Federal Rules of Civil Procedure

Federal Rules of Civil Procedure (FRCP) govern the conduct of all civil actions brought in Federal District Courts. While they do not apply to suits in state courts, the rules of civil procedure for many states have been closely modeled on these rules of civil procedure. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then approved by the United States Congress. The Court's modifications to the rules are usually based on recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of procedure. States make their own rules that apply in their own courts, but most states have adopted rules that are based on the Federal Rules of Civil Procedure.

These are the Federal Rules of Civil Procedure as of 2006, incorporating the revisions that took effect December 1, 2006.

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. Summons
Rule 4.1. Service of Other Process
Rule 5. Service and Filing of Pleadings and Other Papers
Rule 5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention
Rule 6. Time

III. PLEADINGS AND MOTIONS

Rule 7. Pleadings Allowed; Form of Motions
Rule 7.1. Disclosure Statement
Rule 8. General Rules of Pleading
Rule 9. Pleading Special Matters
Rule 10. Form of Pleadings
Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings
Rule 13. Counterclaim and Cross-Claim
Rule 14. Third-Party Practice
Rule 15. Amended and Supplemental Pleadings
Rule 16. Pretrial Conferences; Scheduling; Management

IV. PARTIES

Rule 17. Parties Plaintiff and Defendant; Capacity
Rule 18. Joinder of Claims and Remedies
Rule 19. Joinder of Persons Needed for Just Adjudication
Rule 20. Permissive Joinder of Parties
Rule 21. Misjoinder and Non-Joinder of Parties
Rule 22. Interpleader
Rule 23. Class Actions
Rule 23.1. Derivative Actions by Shareholders
Rule 23.2. Actions Relating to Unincorporated Associations
Rule 24. Intervention
Rule 25. Substitution of Parties

V. DEPOSITIONS AND DISCOVERY

Rule 26. General Provisions Governing Discovery; Duty of Disclosure
Rule 27. Depositions Before Action or Pending Appeal
Rule 28. Persons Before Whom Depositions May Be Taken
Rule 29. Stipulations Regarding Discovery Procedure
Rule 30. Deposition Upon Oral Examination
Rule 31. Depositions Upon Written Questions
Rule 32. Use of Depositions in Court Proceedings
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 35. Physical and Mental Examination of Persons
Rule 36. Requests for Admission
Rule 37. Failure to Make or Cooperate in Discovery; Sanctions

VI. TRIALS

Rule 38. Jury Trial of Right
Rule 39. Trial by Jury or by the Court
Rule 40. Assignment of Cases for Trial
Rule 41. Dismissal of Actions
Rule 42. Consolidation; Separate Trials
Rule 43. Taking of Testimony
Rule 44. Proof of Official Record
Rule 44.1. Determination of Foreign Law
Rule 45. Subpoena
Rule 46. Exceptions Unnecessary
Rule 47. Selection of Jurors
Rule 48. Number of Jurors--Participation in Verdict
Rule 49. Special Verdicts and Interrogatories
Rule 50. Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings
Rule 51. Instructions to Jury; Objection
Rule 52. Findings by the Court; Judgment on Partial Findings
Rule 53. Masters

VII. JUDGMENT

Rule 54. Judgments; Costs
Rule 55. Default
Rule 56. Summary Judgment
Rule 57. Declaratory Judgments
Rule 58. Entry of Judgment
Rule 59. New Trials; Amendment of Judgments
Rule 60. Relief from Judgment or Order
Rule 61. Harmless Error
Rule 62. Stay of Proceedings to Enforce a Judgment
Rule 63. Inability of a Judge to Proceed

VIII. PROVISIONAL AND FINAL REMEDIES

Rule 64. Seizure of Person or Property
Rule 65. Injunctions
Rule 65.1 Security: Proceedings Against Sureties
Rule 66. Receivers Appointed by Federal Courts
Rule 67. Deposit in Court
Rule 68. Offer of Judgment
Rule 69. Execution
Rule 70. Judgment for Specific Acts; Vesting Title
Rule 71. Process in Behalf of and Against Persons Not Parties

IX. SPECIAL PROCEEDINGS

Rule 71A. Condemnation of Property
Rule 72. Magistrate Judges; Pretrial Orders
Rule 73. Magistrate Judges; Trial by Consent and Appeal Options
Rule 74. [Abrogated]
Rule 75. [Abrogated]
Rule 76. [Abrogated]

X. DISTRICT COURTS AND CLERKS

Rule 77. District Courts and Clerks
Rule 78. Motion Day
Rule 79. Books and Records Kept by the Clerk and Entries Therein
Rule 80. Stenographer; Stenographic Report or Transcript as Evidence

XI. GENERAL PROVISIONS

Rule 81. Applicability in General
Rule 82. Jurisdiction and Venue Unaffected
Rule 83. Rules by District Courts; Judge's Directives
Rule 84. Forms
Rule 85. Title
Rule 86. Effective Date

XII. APPENDIX OF FORMS

XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS

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

FederalRulesOfCivilProcedure.info is a site where you can find the Federal Rules of Civil Procedure as of 2006, incorporating all changes made to the Federal Rules of Civil Procedure on December 1, 2006.

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