Rules of civil procedure for the United States District Courts, with forms, December 1, 1981

목차 (Table of Contents)

• CONTENTS
• Foreword = Ⅲ
• Authority for promulgation of rules = Ⅳ
• Historical note = Ⅴ
• RULES
• TitleⅠ Scope of Rules - One Form of Action :
• Rule 1 Scope of Rules = 1
• Rule 2 One Form of Action = 1
• TitleⅡ Commencement of Action ; Service of Process, Pleadings, Motions, and Orders :
• Rule 3 Commencement of Action = 1
• Rule 4 Process :
• (a) Summous : issuance = 1
• (b) Same : form = 1
• (c) By whom served = 1
• (d) Summons : personal service = 2
• (e) Same : service upon party not inhabitant of or found within State = 3
• (f) Territorial limits of effective service = 3
• (g) Return = 3
• (h) Amendment = 3
• (i) Alternative provisions for service in a foreign country :
• (1) Manner = 3
• (2) Return = 4
• Rule 5. Service and Filing of Pleadings and Other Papers :
• (a) Service : when required = 4
• (b) Same : how made = 4
• (c) Same : numerous defendants = 5
• (d) Filing = 5
• (e) Filling with the court defined = 5
• Rule 6. Time :
• (a) Computation = 5
• (b) Enlargement = 5
• (c) Unaffected by expiration of term(Rescinded)
• (d) For motions - affidavits = 6
• (e) Additional time after service by mail = 6
• Title Ⅲ Pleadings and Motions :
• Rule 7. Pleadings Allowed ; Form of Motions :
• (a) Pleadings = 6
• (b) Motions and other papers = 6
• (c) Demurrers, pleas, etc., abolished = 6
• Rule 8. General Rules of Pleading :
• (a) Claims for relief = 6
• (b) Defenses ; form of denials = 7
• (c) Affirmative defenses = 7
• (d) Effect of failure to deny = 7
• (e) Pleading to be concise and direct ; consistency = 7
• (f) Construction of pleadings = 7
• Rule 9. Pleading Special Matters :
• (a) Capacity = 7
• (b) Fraud, mistake, condition of the mind = 8
• (c) Conditions precedent = 8
• (d) Official document or act = 8
• (e) Judgment = 8
• (f) Time and place = 8
• (g) Special damage = 8
• (h) Admiralty and maritime claims = 8
• Rule 10. Form of Pleadings :
• (a) Caption ; names of parties = 8
• (b) Paragraphs ; separate statements = 8
• (c) Adoption by reference ; exhibits = 9
• Rule 11. Signing of Pleadings = 9
• Rule 12. Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on Pleadings :
• (a) When presented = 9
• (b) How presented = 9
• (c) Motion for judgment on the pleadings = 10
• (d) Preliminary hearings = 10
• (e) Motion for more definite statement = 10
• (f) Motion to strike = 10
• (g) Consolidation of defenses in motion = 10
• (h) Waiver or preservation of certain defenses = 11
• Rule 13 Counterclaim and Cross-Claim :
• (a) Compulsory counterclaims = 11
• (b) Permissive counterclaims = 11
• (c) Counterclaim exceeding opposing claim = 11
• (d) Counterclaim against the United States = 11
• (e) Counterclaim maturing or acquired after pleading = 11
• (f) Omitted counterclaim = 12
• (g) Cross-claim against co-party = 12
• (h) Joinder of additional parties = 12
• (i) Separate trials ; separate judgments = 12
• Rule 14 Third-Party Practice :
• (a) When defendant may bring in third party = 12
• (b) When plaintiff may bring in third party = 13
• (c) Admiralty and maritime claims = 13
• Rule 15. Amended and Supplemental Pleadings :
• (a) Amendments = 13
• (b) Amendments to conform to the evidence = 13
• (c) Relation back of amendments = 13
• (d) Supplemental pleadings = 14
• Rule 16. Pre-Trial Procedure ; Formulating Issues = 14
• Title Ⅳ. Parties :
• Rule 17. Parties Plaintiff and Defendant ; Capacity :
• (a) Real party in interest = 15
• (b) Capacity to sue or be sued = 15
• (c) Infants or incompetent persons = 15
• Rule 18. Joinder of Claims and Remedies :
• (a) Joinder of claims = 15
• (b) Joinder of remedies ; fraudulent conveyances = 15
• Rule 19. Joinder of Persons Needed for Just Adjudication :
• (a) Persons to be joined if feasible = 16
• (b) Determination by court whenever joinder not feasible = 16
• (c) Pleading reasons for nonjoinder = 16
• (d) Exception of class actions = 16
• Rule 20. Permissive Joinder of Parties :
• (a) Permissive joinder = 16
• (b) Separate trials = 17
• Rule 21 Misjoinder and Non-Joinder of Parties = 17
• Rule 22. Interpleader = 17
• Rule 23. Class Actions :
• (a) Prerequisities to a class action = 17
• (b) Class actions maintainable = 17
• (c) Determination by order whether class action to be maintained ; notice ; judgment ; actions conducted partially as class actions = 18
• (d) Orders in conduct of actions = 19
• (e) Dismissal or compromise = 19
• Rule 23.1. Derivative Actions by Shareholders = 19
• Rule 23.2. Actions Relating to Unincorporated Associations = 19
• Rule 24. Intervention :
• (a) Intervention of right = 20
• (b) Permissive intervention = 20
• (c) Procedure = 20
• Rule 25. Substitution of Parties :
• (a) Death = 20
• (b) Incompetency = 21
• (c) Transfer of interest = 21
• (d) Public officers ; death or separation from office = 21
• Title Ⅴ. Depositions and Discovery :
• Rule 26. General Provisions Governing Discovery :
• (a) Discovery methods = 21
• (b) Scope of discovery = 21
• (1) In general = 21
• (2) Insurance agreements = 22
• (3) Trial preparation : materials = 22
• (4) Trial preparation : experts = 22
• (c) Protective orders = 23
• (d) Sequence and timing of discovery = 23
• (e) Supplementation of responses = 24
• (f) Discovery conference = 24
• Rule 27. Depositions Before Action or Pending Appeal :
• (a) Before action :
• (1) Petition = 25
• (2) Notice and service = 25
• (3) Order and examination = 25
• (4) Use of deposition = 26
• (b) Pending appeal = 26
• (c) Perpetuation by action = 26
• Rule 28. Persons Before Whom Depositions May Be Taken :
• (a) Within the United States = 26
• (b) In foreign countries = 26
• (c) Disqualification for interest = 27
• Rule 29. Stipulations Regarding Discovery Procedure = 27
• Rule 30. Depositions Upon Oral Examination :
• (a) When depositions may be taken = 27
• (b) Notice of examination : General requirements ; special notice ; non-stenographic recording ; production of documents and things ; deposition of organization ; deposition by telephone = 27
• (c) Examination and cross-examination ; record of examination ; oath ; objections = 28
• (d) Motion to terminate or limit examination = 29
• (e) Submission to witness ; changes ; signing = 29
• (f) Certification and filing by officer ; exhibits ; copies ; notice of filing = 29
• (g) Failure to attend or to serve subpoena ; expenses = 30
• Rule 31. Depositions Upon Written Questions :
• (a) Serving questions ; notice = 30
• (b) Officer to take responses and prepare record = 31
• (c) Notice of filing = 31
• Rule 32. Use of Depositions in Court Proceedings :
• (a) Use of depositions = 31
• (b) Objections to admissibility = 32
• (c) Effect of taking or using depositions(Abrogated).
• (d) Effect of errors and irregularities in depositions :
• (1) As to notice = 32
• (2) As to disqualification of officer = 32
• (3) As to Taking of deposition = 32
• (4) As to completion and return of deposition = 33
• Rule 33. Interrogatories to Parties :
• (a) Availability ; procedures for use = 33
• (b) Scope ; use at trial = 33
• (c) Option to produce business records = 33
• Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes :
• (a) Scope = 34
• (b) Procedure = 34
• (c) Persons not parties = 34
• Rule 35. Physical and Mental Examination of Persons :
• (a) Order for examination = 34
• (b) Report of examining physician = 35
• Rule 36. Requests for Admission :
• (a) Request for admission = 35
• (b) Effect of admission = 36
• Rule 37. Failure to Make or Cooperate in Discovery : Sanctions :
• (a) Motion for order compelling discovery :
• (1) Appropriate court = 36
• (2) Motion = 37
• (3) Evasive or incomplete answer = 37
• (4) Award of expenses of motion = 37
• (b) Failure to comply with order :
• (1) Sanctions by Court in district where deposition is taken = 37
• (2) Sanctions by Court in which action is pending = 37
• (c) Expenses on failure to admit = 38
• (d) Failure of party to attend at own desposition or serve answers to interrogatories or respond to request for inspection = 38
• (e) Subpoena of person in foreign country(Abrogated).
• (f) Expenses against United States(Repealed).
• (g) Failure to participate in the framing of a discovery plan = 39
• Title Ⅵ. Trials :
• Rule 38. Jury Trial of Right :
• (a) Right preserved = 39
• (b) Demand = 39
• (c) Same : specification of issues = 39
• (d) Waiver = 39
• (e) Admiralty and maritime claims = 39
• Rule 39. Trial by Jury or by the Court :
• (a) By jury = 39
• (b) By the court = 40
• (c) Advisory jury and trial by consent = 40
• Rule 40. Assignment of Cases for Trial = 40
• Rule 41. Dismissal of Actions :
• (a) Voluntary dismissal : effect thereof :
• (1) By plaintiff ; by stipulation = 40
• (2) By order of court = 40
• (b) Involuntary dismissal : effect thereof = 40
• (c) Dismissal of counterclaim, cross-claim, or third-party claim = 41
• (d) Costs of previously dismissed action = 41
• Rule 42. Consolidation ; Separate Trials :
• (a) Consolidation = 41
• (b) Separate trials = 41
• Rule 43. Taking of Testimony :
• (a) Form = 41
• (b) Scope of examination and cross-examination(Abrogated).
• (c) Record of excluded evidence(Abrogated)
• (d) Affirmation in lieu of oath = 41
• (e) Evidence on motions = 41
• (f) Interpreters = 42
• Rule 44. Proof of Official Record :
• (a) Authentication :
• (1) Domestic = 42
• (2) Foreign = 42
• (b) Lack of record = 42
• (c) Other proof = 43
• Rule 44.1. Determination of Foreign Law = 43
• Rule 45. Subpoena :
• (a) For attendance of witnesses : form ; issuance = 43
• (b) For production of documentary evidence = 43
• (c) Service = 43
• (d) Subpoena for taking depositions ; place of examination = 43
• (e) Subpoena for a hearing or trial = 44
• (f) Contempt = 44
• Rule 46. Exceptions Unnecessary = 44
• Rule 47. Jurors :
• (a) Examination of jurors = 44
• (b) Alternate jurors = 45
• Rule 48. Juries of Less Than Twelve - Majority Verdict = 45
• Rule 49. Special Verdicts and Interrogatories :
• (a) Special verdicts = 45
• (b) General verdict accompanied by answer to interrogatories = 45
• Rule 50. Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict :
• (a) Motion for directed verdict : when made ; effect = 46
• (b) Motion for judgment notwithstanding the verdict = 46
• (c) Same : conditional rulings on grant of motion = 46
• (d) Same : denial of motion = 47
• Rule 51. Instructions to Jury : Objection = 47
• Rule 52. Findings by the Court :
• (a) Effect = 47
• (b) Amendment = 47
• Rule 53. Masters :
• (a) Appointment and compensation = 48
• (b) Reference = 48
• (c) Powers = 48
• (d) Proceedings :
• (1) Meetings = 48
• (2) Witnesses = 49
• (3) Statement of accounts = 49
• (e) Report :
• (1) Contents and filing = 49
• (2) In non-jury actions = 49
• (3) In jury actions = 49
• (4) Stipulation as to findings = 49
• (5) Draft report = 50
• Title Ⅶ. Judgment :
• Rule 54. Judgments ; Costs :
• (a) Definition ; form = 50
• (b) Judgment upon multiple claims or involving multiple parties = 50
• (c) Demand for judgment = 50
• (d) Costs = 50
• Rule 55. Default :
• (a) Entry = 50
• (b) Judgment :
• (1) By the clerk = 50
• (2) By the court = 51
• (c) Setting aside default = 51
• (d) Plaintiffs, counterclaimants, cross-claimants = 51
• (e) Judgment against the United States = 51
• Rule 56. Summary Judgment :
• (a) For claimant = 51
• (b) For defending party = 51
• (c) Motion and proceedings thereon = 51
• (d) Case not fully adjudicated on motion = 52
• (e) Form of affidavits ; further testimony ; defense required = 52
• (f) When affidavits are unavailable = 52
• (g) Affidavits made in bad faith = 52
• Rule 57. Declaratory Judgments = 52
• Rule 58. Entry of Judgment = 53
• Rule 59. New Trials ; Amendment of Judgments :
• (a) Grounds = 53
• (b) Time for motion = 53
• (c) Time for serving affidavits = 53
• (d) On initiative of court = 53
• (e) Motion to alter or amend a judgment = 53
• Rule 60. Relief From Judgment or Order :
• (a) Clerical mistakes = 54
• (b) Mistakes ; inadvertence ; excusable neglect ; newly discovered evidence ; fraud, etc = 54
• Rule 61. Harmless Error = 54
• Rule 62. Stay of Proceedings To Enforce a Judgment :
• (a) Automatic stay ; exceptions - injunctions, receiverships, and patent accountings = 54
• (b) Stay on motion for new trial or for judgment = 55
• (c) Injunction pending appeal = 55
• (d) Stay upon appeal = 55
• (e) Stay in favor of the United States or agency thereof = 55
• (f) Stay according to State law = 55
• (g) Power of appellate court not limited = 55
• (h) Stay of judgment as to multiple claims or multiple parties = 56
• Rule 63. Disability of a Judge = 56
• Title Ⅷ Provisional and Final Remedies and Special Proceedings :
• Rule 64. Seizure of Person or Property = 56
• Rule 65. Injunctions :
• (a) Preliminary injunction :
• (1) Notice = 56
• (2) Consolidation of hearing with trial on merits = 56
• (b) Temporary restraining order ; notice ; hearing ; duration = 57
• (c) Security = 57
• (d) Form and scope of injunction or restraining order = 57
• (e) Employer and employee ; interpleader ; constitutional cases = 57
• Rule 65.1. Security : Proceedings Against Sureties = 58
• Rule 66. Receivers Appointed by Federal Courts = 58
• Rule 67. Deposit in Court = 58
• Rule 68. Offer of Judgment = 58
• Rule 69. Execution :
• (a) In general = 59
• (b) Against certain public officers = 59
• Rule 70. Judgment for Specific Acts ; Vesting Title = 59
• Rule 71. Process in Behalf of and Against Persons Not Parties = 60
• Rule 71 A. Condemnation of Property :
• (a) Applicability of other rules = 60
• (b) Joinder of properties = 60
• (c) Complaint :
• (1) Caption = 60
• (2) Contents = 60
• (3) Filing = 60
• (d) Process :
• (1) Notice ; delivery = 60
• (2) Same ; form = 61
• (3) Service of notice = 61
• (4) Return; amendment = 61
• (e) Appearance or answer = 61
• (f) Amendment of pleadings = 62
• (g) Substitution of parties = 62
• (h) Trial = 62
• (i) Dismissal of action :
• (1) As of right = 62
• (2) By stipulation = 63
• (3) By order of the court = 63
• (4) Effect = 63
• (j) Deposit and its distribution = 63
• (k) Condemnation under a State's power of eminent domain = 63
• (l) Costs = 63
• Title Ⅸ. Appeals(Abrogated).
• Rule 72. Appeal from a District Court to the Supreme Court(Abrogated).
• Rule 73. Appeal to a Court of Appeals(Abrogated).
• Rule 74. Joint Appeals to the Supreme Court or to a Court of Appeals(Abrogated).
• Rule 75. Record on Appeal to a Court of Appeals(Abrogated).
• Rule 76. Record on Appeal to a Court of Appeals ; Agreed Statement(Abrogated).
• Title Ⅹ. District Courts and Clerks :
• Rule 77. District Courts and Clerks :
• (a) District courts always open = 64
• (b) Trials and hearings ; orders in chambers = 64
• (c) Clerk's office and orders by clerk = 64
• (d) Notice of orders or judgments = 64
• Rule 78. Motion Day = 64
• Rule 79. Books and Records Kept by the Clerk and Entries Therein :
• (a) Civil docket = 65
• (b) Civil judgments and orders = 65
• (c) Indices ; calendars = 65
• (d) Other books and records of the clerk = 65
• Rule 80. Stenographer ; Stenographic Report or Transcript as Evidence :
• (a) Stenographer(Abrogated)
• (b) Official stenographer(Abrogated)
• (c) Stenographic report or transcript as evidence = 66
• Title XI. General Provisions :
• Rule 81. Applicability in General :
• (a) To what proceedings applicable = 66
• (b) Scire facias and mandamus = 67
• (c) Removed actions = 67
• (d) District of Columbia ; courts and judges(Abrogated)
• (e) Law applicable = 67
• (f) References to officer of the United States = 68
• Rule 82. Jurisdiction and Venue Unaffected = 68
• Rule 83. Rules by District Courts = 68
• Rule 84. Forms = 68
• Rule 85. Title = 68
• Rule 86. Effective Date :
• (a) Effective date of original rules = 68
• (b) Effective date of amendments = 69
• (c) Effective date of amendments = 69
• (d) Effective date of amendments = 69
• (e) Effective date of amendments = 69
• Appendix of Forms :
• Form
• 1. Summons = 71
• 2. Allegation of Jurisdiction = 72
• 3. Complaint on a Promissory Note = 72
• 4. Complaint on an Account = 73
• 5. Complaint for Goods Sold and Delivered = 73
• 6. Complaint for Money Lent = 73
• 7. Complaint for Money Paid by Mistake = 73
• 8. Complaint for Money Had and Received = 73
• 9. Complaint for Negligence = 74
• 10. Complaint for Negiligence Where Plaintiff is Unable to Determine Definitely Whether the Person Responsible is C. D. or E. F. or Whether Both are Responsible and Where His Evidence May Justify a Finding of Wilfullness or of Recklessness or of Negligence = 74
• 11. Complaint for Conversion = 74
• 12. Complaint for Specific Performance of Contract to Convey Land = 75
• 13. Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18(b) = 75
• 14. Complaint for Negligence Under Federal Employer's Liability Act = 76
• 15. Complaint for Damages Under Merchant Marine Act = 76
• 16. Complaint for Infringement of Patent = 77
• 17. Complaint for Infringement of Copyright and Unfair Competition = 77
• 18. Complaint for Interpleader and Declaratory Relief = 78
• 19. Motion to Dismiss, Presenting Defenses of Failure to State a Claim, of Lack of Service of Process, of Improper Venue, and of Lack of Jurisdiction Under Rule 12(b) = 79
• 20. Answer Presenting Defenses Under Rule 12(b) = 80
• 21. Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader = 81
• 22. Motion to Bring in Third-Party Defendant(Eliminated)
• 22-A. Summons and Complaint Against Third-Party Defendant = 82
• 22-B. Motion to Bring in Third-Party Defendant = 83
• 23. Motion to Intervene as a Defendant Under Rule 24 = 83
• 24. Request for Production of Documents, etc., Under Rule 34 = 84
• 25. Request for Admission Under Rule 36 = 85
• 26. Allegation of Reason for Omitting Party = 85
• 27. Notice of Appeal to Court of Appeals Under Rule 73(b)(Abrogated) = 86
• 28. Notice : Condemnation = 86
• 29. Complaint : Condemnation = 87
• 30. Suggestion of Death Upon the Record Under Rule 25(a)(l) = 88
• 31. Judgment on Jury Verdict = 88
• 32. Judgment on Decision by the Court = 89
• SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS
• Rule A. Scope of Rules = 89
• Rule B. Attachment and Garnishment : Special Provisions :
• (1) When available ; complaint, affidavit, and process = 90
• (2) Notice to defendant = 90
• (3) Answer ;
• (a) By garnishee = 90
• (b) By defendant = 90
• Rule C. Actions in Rem : Special Provisions :
• (1) When available = 90
• (2) Complaint = 91
• (3) Process = 91
• (4) Notice = 91
• (5) Ancillary process = 91
• (6) Claim and answer ; interrogatories = 91
• Rule D. Possessory, Petitory, and Partition Actions = 92
• Rule E. Actions in Rem and Quasi in Rem : General Provisions :
• (1) Applicability = 92
• (2) Complaint ; security :
• (a) Complaint = 92
• (b) Security for costs = 92
• (3) Process :
• (a) Territorial limits of effective service = 92
• (b) Issuance and delivery = 92
• (4) Execution of process ; marshal's return ; custody of property :
• (a) In general = 92
• (b) Tangible property = 93
• (c) Intangible property = 93
• (d) Directions with respect to property in custody = 93
• (e) Expenses of seizing and keeping property ; deposit = 93
• (5) Release of property :
• (a) Special bond = 93
• (b) General bond = 93
• (c) Release by consent or stipulation ; order of court or clerk ; costs = 94
• (d) Possessory, petitory, and partition actions = 94
• (6) Reduction or impairment of security = 94
• (7) Security on counterclaim = 94
• (8) Restricted appearance = 95
• (9) Disposition of property ; sales :
• (a) Actions for forfeitures = 95
• (b) Interlocutory sales = 95
• (c) Sales ; proceeds = 95
• Rule F. Limitation of Liability ;
• (1) Time for filing complaint ; security = 95
• (2) Complaint = 95
• (3) Claims against owner ; injunction = 96
• (4) Notice to claimants = 96
• (5) Claims and answer = 96
• (6) Information to be given claimants = 96
• (7) Insufficiency of fund or security = 97
• (8) Objections to claims : distribution of fund = 97
• (9) Venue : transfer = 97