Preface | p. xi |
Federal Rules of Civil Procedure | |
Scope of Rules-one Form of Action | |
Scope and Purpose of Rules | p. 1 |
One Form of Action | p. 1 |
Commencement of Action; Service of Process, Pleadings, Motions, and Orders | |
Commencement of Action | p. 1 |
Summons | p. 1 |
Service of Other Process | p. 6 |
Serving and Filing Pleadings and Other Papers | p. 6 |
Time | p. 7 |
Pleadings and Motions | |
Pleadings Allowed; Form of Motions | p. 8 |
Disclosure Statement | p. 9 |
General Rules of Pleading | p. 9 |
Pleading Special Matters | p. 10 |
Form of Pleadings | p. 11 |
Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions | p. 12 |
Defenses and Objections--When and How Presented--By Pleading or Motion -- Motion for Judgment on the Pleadings | p. 13 |
Counterclaim and Cross-Claim | p. 15 |
Third-Party Practice | p. 16 |
Amended and Supplemental Pleadings | p. 17 |
Pretrial Conferences; Scheduling; Management | p. 19 |
Parties | |
Parties Plaintiff and Defendant; Capacity | p. 21 |
Joinder of Claims and Remedies | p. 22 |
Joinder of Persons Needed for Just Adjudication | p. 22 |
Permissive Joinder of Parties | p. 23 |
Misjoinder and Non-Joinder of Parties | p. 23 |
Interpleader | p. 23 |
Class Actions | p. 24 |
Derivative Actions by Shareholders | p. 27 |
Actions Relating to Unincorporated Associations | p. 27 |
Intervention | p. 28 |
Substitution of Parties | p. 28 |
Depositions and Discovery | |
General Provisions Governing Discovery; Duty of Disclosure | p. 29 |
Depositions before Action or Pending Appeal | p. 35 |
Persons before Whom Depositions May Be Taken | p. 37 |
Stipulations Regarding Discovery Procedure | p. 37 |
Depositions upon Oral Examination | p. 38 |
Depositions upon Written Questions | p. 41 |
Use of Depositions in Court Proceedings | p. 42 |
Interrogatories to Parties | p. 44 |
Production of Documents and Things and Entry upon Land for Inspection and Other Purposes | p. 45 |
Physical and Mental Examination of Persons | p. 45 |
Requests for Admission | p. 46 |
Failure to Make Disclosure or Cooperate in Discovery; Sanctions | p. 47 |
Trials | |
Jury Trial of Right | p. 50 |
Trial by Jury or by the Court | p. 51 |
Assignment of Cases for Trial | p. 51 |
Dismissal of Actions | p. 51 |
Consolidation; Separate Trials | p. 52 |
Taking of Testimony | p. 52 |
Proof of Official Record | p. 53 |
Determination of Foreign Law | p. 54 |
Subpoena | p. 54 |
Exceptions Unnecessary | p. 56 |
Selection of Jurors | p. 57 |
Number of Jurors--Participation In Verdict | p. 57 |
Special Verdicts and Interrogatories | p. 57 |
Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings | p. 58 |
Instructions to Jury: Objection | p. 59 |
Findings by the Court; Judgment on Partial Findings | p. 60 |
Masters | p. 61 |
Judgment | |
Judgments; Costs | p. 63 |
Default | p. 64 |
Summary Judgment | p. 65 |
Declaratory Judgments | p. 66 |
Entry of Judgment | p. 66 |
New Trials; Amendment of Judgments | p. 67 |
Relief from Judgment or Order | p. 68 |
Harmless Error | p. 69 |
Stay of Proceedings to Enforce a Judgment | p. 69 |
Inability of a Judge to Proceed | p. 70 |
Provisional and Final Remedies | |
Seizure of Person or Property | p. 70 |
Injunctions | p. 71 |
Security: Proceedings against Sureties | p. 72 |
Receivers Appointed by Federal Courts | p. 72 |
Deposit in Court | p. 72 |
Offer of Judgment | p. 73 |
Execution | p. 73 |
Judgment for Specific Acts; Vesting Title | p. 73 |
Process in Behalf of and Against Persons not Parties | p. 74 |
Special Proceedings | |
Condemnation of Property | p. 74 |
Magistrate Judges; Pretrial Orders | p. 78 |
Magistrate Judges; Trial by Consent and Appeal Options | p. 79 |
[Abrogated] | p. 79 |
[Abrogated] | p. 79 |
[Abrogated] | p. 79 |
District Courts and Clerks | |
District Courts and Clerks | p. 79 |
Motion Day | p. 80 |
Books and Records Kept by the Clerk and Entries Therein | p. 80 |
Stenographer; Stenographic Report or Transcript as Evidence | p. 81 |
General Provisions | |
Applicability in General | p. 81 |
Jurisdiction and Venue Unaffected | p. 83 |
Rules by District Courts; Judge's Directives | p. 83 |
Forms | p. 84 |
Title | p. 84 |
Effective Date | p. 84 |
Appendix of Forms | p. 85 |
Resources for Study | |
Advisory Committee Notes | |
1938 Advisory Committee | p. 107 |
1948 Advisory Committee | p. 109 |
1963 Advisory Committee | p. 112 |
1966 Advisory Committee | p. 114 |
1970 Advisory Committee | p. 125 |
1971 Advisory Committee | p. 143 |
1980 Advisory Committee | p. 143 |
1983 Advisory Committee | p. 144 |
1985 Advisory Committee | p. 153 |
1987 Advisory Committee | p. 154 |
1991 Advisory Committee | p. 155 |
1993 Advisory Committee | p. 161 |
1995 Advisory Committee | p. 183 |
1996 Advisory Committee | p. 184 |
2000 Advisory Committee | p. 185 |
2001 Advisory Committee | p. 190 |
2002 Advisory Committee | p. 191 |
2003 Advisory Committee | p. 192 |
Restatement (Second) of Judgments | |
Former Adjudication: The Effects of a Judicial Judgment | p. 205 |
General Rules Applicable to Judgments ([section] 13-16) | p. 205 |
Personal Judgments ([section] 17-29) | p. 209 |
Judgments Based on Jurisdiction Over Things or Over Status ([section] 30-32) | p. 250 |
Declaratory Judgments ([section] 33) | p. 258 |
Relief From a Judgment | p. 260 |
Relief Sought by a Party ([section] 65-74) | p. 260 |
Model Rules of Transnational Civil Procedure | |
Jurisdiction, Joinder, and Venue | p. 277 |
Pleading Stage | p. 279 |
General Authority of the Court | p. 284 |
Appellate and Subsequent Proceedings | p. 288 |
United States Constitution | p. 291 |
United States Code | |
Title 9 | p. 303 |
Title 28 | p. 307 |
Title 42 | p. 362 |
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