This document contains the Federal Rules of Civil Procedure together with forms, as amended to December 1, 2023. The rules have been promulgated and amended by the United States Supreme Court pursuant to law, and further amended by Acts of Congress. This document has been prepared by the Committee in response to the need for an official up-to-date document containing the latest amendments to the rules.
For the convenience of the user, where a rule has been amended a reference to the date the amendment was promulgated and the date the amendment became effective follows the text of the rule. The Committee on Rules of Practice and Procedure and the Advisory Committee on the Federal Rules of Civil Procedure, Judicial Conference of the United States, prepared notes explaining the purpose and intent of the amendments to the rules. The Committee Notes may be found in the Appendix to Title 28, United States Code, following the particular rule to which they relate.
§ 2072. Rules of procedure and evidence; power to prescribe 7
a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals.
b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.
c) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title.
§ 2073. Rules of procedure and evidence; method of prescribing 7
(a)(1) The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules under this section.
(2) The Judicial Conference may authorize the appointment of committees to assist the Conference by recommending rules to be prescribed under sections 2072 and 2075 of this title. Each such committee shall consist of members of the bench and the professional bar, and trial and appellate judges.
(b) The Judicial Conference shall authorize the appointment of a standing committee on rules of practice, procedure, and evidence under subsection (a) of this section. Such standing commit- tee shall review each recommendation of any other committees so appointed and recommend to the Judicial Conference rules of practice, procedure, and evidence and such changes in rules pro- posed by a committee appointed under subsection (a)(2) of this section as may be necessary to maintain consistency and other- wise promote the interest of justice.
(c) (1) Each meeting for the transaction of business under this chapter by any committee appointed under this section shall be open to the public, except when the committee so meeting, in open session and with a majority present, determines that it is in the public interest that all or part of the remainder of the meeting on that day shall be closed to the public, and states the reason for so closing the meeting. Minutes of each meeting for the trans- action of business under this chapter shall be maintained by the committee and made available to the public, except that any portion of such minutes, relating to a closed meeting and made avail- able to the public, may contain such deletions as may be necessary to avoid frustrating the purposes of closing the meeting.
(2) Any meeting for the transaction of business under this chap- ter, by a committee appointed under this section, shall be preceded by sufficient notice to enable all interested persons to attend.
(d) In making a recommendation under this section or under section 2072 or 2075, the body making that recommendation shall provide a proposed rule, an explanatory note on the rule, and a written report explaining the body’s action, including any minor- ity or other separate views.
(e) Failure to comply with this section does not invalidate a rule prescribed under section 2072 or 2075 of this title.
§ 2074. Rules of procedure and evidence; submission to Congress; effective date 8
RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS 8
TITLE I. SCOPE OF RULES; FORM OF ACTION
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
TITLE III. PLEADINGS AND MOTIONS
TITLE IV. PARTIES
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS 9
Rule 3. Commencing an Action 9
Rule 4. Summons 9
RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS. 13
RULE 4 WAIVER OF THE SERVICE OF SUMMONS. 14
DUTY TO AVOID UNNECESSARY EXPENSES OF SERVING A SUMMONS 15
Rule 4.1. Serving Other Process 15
Rule 5. Serving and Filing Pleadings and Other Papers 16
Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention 18
Rule 5.2. Privacy Protection For Filings Made with the Court 18
Rule 6. Computing and Extending Time; Time for Motion Papers 20
Rule 7. Pleadings Allowed; Form of Motions and Other Papers 21
Rule 7.1. Disclosure Statement 22
Rule 8. General Rules of Pleading 22
Rule 9. Pleading Special Matters 23
Rule 10. Form of Pleadings 24
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions 25
Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; 26
Rule 13. Counterclaim and Crossclaim 28
Rule 14. Third-Party Practice 29
Rule 15. Amended and Supplemental Pleadings 30
Rule 16. Pretrial Conferences; Scheduling; Management 31
Rule 26. Duty to Disclose; General Provisions Governing Discovery 43
Rule 27. Depositions to Perpetuate Testimony 51
Rule 28. Persons Before Whom Depositions May Be Taken 52
Rule 29. Stipulations About Discovery Procedure 53
Rule 30. Depositions by Oral Examination 53
Rule 31. Depositions by Written Questions 57
Rule 32. Using Depositions in Court Proceedings 58
Rule 33. Interrogatories to Parties 60
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes 61
Rule 35. Physical and Mental Examinations 62
Rule 36. Requests for Admission 63
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions 64
Rule 38. Right to a Jury Trial; Demand 67
Rule 39. Trial by Jury or by the Court 68
Rule 40. Scheduling Cases for Trial 68
Rule 41. Dismissal of Actions 68
Rule 42. Consolidation; Separate Trials 69
Rule 43. Taking Testimony 69
Rule 44. Proving an Official Record 70
Rule 44.1. Determining Foreign Law 71
Rule 45. Subpoena 71
Rule 46. Objecting to a Ruling or Order 75
Rule 47. Selecting Jurors 75
Rule 48. Number of Jurors; Verdict; Polling 75
Rule 49. Special Verdict; General Verdict and Questions 75
Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling 76
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error 77
Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings 78
Rule 53. Masters 79
Rule 54. Judgment; Costs 81
Rule 55. Default; Default Judgment 82
Rule 56. Summary Judgment 83
Rule 57. Declaratory Judgment 84
Rule 58. Entering Judgment 84
Rule 59. New Trial; Altering or Amending a Judgment 85
Rule 60. Relief from a Judgment or Order 86
Rule 61. Harmless Error 87
Rule 62. Stay of Proceedings to Enforce a Judgment 87
Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal 88
Rule 63. Judge’s Inability to Proceed 88
Rule 64. Seizing a Person or Property 88
Rule 65. Injunctions and Restraining Orders 89
Rule 65.1. Proceedings Against a Security Provider 90
Rule 66. Receivers 90
Rule 67. Deposit into Court 90
Rule 68. Offer of Judgment 91
Rule 69. Execution 91
Rule 70. Enforcing a Judgment for a Specific Act 92
Rule 71. Enforcing Relief For or Against a Nonparty 92
TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS 98
Rule 77. Conducting Business; Clerk’s Authority; Notice of an Order or Judgment 98
Rule 78. Hearing Motions; Submission on Briefs 98
Rule 79. Records Kept by the Clerk 99
Rule 80. Stenographic Transcript as Evidence 99
SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS 103
Rule A. Scope of Rules 103
Rule B. In Personam Actions: Attachment and Garnishment 104
Rule C. In Rem Actions: Special Provisions 105
Rule D. Possessory, Petitory, and Partition Actions 107
Rule E. Actions in Rem and Quasi in Rem: General Provisions 107
Rule F. Limitation of Liability 111
Rule G. Forfeiture Actions In Rem 113
