 15. Amended and Supplemental Pleadings:

(a) Amendments.--

(b) Amendments to conform to the evidence..

(c) Relation back of amendments.

(d) Supplemental pleadings-

Rule 16. Pre-Trial Procedure; Formulating Issues.

IV. Parties:

Rule 17. Parties Plaintiff and Defendant; Capacity:

(a) Real party in interest.

(b) Capacity to sue or be sued.

(c) Infants or incompetent persons

Rule 18. Joinder of Claims and Remedies:

(a) Joinder of claim_s...

(b) Joinder of remedies; fraudulent conveyances.

Rule 19. Necessary Joinder of Parties:

(a) Necessary joinder..

(b) Effect of failure to join.---

(c) Same: names of omitted persons and reasons for non-

joinder to be pleaded..

Rule 20. Permissive Joinder of Parties:

(a) Permissive joinder.-

(b) Separate trials.---

Rule 21. Misjoinder and Non-Joinder of Parties.

Rule 22. Interpleader..

Rule 23. Class Actions:

(a) Representation..

(b) Secondary action by shareholders.

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(c) Dismissal or compromise---

Rule 24. Intervention:

(a) Intervention of right-

(b) Permissive intervention..

(c) Procedure.---.

Rule 25. Substitution of Parties:

(a) Death -

(b) Incompetency -

(c) Transfer of interest..

(d) Public officers; death or separation from office.

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V. Depositions and Discovery:

Rule 26. Depositions Pending Action:

(a) When depositions may be taken..

(b) Scope of examination...

Examination and cross-examination..

L'se of depositions.--

Objections to admissibility.

(f) Effect of taking or using depositions.

Rule 27. Depositions Before Action or Pending Appeal:

(a) Before action:

(1) Petition..

(2) Notice and service.

(3) Order and examination.

(4) Use of deposition.

(b) Pending appeal.---

(C) Perpetuation by action

Rule 28. Persons Before Whom Depositions Vay Be Taken:

(a) Within the United States.

(b) In foreign countries..

(c) Disqualification for interest.

Rule 29. Stipulations Regarding the Taking of Depositions.

Rule 30. Depositions Upon Oral Examination:

(a) Notice of examination; time and place -

(b) Orders for the protection of parties and deponents.

(c) Record of examination; oath; objections..

Motion to terminate or limit examination..

Submission to witness; changes; signing---

(f) Certification and filing by officer; copies; notice of filing-

(g) Failure to attend or to serve subpæna; expenses.

Rule 31. Depositions of Witnesses Upon Written Interroga-

tories:

(a) Serving interrogatories; notice...

(b) Officer to take responses and prepare record..

(c) Notice of filing --

(d) Orders for the protection of parties and deponents.

Rule 32. Effect of Errors and Irregularities in Depositions:

(a) As to notice...

(b) As to disqualification of officer..

(c) As to taking of deposition.--.

(d) As to completion and return of deposition..

Rule 33. Interrogatories to Parties

Rule 34. Discovery and Production of Documents and Things

for Inspection, Copying, or Photographing -

Rule 35. Physical and Mental Examination of Persons:

(a) Order for examination...

(b) Report of findings ----

Rule 36. Admission of Facts and of Genuineness of Documents:

(a) Request for admission.

(b) Effect of admission.--

Rule 37. Refusal To Make Discovery: Consequences:

(a) Refusal to answer.

(b) Failure to comply with order:

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(1) Contempt

(2) Other consequences.

(c) Expenses on refusal to admit.

(d) Failure of party to attend or serve answers.

(e) Failure to respond to letters rogatory --

(f) Expenses against United States.

VI. Trials:

Rule 38. Jury Trial of Right:

(a) Right preserved.

(b) Demand..

(c) Same: specification of issues.

(d) Waiver

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