2024 Federal Rules of Civil Procedure

2024 Federal Rules

of Civil Procedure

Federal Rules of

Civil Procedure

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Library of Congress Catalog Card Number 72-76254

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FEDERAL RULES OF CIVIL

PROCEDURE

Title

I. Scope of Rules; Form of Action

II. Commencing an Action; Service of Process, Pleadings, Motions,

and Orders

III. Pleadings and Motions

IV. Parties

V. Disclosures and Discovery

VI. Trials

VII. Judgment

VIII. Provisional and Final Remedies

IX. Special Proceedings

X. District Courts and Clerks: Conducting Business; Issuing Orders

XI. General Provisions

TITLE I.

SCOPE OF RULES; FORM OF ACTION

Rule

1. Scope and Purpose

2. One Form of Action

Rule 1. Scope and Purpose

These rules govern the procedure in all civil actions

and proceedings in the United States district courts,

except as stated in Rule 81. They should be construed,

administered, and employed by the court and the

parties to secure the just, speedy, and inexpensive

determination of every action and proceeding.

Rule 2. One Form of Action

There is one form of action—the civil action.

Rules of Civil Procedure

TITLE II.

COMMENCING AN ACTION; SERVICE OF

PROCESS, PLEADINGS, MOTIONS, AND ORDERS

Rule

3. Commencing an Action

4. Summons

4.1. Serving Other Process

5. Serving and Filing Pleadings and Other Papers

5.1. Constitutional Challenge to a Statute—Notice, Certiﬁcation, and

Intervention

5.2. Privacy Protection for Filings Made with the Court

6. Computing and Extending Time; Time for Motion Papers

Rule 3. Commencing an Action

A civil action is commenced by ﬁling a complaint with

the court.

Rule 4. Summons

(a) Contents; Amendments.

(1)

Contents. A summons must:

(A) name the court and the parties;

(B) be directed to the defendant;

attorney or—if unrepresented—of the plaintiff;

(D) state the time within which the defendant

must appear and defend;

(E) notify the defendant that a failure to appear

and defend will result in a default judgment against

the defendant for the relief demanded in the

complaint;

(F) be signed by the clerk; and

(G) bear the court’s seal.

(2)

Amendments. The court may permit a sum-

mons to be amended.

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(b) Issuance. On or after ﬁling the complaint, the

plaintiff may present a summons to the clerk for

signature and seal. If the summons is properly com-

pleted, the clerk must sign, seal, and issue it to the

plaintiff for service on the defendant. A summons—or a

copy of a summons that is addressed to multiple

defendants—must be issued for each defendant to be

served.

(1)

In General. A summons must be served with a

copy of the complaint. The plaintiff is responsible for

having the summons and complaint served within

the time allowed by Rule 4(m) and must furnish the

necessary copies to the person who makes service.

(2)

By Whom. Any person who is at least 18 years

old and not a party may serve a summons and

complaint.

(3) By a Marshal or Someone Specially Ap-

pointed. At the plaintiff’s request, the court may order

that service be made by a United States marshal or

deputy marshal or by a person specially appointed

by the court. The court must so order if the plaintiff is

authorized to proceed in forma pauperis under 28

U.S.C. § 1915 or as a seaman under 28 U.S.C. §

1916.

(d) Waiving Service.

(1)

Requesting a Waiver. An individual, corpora-

tion, or association that is subject to service under

Rule 4(e), (f), or (h) has a duty to avoid unnecessary

expenses of serving the summons. The plaintiff may

notify such a defendant that an action has been

commenced and request that the defendant waive

service of a summons. The notice and request must:

(A) be in writing and be addressed:

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(i) to the individual defendant; or

(ii) for a defendant subject to service under

Rule 4(h), to an officer, a managing or general

agent, or any other agent authorized by appoint-

ment or by law to receive service of process;

(B) name the court where the complaint was

ﬁled;

two copies of the waiver form appended to this

Rule 4, and a prepaid means for returning the

form;

(D) inform the defendant, using the form ap-

pended to the Rule 4, of the consequences of

waiving and not waiving service;

(E) state the date when the request is sent;

(F) give the defendant a reasonable time of at

least 30 days after the request was sent—or at

least 60 days if sent to the defendant outside any

judicial district of the United States—to return the

waiver; and

(G) be sent by ﬁrst-class mail or other reliable

means.

(2)

Failure to Waive. If a defendant located within

the United States fails, without good cause, to sign

and return a waiver requested by a plaintiff located

within the United States, the court must impose on

the defendant:

(A) the expenses later incurred in making ser-

vice; and

(B) the reasonable expenses, including attor-

ney’s fees, of any motion required to collect those

service expenses.

(3) Time to Answer After a Waiver. A defendant

who, before being served with process, timely re-

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turns a waiver need not serve an answer to the

complaint until 60 days after the request was

sent—or until 90 days after it was sent to the

defendant outside any judicial district of the United

States.

(4) Results of Filing a Waiver. When the plaintiff

ﬁles a waiver, proof of service is not required and

these rules apply as if a summons and complaint

had been served at the time of ﬁling the waiver.

(5) Jurisdiction and Venue Not Waived. Waiving

service of a summons does not waive any objection

to personal jurisdiction or to venue.

(e) Serving an Individual Within a Judicial Dis-

trict of the United States. Unless federal law provides

otherwise, an individual—other than a minor, an incom-

petent person, or a person whose waiver has been

ﬁled—may be served in a judicial district of the United

States by:

(1) following state law for serving a summons in

an action brought in courts of general jurisdiction in

the state where the district court is located or where

service is made; or

(2) doing any of the following:

(A) delivering a copy of the summons and of the

complaint to the individual personally;

(B) leaving a copy of each at the individual’s

dwelling or usual place of abode with someone of

suitable age and discretion who resides there; or

thorized by appointment or by law to receive

service of process.

(f) Serving an Individual in a Foreign Country.

Unless federal law provides otherwise, an individual—

other than a minor, an incompetent person, or a person

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whose waiver has been ﬁled—may be served at a

place not within any judicial district of the United

States:

(1) by any internationally agreed means of service

that is reasonably calculated to give notice, such as

those authorized by the Hague Convention on the

Service Abroad of Judicial and Extrajudicial Docu-

ments;

(2) if there is no internationally agreed means, or

if an international agreement allows but does not

specify other means, by a method that is reasonably

calculated to give notice:

(A) as prescribed by the foreign country’s law

for service in that country in an action in its courts

of general jurisdiction;

(B) as the foreign authority directs in response

to a letter rogatory or letter of request; or

law, by:

(i) delivering a copy of the summons and of

the complaint to the individual personally; or

(ii) using any form of mail that the clerk

addresses and sends to the individual and that

requires a signed receipt; or

(3) by other means not prohibited by international

agreement, as the court orders.

(g) Serving a Minor or an Incompetent Person. A

minor or an incompetent person in a judicial district of

the United States must be served by following state law

for serving a summons or like process on such a

defendant in an action brought in the courts of general

jurisdiction of the state where service is made. A minor

or an incompetent person who is not within any judicial

district of the United States must be served in the

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manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or

(f)(3).

(h) Serving a Corporation, Partnership, or Asso-

ciation. Unless federal law provides otherwise or the

defendant’s waiver has been ﬁled, a domestic or

foreign corporation, or a partnership or other unincor-

porated association that is subject to suit under a

common name, must be served:

(1) in a judicial district of the United States:

(A) in the manner prescribed by Rule 4(e)(1) for

serving an individual; or

(B) by delivering a copy of the summons and of

the complaint to an officer, a managing or general

agent, or any other agent authorized by appoint-

ment or by law to receive service of process

and—if the agent is one authorized by statute and

the statute so requires—by also mailing a copy of

each to the defendant; or

(2) at a place not within any judicial district of the

United States, in any manner prescribed by Rule 4(f)

for serving an individual, except personal delivery

under (f)(2)(C)(i).

(i) Serving the United States and Its Agencies,

Corporations, Officers, or Employees.

(1)

United States. To serve the United States, a

party must:

(A)(i) deliver a copy of the summons and of the

complaint to the United States attorney for the

district where the action is brought—or to an

assistant United States attorney or clerical em-

ployee whom the United States attorney desig-

nates in a writing ﬁled with the court clerk—or

(ii) send a copy of each by registered or

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certiﬁed mail to the civil-process clerk at the

United States attorney’s office;

(B) send a copy of each by registered or certi-

ﬁed mail to the Attorney General of the United

States at Washington, D.C.; and

party agency or officer of the United States, send

a copy of each by registered or certiﬁed mail to the

agency or officer.

(2) Agency; Corporation; Officer or Employee

Sued in an Official Capacity. To serve a United

States agency or corporation, or a United States

officer or employee sued only in an official capacity,

a party must serve the United States and also send

a copy of the summons and of the complaint by

registered or certiﬁed mail to the agency, corpora-

tion, officer, or employee.

(3)

Officer or Employee Sued Individually. To

serve a United States officer or employee sued in an

individual capacity for an act or omission occurring in

connection with duties performed on the United

States’ behalf (whether or not the officer or employee

is also sued in an official capacity), a party must

serve the United States and also serve the officer or

employee under Rule 4(e), (f), or (g).

(4) Extending Time. The court must allow a party

a reasonable time to cure its failure to:

(A) serve a person required to be served under

Rule 4(i)(2), if the party has served either the

United States attorney or the Attorney General of

the United States; or

(B) serve the United States under Rule 4(i)(3), if

the party has served the United States officer or

employee.

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(j) Serving a Foreign, State, or Local

Government.

(1) Foreign State. A foreign state or its political

subdivision, agency, or instrumentality must be

served in accordance with 28 U.S.C. § 1608.

(2) State or Local Government. A state, a munici-

pal corporation, or any other state-created govern-

mental organization that is subject to suit must be

served by:

(A) delivering a copy of the summons and of the

complaint to its chief executive officer; or

(B) serving a copy of each in the manner pre-

scribed by that state’s law for serving a summons

or like process on such a defendant.

(k) Territorial Limits of Effective Service.

(1) In General. Serving a summons or ﬁling a

waiver of service establishes personal jurisdiction

over a defendant:

(A) who is subject to the jurisdiction of a court of

general jurisdiction in the state where the district

court is located;

(B) who is a party joined under Rule 14 or 19

and is served within a judicial district of the United

States and not more than 100 miles from where

the summons was issued; or

(2)

Federal Claim Outside State-Court Jurisdic-

tion. For a claim that arises under federal law,

serving a summons or ﬁling a waiver of service

establishes personal jurisdiction over a defendant if:

(A) the defendant is not subject to jurisdiction in

any state’s courts of general jurisdiction; and

(B) exercising jurisdiction is consistent with the

United States Constitution and laws.

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(l) Proving Service.

(1) Affidavit Required. Unless service is waived,

proof of service must be made to the court. Except

for service by a United States marshal or deputy

marshal, proof must be by the server’s affidavit.

(2)

Service Outside the United States. Service not

within any judicial district of the United States must

be proved as follows:

(A) if made under Rule 4(f)(1), as provided in

the applicable treaty or convention; or

(B) if made under Rule 4(f)(2) or (f)(3), by a

receipt signed by the addressee, or by other

evidence satisfying the court that the summons

and complaint were delivered to the addressee.

(3) Validity of Service; Amending Proof. Failure to

prove service does not affect the validity of service.

The court may permit proof of service to be

amended.

(m) Time Limit for Service. If a defendant is not

served within 90 days after the complaint is ﬁled, the

court—on motion or on its own after notice to the

plaintiff—must dismiss the action without prejudice

against that defendant or order that service be made

within a speciﬁed time. But if the plaintiff shows good

cause for the failure, the court must extend the time for

service for an appropriate period. This subdivision (m)

does not apply to service in a foreign country under

Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice

under Rule 71.1(d)(3)(A).

(n) Asserting Jurisdiction over Property or As-

sets.

(1)

Federal Law. The court may assert jurisdiction

over property if authorized by a federal statute.

Notice to claimants of the property must be given as

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provided in the statute or by serving a summons

under this rule.

(2) State Law. On a showing that personal juris-

diction over a defendant cannot be obtained in the

district where the action is brought by reasonable

efforts to serve a summons under this rule, the court

may assert jurisdiction over the defendant’s assets

found in the district. Jurisdiction is acquired by

seizing the assets under the circumstances and in

the manner provided by state law in that district.

Rule 4 Notice of a Lawsuit and Request to Waive

Service of Summons.

(Caption)

To (name the defendant or — if the defendant is a

corporation, partnership, or association — name an

officer or agent authorized to receive service):

Why are you getting this?

A lawsuit has been ﬁled against you, or the entity

you represent, in this court under the number shown

above. A copy of the complaint is attached.

This is not a summons, or an official notice from

the court. It is a request that, to avoid expenses, you

waive formal service of a summons by signing and

returning the enclosed waiver. To avoid these ex-

penses, you must return the signed waiver within

(give at least 30 days or at least 60 days if the

defendant is outside any judicial district of the United

States) from the date shown below, which is the date

this notice was sent. Two copies of the waiver form

are enclosed, along with a stamped, self-addressed

envelope or other prepaid means for returning one

copy. You may keep the other copy.

What happens next?

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If you return the signed waiver, I will ﬁle it with the

court. The action will then proceed as if you had

been served on the date the waiver is ﬁled, but no

summons will be served on you and you will have 60

days from the date this notice is sent (see the date

below) to answer the complaint (or 90 days if this

notice is sent to you outside any judicial district of the

United States).

If you do not return the signed waiver within the

time indicated, I will arrange to have the summons

and complaint served on you. And I will ask the court

to require you, or the entity you represent, to pay the

expenses of making service.

Please read the enclosed statement about the

duty to avoid unnecessary expenses.

I certify that this request is being sent to you on the

date below.

Date

(Signature of the attorney

or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

Rule 4 Waiver of the Service of Summons.

(Caption)

(name the plaintiff’s attorney or the unrepresented

plaintiff):

Rules of Civil Procedure

I have received your request to waive service of a

summons in this action along with a copy of the

complaint, two copies of this waiver form, and a

prepaid means of returning one signed copy of the

form to you.

I, or the entity I represent, agree to save the expense of

serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all

defenses or objections to the lawsuit, the court’s juris-

diction, and the venue of the action, but that I waive

any objections to the absence of a summons or of

service.

I also understand that I, or the entity I represent, must

ﬁle and serve an answer or a motion under Rule 12

within 60 days from ____, the date when this request

was sent (or 90 days if it was sent outside the United

States). If I fail to do so, a default judgment will be

entered against me or the entity I represent.

Date

(Signature of the attorney

or unrepresented party)

(Printed name)

(Address)

(E-mail address)

(Telephone number)

(Attach the following)

Duty to Avoid Unnecessary Expenses of Serving

a Summons

Rule 4 of the Federal Rules of Civil Procedure

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requires certain defendants to cooperate in saving

unnecessary expenses of serving a summons and

complaint. A defendant who is located in the United

States and who fails to return a signed waiver of

service requested by a plaintiff located in the United

States will be required to pay the expenses of

service, unless the defendant shows good cause for

the failure.

“Good cause” does not include a belief that the

lawsuit is groundless, or that it has been brought in

an improper venue, or that the court has no jurisdic-

tion over this matter or over the defendant or the

defendant’s property.

If the waiver is signed and returned, you can still

make these and all other defenses and objections,

but you cannot object to the absence of a summons

or of service.

If you waive service, then you must, within the time

speciﬁed on the waiver form, serve an answer or a

motion under Rule 12 on the plaintiff and ﬁle a copy

with the court. By signing and returning the waiver

form, you are allowed more time to respond than if a

summons had been served.

Rule 4.1. Serving Other Process

(a) In General. Process—other than a summons

under Rule 4 or a subpoena under Rule 45—must be

served by a United States marshal or deputy marshal

or by a person specially appointed for that purpose. It

may be served anywhere within the territorial limits of

the state where the district court is located and, if

authorized by a federal statute, beyond those limits.

Proof of service must be made under Rule 4(l).

(b) Enforcing Orders: Committing for Civil Con-

tempt. An order committing a person for civil contempt

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of a decree or injunction issued to enforce federal law

may be served and enforced in any district. Any other

order in a civil-contempt proceeding may be served

only in the state where the issuing court is located or

elsewhere in the United States within 100 miles from

where the order was issued.

Rule 5. Serving and Filing Pleadings and Other

Papers

(a) Service: When Required.

(1)

In General. Unless these rules provide other-

wise, each of the following papers must be served on

every party:

(A) an order stating that service is required;

(B) a pleading ﬁled after the original complaint,

unless the court orders otherwise under Rule 5(c)

because there are numerous defendants;

a party, unless the court orders otherwise;

(D) a written motion, except one that may be

heard ex parte; and

(E) a written notice, appearance, demand, or

offer of judgment, or any similar paper.

(2) If a Party Fails to Appear. No service is

required on a party who is in default for failing to

appear. But a pleading that asserts a new claim for

relief against such a party must be served on that

party under Rule 4.

(3)

Seizing Property. If an action is begun by

seizing property and no person is or need be named

as a defendant, any service required before the ﬁling

of an appearance, answer, or claim must be made

on the person who had custody or possession of the

property when it was seized.

Rules of Civil Procedure

(b) Service: How Made.

(1) Serving an Attorney. If a party is represented

by an attorney, service under this rule must be made

on the attorney unless the court orders service on

the party.

(2) Service in General. A paper is served under

this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person’s office with a clerk or other

person in charge or, if no one is in charge, in a

conspicuous place in the office; or

(ii) if the person has no office or the office is

closed, at the person’s dwelling or usual place

of abode with someone of suitable age and

discretion who resides there;

dress—in which event service is complete upon

mailing;

(D) leaving it with the court clerk if the person

has no known address;

(E) sending it to a registered user by ﬁling it with

the court’s electronic-ﬁling system or sending it by

other electronic means that the person consented

to in writing—in either of which events service is

complete upon ﬁling or sending, but is not effective

if the ﬁler or sender learns that it did not reach the

person to be served; or

(F) delivering it by any other means that the

person consented to in writing—in which event

service is complete when the person making ser-

vice delivers it to the agency designated to make

delivery.

Rules of Civil Procedure

(3) Using Court Facilities. [Abrogated (April 26,

2018, eff. Dec. 1, 2018.)]

(1) In General. If an action involves an unusually

large number of defendants, the court may, on

motion or on its own, order that:

(A) defendants’ pleadings and replies to them

need not be served on other defendants;

(B) any crossclaim, counterclaim, avoidance, or

affirmative defense in those pleadings and replies

to them will be treated as denied or avoided by all

other parties; and

the plaintiff constitutes notice of the pleading to all

parties.

(2) Notifying Parties. A copy of every such order

must be served on the parties as the court directs.

(d) Filing.

(1)

Required Filings; Certiﬁcate of Service.

(A) Papers after the Complaint. Any paper after

the complaint that is required to be served must be

ﬁled no later than a reasonable time after service.

But disclosures under Rule 26(a)(1) or (2) and the

following discovery requests and responses must

not be ﬁled until they are used in the proceeding or

the court orders ﬁling: depositions, interrogatories,

requests for documents or tangible things or to

permit entry onto land, and requests for admis-

sion.

(B)

Certiﬁcate of Service. No certiﬁcate of ser-

vice is required when a paper is served by ﬁling it

with the court’s electronic-ﬁling system. When a

paper that is required to be served is served by

other means:

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(i) if the paper is ﬁled, a certiﬁcate of service

must be ﬁled with it or within a reasonable time

after service; and

(ii) if the paper is not ﬁled, a certiﬁcate of

service need not be ﬁled unless ﬁling is required

by court order or by local rule.

(2) Nonelectronic Filing. A paper not ﬁled elec-

tronically is ﬁled by delivering it:

(A) to the clerk; or

(B) to a judge who agrees to accept it for ﬁling,

and who must then note the ﬁling date on the

paper and promptly send it to the clerk.

(3) Electronic Filing and Signing.

(A) By a Represented Person—Generally Re-

quired; Exceptions.

A person represented by an

attorney must ﬁle electronically, unless nonelec-

tronic ﬁling is allowed by the court for good cause

or is allowed or required by local rule.

(B) By an Unrepresented Person—When Al-

lowed or Required. A person not represented by

an attorney:

(i) may ﬁle electronically only if allowed by

court order or by local rule; and

(ii) may be required to ﬁle electronically only

by court order, or by a local rule that includes

reasonable exceptions.

electronic-ﬁling account and authorized by that

person, together with that person’s name on a

signature block, constitutes the person’s signa-

ture.

(D)

Same as a Written Paper. A paper ﬁled

electronically is a written paper for purposes of

these rules.

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(4) Acceptance by the Clerk. The clerk must not

refuse to ﬁle a paper solely because it is not in the

form prescribed by these rules or by a local rule or

practice.

Rule 5.1. Constitutional Challenge to a Statute—

Notice, Certiﬁcation, and Intervention

(a) Notice by a Party. A party that ﬁles a pleading,

written motion, or other paper drawing into question the

constitutionality of a federal or state statute must

promptly:

(1) ﬁle a notice of constitutional question stating

the question and identifying the paper that raises it,

if:

(A) a federal statute is questioned and the

parties do not include the United States, one of its

agencies, or one of its officers or employees in an

official capacity; or

(B) a state statute is questioned and the parties

do not include the state, one of its agencies, or

one of its officers or employees in an official

capacity; and

(2) serve the notice and paper on the Attorney

General of the United States if a federal statute is

questioned—or on the state attorney general if a

state statute is questioned—either by certiﬁed or

registered mail or by sending it to an electronic

address designated by the attorney general for this

purpose.

(b) Certiﬁcation by the Court. The court must,

under 28 U.S.C. § 2403, certify to the appropriate

attorney general that a statute has been questioned.

Unless the court sets a later time, the attorney general

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may intervene within 60 days after the notice is ﬁled or

after the court certiﬁes the challenge, whichever is

earlier. Before the time to intervene expires, the court

may reject the constitutional challenge, but may not

enter a ﬁnal judgment holding the statute unconstitu-

tional.

(d) No Forfeiture. A party’s failure to ﬁle and serve

the notice, or the court’s failure to certify, does not

forfeit a constitutional claim or defense that is other-

wise timely asserted.

Rule 5.2. Privacy Protection for Filings Made with

the Court

(a) Redacted Filings. Unless the court orders oth-

erwise, in an electronic or paper ﬁling with the court

that contains an individual’s social-security number,

taxpayer-identiﬁcation number, or birth date, the name

of an individual known to be a minor, or a ﬁnancial-

account number, a party or nonparty making the ﬁling

may include only:

(1) the last four digits of the social-security num-

ber and taxpayer-identiﬁcation number;

(2) the year of the individual’s birth;

(3) the minor’s initials; and

(4) the last four digits of the ﬁnancial-account

number.

(b) Exemptions from the Redaction Require-

ment. The redaction requirement does not apply to the

following:

(1) a ﬁnancial-account number that identiﬁes the

property allegedly subject to forfeiture in a forfeiture

proceeding;

(2) the record of an administrative or agency

proceeding;

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(3) the official record of a state-court proceeding;

(4) the record of a court or tribunal, if that record

was not subject to the redaction requirement when

originally ﬁled;

(5) a ﬁling covered by Rule 5.2(c) or (d); and

(6) a pro se ﬁling in an action brought under 28

U.S.C. §§ 2241, 2254, or 2255.

Files; Social-Security Appeals and Immigration

Cases. Unless the court orders otherwise, in an action

for beneﬁts under the Social Security Act, and in an

action or proceeding relating to an order of removal, to

relief from removal, or to immigration beneﬁts or de-

tention, access to an electronic ﬁle is authorized as

follows:

(1) the parties and their attorneys may have re-

mote electronic access to any part of the case ﬁle,

including the administrative record;

(2) any other person may have electronic access

to the full record at the courthouse, but may have

remote electronic access only to:

(A) the docket maintained by the court; and

(B) an opinion, order, judgment, or other dispo-

sition of the court, but not any other part of the

case ﬁle or the administrative record.

(d) Filings Made Under Seal. The court may order

that a ﬁling be made under seal without redaction. The

court may later unseal the ﬁling or order the person

who made the ﬁling to ﬁle a redacted version for the

public record.

(e) Protective Orders. For good cause, the court

may by order in a case:

(1) require redaction of additional information; or

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(2) limit or prohibit a nonparty’s remote electronic

access to a document ﬁled with the court.

(f) Option for Additional Unredacted Filing Un-

der Seal. A person making a redacted ﬁling may also

ﬁle an unredacted copy under seal. The court must

retain the unredacted copy as part of the record.

(g) Option for Filing a Reference List. A ﬁling that

contains redacted information may be ﬁled together

with a reference list that identiﬁes each item of re-

dacted information and speciﬁes an appropriate iden-

tiﬁer that uniquely corresponds to each item listed. The

list must be ﬁled under seal and may be amended as of

right. Any reference in the case to a listed identiﬁer will

be construed to refer to the corresponding item of

information.

(h) Waiver of Protection of Identiﬁers. A person

waives the protection of Rule 5.2(a) as to the person’s

own information by ﬁling it without redaction and not

under seal.

Rule 6. Computing and Extending Time; Time for

Motion Papers

(a) Computing Time. The following rules apply in

computing any time period speciﬁed in these rules, in

any local rule or court order, or in any statute that does

not specify a method of computing time.

(1)

Period Stated in Days or a Longer Unit. When

the period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers

the period;

(B) count every day, including intermediate Sat-

urdays, Sundays, and legal holidays; and

last day is a Saturday, Sunday, or legal holiday, the

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period continues to run until the end of the next

day that is not a Saturday, Sunday, or legal

holiday.

(2) Period Stated in Hours. When the period is

stated in hours:

(A) begin counting immediately on the occur-

rence of the event that triggers the period;

(B) count every hour, including hours during

intermediate Saturdays, Sundays, and legal holi-

days; and

Sunday, or legal holiday, the period continues to

run until the same time on the next day that is not

a Saturday, Sunday, or legal holiday.

(3)

Inaccessibility of the Clerk’s Office. Unless the

court orders otherwise, if the clerk’s office is inacces-

sible:

(A) on the last day for ﬁling under Rule 6(a)(1),

then the time for ﬁling is extended to the ﬁrst

accessible day that is not a Saturday, Sunday, or

legal holiday; or

(B) during the last hour for ﬁling under Rule

6(a)(2), then the time for ﬁling is extended to the

same time on the ﬁrst accessible day that is not a

Saturday, Sunday, or legal holiday.

(4)

“Last Day” Deﬁned. Unless a different time is

set by a statute, local rule, or court order, the last day

ends:

(A) for electronic ﬁling, at midnight in the court’s

time zone; and

(B) for ﬁling by other means, when the clerk’s

office is scheduled to close.

(5) “Next Day” Deﬁned. The “next day” is deter-

mined by continuing to count forward when the

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period is measured after an event and backward

when measured before an event.

(6) “Legal Holiday” Deﬁned. “Legal holiday”

means:

(A) the day set aside by statute for observing

New Year’s Day, Martin Luther King Jr.’s Birthday,

Washington’s Birthday, Memorial Day, Juneteenth

National Independence Day, Independence Day,

Labor Day, Columbus Day, Veterans’ Day,

Thanksgiving Day, or Christmas Day;

(B) any day declared a holiday by the President

or Congress; and

event, any other day declared a holiday by the

state where the district court is located.

(b) Extending Time.

(1)

In General. When an act may or must be done

within a speciﬁed time, the court may, for good

cause, extend the time:

(A) with or without motion or notice if the court

acts, or if a request is made, before the original

time or its extension expires; or

(B) on motion made after the time has expired if

the party failed to act because of excusable ne-

glect.

(2)

Exceptions. A court must not extend the time

to act under Rules 50(b) and (d), 52(b), 59(b), (d),

and (e), and 60(b).

(1) In General. A written motion and notice of the

hearing must be served at least 14 days before the

time speciﬁed for the hearing, with the following

exceptions:

(A) when the motion may be heard ex parte;

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(B) when these rules set a different time; or

good cause, apply for ex parte—sets a different

time.

(2) Supporting Affidavit. Any affidavit supporting a

motion must be served with the motion. Except as

Rule 59(c) provides otherwise, any opposing affida-

vit must be served at least 7 days before the hearing,

unless the court permits service at another time.

(d) Additional Time After Certain Kinds of Ser-

vice. When a party may or must act within a speciﬁed

time after being served and service is made under Rule

5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F)

(other means consented to), 3 days are added after the

period would otherwise expire under Rule 6(a).

TITLE III.

PLEADINGS AND MOTIONS

Rule

7. Pleadings Allowed; Form of Motions and Other Papers

7.1. Disclosure Statement

8. General Rules of Pleading

9. Pleading Special Matters

10. Form of Pleadings

11. Signing Pleadings, Motions, and Other Papers; Representations

to the Court; Sanctions

12. Defenses and Objections: when and How Presented; Motion for

Judgment on the Pleadings; Consolidating Motions;

Waiving Defenses; Pretrial Hearing [Effective until De-

cember 1, 2024]

13. Counterclaim and Crossclaim

14. Third-Party Practice

15. Amended and Supplemental Pleadings

16. Pretrial Conferences; Scheduling; Management

Rule 7. Pleadings Allowed; Form of Motions and

Other Papers

(a) Pleadings. Only these pleadings are allowed:

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(1) a complaint;

(2) an answer to a complaint;

(3) an answer to a counterclaim designated as a

counterclaim;

(4) an answer to a crossclaim;

(5) a third-party complaint;

(6) an answer to a third-party complaint; and

(7) if the court orders one, a reply to an answer.

(b) Motions and Other Papers.

(1)

In General. A request for a court order must be

made by motion. The motion must:

(A) be in writing unless made during a hearing

or trial;

(B) state with particularity the grounds for seek-

ing the order; and

(2) Form. The rules governing captions and other

matters of form in pleadings apply to motions and

other papers.

Rule 7.1. Disclosure Statement

(a) Who Must File; Contents.

(1) Nongovernmental Corporations. A nongov-

ernmental corporate party or a nongovernmental

corporation that seeks to intervene must ﬁle a state-

ment that:

(A) identiﬁes any parent corporation and any

publicly held corporation owning 10% or more of

its stock; or

(B) states that there is no such corporation.

(2)

Parties or Intervenors in a Diversity Case. In

an action in which jurisdiction is based on diversity

under 28 U.S.C. § 1332(a), a party or intervenor

must, unless the court orders otherwise, ﬁle a dis-

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closure statement. The statement must name—and

identify the citizenship of—every individual or entity

whose citizenship is attributed to that party or inter-

venor:

(A) when the action is ﬁled in or removed to

federal court, and

(B) when any later event occurs that could

affect the court’s jurisdiction under § 1332(a).

(b) Time to File; Supplemental Filing. A party,

intervenor, or proposed intervenor must:

(1) ﬁle the disclosure statement with its ﬁrst ap-

pearance, pleading, petition, motion, response, or

other request addressed to the court; and

(2) promptly ﬁle a supplemental statement if any

required information changes.

Rule 8. General Rules of Pleading

(a) Claim for Relief. A pleading that states a claim

for relief must contain:

(1) a short and plain statement of the grounds for

the court’s jurisdiction, unless the court already has

jurisdiction and the claim needs no new jurisdictional

support;

(2) a short and plain statement of the claim show-

ing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may

include relief in the alternative or different types of

relief.

(b) Defenses; Admissions and Denials.

(1) In General. In responding to a pleading, a

party must:

(A) state in short and plain terms its defenses to

each claim asserted against it; and

(B) admit or deny the allegations asserted

against it by an opposing party.

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(2) Denials—Responding to the Substance. A de-

nial must fairly respond to the substance of the

allegation.

(3) General and Speciﬁc Denials. A party that

intends in good faith to deny all the allegations of a

pleading—including the jurisdictional grounds—may

do so by a general denial. A party that does not

intend to deny all the allegations must either speciﬁ-

cally deny designated allegations or generally deny

all except those speciﬁcally admitted.

(4)

Denying Part of an Allegation. A party that

intends in good faith to deny only part of an allega-

tion must admit the part that is true and deny the

rest.

(5)

Lacking Knowledge or Information. A party

that lacks knowledge or information sufficient to form

a belief about the truth of an allegation must so state,

and the statement has the effect of a denial.

(6) Effect of Failing to Deny. An allegation—other

than one relating to the amount of damages—is

admitted if a responsive pleading is required and the

allegation is not denied. If a responsive pleading is

not required, an allegation is considered denied or

avoided.

(1) In General. In responding to a pleading, a

party must affirmatively state any avoidance or affir-

mative defense, including:

• accord and satisfaction;

• arbitration and award;

• assumption of risk;

• contributory negligence;

• duress;

• estoppel;

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• failure of consideration;

• fraud;

• illegality;

• injury by fellow servant;

• laches;

• license;

• payment;

• release;

• res judicata;

• statute of frauds;

• statute of limitations; and

• waiver.

(2)

Mistaken Designation. If a party mistakenly

designates a defense as a counterclaim, or a coun-

terclaim as a defense, the court must, if justice

requires, treat the pleading as though it were cor-

rectly designated, and may impose terms for doing

so.

(d) Pleading to Be Concise and Direct; Alterna-

tive Statements; Inconsistency.

(1)

In General. Each allegation must be simple,

concise, and direct. No technical form is required.

(2) Alternative Statements of a Claim or Defense.

A party may set out two or more statements of a

claim or defense alternatively or hypothetically, ei-

ther in a single count or defense or in separate ones.

If a party makes alternative statements, the pleading

is sufficient if any one of them is sufficient.

(3) Inconsistent Claims or Defenses. A party may

state as many separate claims or defenses as it has,

regardless of consistency.

(e) Construing Pleadings. Pleadings must be con-

strued so as to do justice.

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Rule 9. Pleading Special Matters

(a) Capacity or Authority to Sue; Legal

Existence.

(1) In General. Except when required to show that

the court has jurisdiction, a pleading need not allege:

(A) a party’s capacity to sue or be sued;

(B) a party’s authority to sue or be sued in a

representative capacity; or

ciation of persons that is made a party.

(2)

Raising Those Issues. To raise any of those

issues, a party must do so by a speciﬁc denial, which

must state any supporting facts that are peculiarly

within the party’s knowledge.

(b) Fraud or Mistake; Conditions of Mind. In

alleging fraud or mistake, a party must state with

particularity the circumstances constituting fraud or

mistake. Malice, intent, knowledge, and other condi-

tions of a person’s mind may be alleged generally.

precedent, it suffices to allege generally that all condi-

tions precedent have occurred or been performed. But

when denying that a condition precedent has occurred

or been performed, a party must do so with particular-

ity.

(d) Official Document or Act. In pleading an official

document or official act, it suffices to allege that the

document was legally issued or the act legally done.

(e) Judgment. In pleading a judgment or decision of

a domestic or foreign court, a judicial or quasi-judicial

tribunal, or a board or officer, it suffices to plead the

judgment or decision without showing jurisdiction to

render it.

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(f) Time and Place. An allegation of time or place is

material when testing the sufficiency of a pleading.

(g) Special Damages. If an item of special damage

is claimed, it must be speciﬁcally stated.

(h) Admiralty or Maritime Claim.

(1) How Designated. If a claim for relief is within

the admiralty or maritime jurisdiction and also within

the court’s subject-matter jurisdiction on some other

ground, the pleading may designate the claim as an

admiralty or maritime claim for purposes of Rules

14(c), 38(e), and 82 and the Supplemental Rules for

Admiralty or Maritime Claims and Asset Forfeiture

Actions. A claim cognizable only in the admiralty or

maritime jurisdiction is an admiralty or maritime

claim for those purposes, whether or not so desig-

nated.

(2)

Designation for Appeal. A case that includes

an admiralty or maritime claim within this subdivision

(h) is an admiralty case within 28 U.S.C. §

1292(a)(3).

Rule 10. Form of Pleadings

(a) Caption; Names of Parties. Every pleading

must have a caption with the court’s name, a title, a ﬁle

number, and a Rule 7(a) designation. The title of the

complaint must name all the parties; the title of other

pleadings, after naming the ﬁrst party on each side,

may refer generally to other parties.

(b) Paragraphs; Separate Statements. A party

must state its claims or defenses in numbered para-

graphs, each limited as far as practicable to a single

set of circumstances. A later pleading may refer by

number to a paragraph in an earlier pleading. If doing

so would promote clarity, each claim founded on a

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separate transaction or occurrence—and each de-

fense other than a denial—must be stated in a sepa-

rate count or defense.

in a pleading may be adopted by reference elsewhere

in the same pleading or in any other pleading or

motion. A copy of a written instrument that is an exhibit

to a pleading is a part of the pleading for all purposes.

Rule 11. Signing Pleadings, Motions, and Other

Papers; Representations to the Court;

Sanctions

(a) Signature. Every pleading, written motion, and

other paper must be signed by at least one attorney of

record in the attorney’s name—or by a party personally

if the party is unrepresented. The paper must state the

signer’s address, e-mail address, and telephone num-

ber. Unless a rule or statute speciﬁcally states other-

wise, a pleading need not be veriﬁed or accompanied

by an affidavit. The court must strike an unsigned

paper unless the omission is promptly corrected after

being called to the attorney’s or party’s attention.

(b) Representations to the Court. By presenting to

the court a pleading, written motion, or other paper—

whether by signing, ﬁling, submitting, or later advocat-

ing it—an attorney or unrepresented party certiﬁes that

to the best of the person’s knowledge, information, and

belief, formed after an inquiry reasonable under the

circumstances:

(1) it is not being presented for any improper

purpose, such as to harass, cause unnecessary

delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal conten-

tions are warranted by existing law or by a nonfrivo-

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lous argument for extending, modifying, or reversing

existing law or for establishing new law;

(3) the factual contentions have evidentiary sup-

port or, if speciﬁcally so identiﬁed, will likely have

evidentiary support after a reasonable opportunity

for further investigation or discovery; and

(4) the denials of factual contentions are war-

ranted on the evidence or, if speciﬁcally so identiﬁed,

are reasonably based on belief or a lack of informa-

tion.

(1)

In General. If, after notice and a reasonable

opportunity to respond, the court determines that

Rule 11(b) has been violated, the court may impose

an appropriate sanction on any attorney, law ﬁrm, or

party that violated the rule or is responsible for the

violation. Absent exceptional circumstances, a law

ﬁrm must be held jointly responsible for a violation

committed by its partner, associate, or employee.

(2)

Motion for Sanctions. A motion for sanctions

must be made separately from any other motion and

must describe the speciﬁc conduct that allegedly

violates Rule 11(b). The motion must be served

under Rule 5, but it must not be ﬁled or be presented

to the court if the challenged paper, claim, defense,

contention, or denial is withdrawn or appropriately

corrected within 21 days after service or within

another time the court sets. If warranted, the court

may award to the prevailing party the reasonable

expenses, including attorney’s fees, incurred for the

motion.

(3)

On the Court’s Initiative. On its own, the court

may order an attorney, law ﬁrm, or party to show

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cause why conduct speciﬁcally described in the

order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed

under this rule must be limited to what suffices to

deter repetition of the conduct or comparable con-

duct by others similarly situated. The sanction may

include nonmonetary directives; an order to pay a

penalty into court; or, if imposed on motion and

warranted for effective deterrence, an order directing

payment to the movant of part or all of the reason-

able attorney’s fees and other expenses directly

resulting from the violation.

(5)

Limitations on Monetary Sanctions. The court

must not impose a monetary sanction:

(A) against a represented party for violating

Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause

order under Rule 11(c)(3) before voluntary dis-

missal or settlement of the claims made by or

against the party that is, or whose attorneys are, to

be sanctioned.

(6)

Requirements for an Order. An order imposing

a sanction must describe the sanctioned conduct

and explain the basis for the sanction.

(d) Inapplicability to Discovery. This rule does not

apply to disclosures and discovery requests, re-

sponses, objections, and motions under Rules 26

through 37.

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Rule 12. Defenses and Objections: when and How

Presented; Motion for Judgment on

the Pleadings; Consolidating Mo-

tions; Waiving Defenses; Pretrial

Hearing [Effective until December 1,

2024]

(a) Time to Serve a Responsive Pleading.

(1) In General. Unless another time is speciﬁed by

this rule or a federal statute, the time for serving a

responsive pleading is as follows:

(A) A defendant must serve an answer:

(i) within 21 days after being served with the

summons and complaint; or

(ii) if it has timely waived service under Rule

4(d), within 60 days after the request for a

waiver was sent, or within 90 days after it was

sent to the defendant outside any judicial district

of the United States.

(B) A party must serve an answer to a counter-

claim or crossclaim within 21 days after being

served with the pleading that states the counter-

claim or crossclaim.

within 21 days after being served with an order to

reply, unless the order speciﬁes a different time.

(2)

United States and Its Agencies, Officers, or

Employees Sued in an Official Capacity. The United

States, a United States agency, or a United States

officer or employee sued only in an official capacity

must serve an answer to a complaint, counterclaim,

or crossclaim within 60 days after service on the

United States attorney.

(3) United States Officers or Employees Sued in

an Individual Capacity. A United States officer or

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employee sued in an individual capacity for an act or

omission occurring in connection with duties per-

formed on the United States’ behalf must serve an

answer to a complaint, counterclaim, or crossclaim

within 60 days after service on the officer or em-

ployee or service on the United States attorney,

whichever is later.

(4)

Effect of a Motion. Unless the court sets a

different time, serving a motion under this rule alters

these periods as follows:

(A) if the court denies the motion or postpones

its disposition until trial, the responsive pleading

must be served within 14 days after notice of the

court’s action; or

(B) if the court grants a motion for a more

deﬁnite statement, the responsive pleading must

be served within 14 days after the more deﬁnite

statement is served.

(b) How to Present Defenses. Every defense to a

claim for relief in any pleading must be asserted in the

responsive pleading if one is required. But a party may

assert the following defenses by motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be

granted; and

(7) failure to join a party under Rule 19.

A motion asserting any of these defenses must be

made before pleading if a responsive pleading is

allowed. If a pleading sets out a claim for relief that

does not require a responsive pleading, an opposing

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party may assert at trial any defense to that claim. No

defense or objection is waived by joining it with one or

more other defenses or objections in a responsive

pleading or in a motion.

the pleadings are closed—but early enough not to

delay trial—a party may move for judgment on the

pleadings.

(d) Result of Presenting Matters Outside the

Pleadings. If, on a motion under Rule 12(b)(6) or

12(c), matters outside the pleadings are presented to

and not excluded by the court, the motion must be

treated as one for summary judgment under Rule 56.

All parties must be given a reasonable opportunity to

present all the material that is pertinent to the motion.

(e) Motion for a More Deﬁnite Statement. A party

may move for a more deﬁnite statement of a pleading

to which a responsive pleading is allowed but which is

so vague or ambiguous that the party cannot reason-

ably prepare a response. The motion must be made

before ﬁling a responsive pleading and must point out

the defects complained of and the details desired. If the

court orders a more deﬁnite statement and the order is

not obeyed within 14 days after notice of the order or

within the time the court sets, the court may strike the

pleading or issue any other appropriate order.

(f) Motion to Strike. The court may strike from a

pleading an insufficient defense or any redundant,

immaterial, impertinent, or scandalous matter. The

court may act:

(1) on its own; or

(2) on motion made by a party either before

responding to the pleading or, if a response is not

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allowed, within 21 days after being served with the

pleading.

(g) Joining Motions.

(1) Right to Join. A motion under this rule may be

joined with any other motion allowed by this rule.

(2) Limitation on Further Motions. Except as pro-

vided in Rule 12(h)(2) or (3), a party that makes a

motion under this rule must not make another motion

under this rule raising a defense or objection that

was available to the party but omitted from its earlier

motion.

(h) Waiving and Preserving Certain Defenses.

(1) When Some Are Waived. A party waives any

defense listed in Rule 12(b)(2)–(5) by:

(A) omitting it from a motion in the circum-

stances described in Rule 12(g)(2); or

(B) failing to either:

(i) make it by motion under this rule; or

(ii) include it in a responsive pleading or in an

amendment allowed by Rule 15(a)(1) as a mat-

ter of course.

(2)

When to Raise Others. Failure to state a claim

upon which relief can be granted, to join a person

required by Rule 19(b), or to state a legal defense to

a claim may be raised:

(A) in any pleading allowed or ordered under

Rule 7(a);

(B) by a motion under Rule 12(c); or

(3)

Lack of Subject-Matter Jurisdiction. If the court

determines at any time that it lacks subject-matter

jurisdiction, the court must dismiss the action.

(i) Hearing Before Trial. If a party so moves, any

defense listed in Rule 12(b)(1)–(7)—whether made in a

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pleading or by motion—and a motion under Rule 12(c)

must be heard and decided before trial unless the court

orders a deferral until trial.

HISTORY; ANCILLARY LAWS AND DIRECTIVES

Prospective amendments:

By order dated April 2, 2024, the Supreme Court of the United States

approved the following amendments to Rule 12, effective Dec. 1, 2024,

and authorized their transmission to Congress in accordance with 28

USCS § 2074:

Rule 12. Defenses and Objections: When and How Presented;

Motion for Judgment on the Pleadings; Consolidating Motions;

Waiving Defenses; Pretrial Hearing

(a) Time to Serve a Responsive Pleading. Unless another time is

speciﬁed by a federal statute, the time for serving a responsive

pleading is as follows:

(1) In General.

(A) A defendant must serve an answer:

*****

Rule 13. Counterclaim and Crossclaim

(a) Compulsory Counterclaim.

(1)

In General. A pleading must state as a coun-

terclaim any claim that—at the time of its service—

the pleader has against an opposing party if the

claim:

(A) arises out of the transaction or occurrence

that is the subject matter of the opposing party’s

claim; and

(B) does not require adding another party over

whom the court cannot acquire jurisdiction.

(2)

Exceptions. The pleader need not state the

claim if:

(A) when the action was commenced, the claim

was the subject of another pending action; or

(B) the opposing party sued on its claim by

attachment or other process that did not establish

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personal jurisdiction over the pleader on that

claim, and the pleader does not assert any coun-

terclaim under this rule.

(b) Permissive Counterclaim. A pleading may

state as a counterclaim against an opposing party any

claim that is not compulsory.

claim need not diminish or defeat the recovery sought

by the opposing party. It may request relief that ex-

ceeds in amount or differs in kind from the relief sought

by the opposing party.

(d) Counterclaim Against the United States.

These rules do not expand the right to assert a

counterclaim—or to claim a credit—against the United

States or a United States officer or agency.

(e) Counterclaim Maturing or Acquired After

Pleading. The court may permit a party to ﬁle a

supplemental pleading asserting a counterclaim that

matured or was acquired by the party after serving an

earlier pleading.

(f) [Abrogated]

(g) Crossclaim Against a Coparty. A pleading may

state as a crossclaim any claim by one party against a

coparty if the claim arises out of the transaction or

occurrence that is the subject matter of the original

action or of a counterclaim, or if the claim relates to any

property that is the subject matter of the original action.

The crossclaim may include a claim that the coparty is

or may be liable to the crossclaimant for all or part of a

claim asserted in the action against the crossclaimant.

(h) Joining Additional Parties. Rules 19 and 20

govern the addition of a person as a party to a

counterclaim or crossclaim.

(i) Separate Trials; Separate Judgments. If the

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court orders separate trials under Rule 42(b), it may

enter judgment on a counterclaim or crossclaim under

Rule 54(b) when it has jurisdiction to do so, even if the

opposing party’s claims have been dismissed or oth-

erwise resolved.

Rule 14. Third-Party Practice

(a) When a Defending Party May Bring in a Third

Party.

(1)

Timing of the Summons and Complaint. A

defending party may, as third-party plaintiff, serve a

summons and complaint on a nonparty who is or

may be liable to it for all or part of the claim against

it. But the third-party plaintiff must, by motion, obtain

the court’s leave if it ﬁles the third-party complaint

more than 14 days after serving its original answer.

(2)

Third-Party Defendant’s Claims and De-

fenses. The person served with the summons and

third-party complaint—the “third-party defendant”:

(A) must assert any defense against the third-

party plaintiff’s claim under Rule 12;

(B) must assert any counterclaim against the

third-party plaintiff under Rule 13(a), and may

assert any counterclaim against the third-party

plaintiff under Rule 13(b) or any crossclaim

against another third-party defendant under Rule

13(g);

that the third-party plaintiff has to the plaintiff’s

claim; and

(D) may also assert against the plaintiff any

claim arising out of the transaction or occurrence

that is the subject matter of the plaintiff’s claim

against the third-party plaintiff.

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(3) Plaintiff’s Claims Against a Third-Party Defen-

dant. The plaintiff may assert against the third-party

defendant any claim arising out of the transaction or

occurrence that is the subject matter of the plaintiff’s

claim against the third-party plaintiff. The third-party

defendant must then assert any defense under Rule

12 and any counterclaim under Rule 13(a), and may

assert any counterclaim under Rule 13(b) or any

crossclaim under Rule 13(g).

(4)

Motion to Strike, Sever, or Try Separately. Any

party may move to strike the third-party claim, to

sever it, or to try it separately.

(5) Third-Party Defendant’s Claim Against a Non-

party. A third-party defendant may proceed under

this rule against a nonparty who is or may be liable to

the third-party defendant for all or part of any claim

against it.

(6) Third-Party Complaint In Rem. If it is within the

admiralty or maritime jurisdiction, a third-party com-

plaint may be in rem. In that event, a reference in this

rule to the “summons” includes the warrant of arrest,

and a reference to the defendant or third-party

plaintiff includes, when appropriate, a person who

asserts a right under Supplemental Rule C(6)(a)(i) in

the property arrested.

(b) When a Plaintiff May Bring in a Third Party.

When a claim is asserted against a plaintiff, the plaintiff

may bring in a third party if this rule would allow a

defendant to do so.

(1)

Scope of Impleader. If a plaintiff asserts an

admiralty or maritime claim under Rule 9(h), the

defendant or a person who asserts a right under

Supplemental Rule C(6)(a)(i) may, as a third-party

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plaintiff, bring in a third-party defendant who may be

wholly or partly liable—either to the plaintiff or to the

third-party plaintiff—for remedy over, contribution, or

otherwise on account of the same transaction, oc-

currence, or series of transactions or occurrences.

(2) Defending Against a Demand for Judgment for

the Plaintiff.

The third-party plaintiff may demand

judgment in the plaintiff’s favor against the third-party

defendant. In that event, the third-party defendant

must defend under Rule 12 against the plaintiff’s

claim as well as the third-party plaintiff’s claim; and

the action proceeds as if the plaintiff had sued both

the third-party defendant and the third-party plaintiff.

Rule 15. Amended and Supplemental Pleadings

(a) Amendments Before Trial.

(1) Amending as a Matter of Course. A party may

amend its pleading once as a matter of course no

later than:

(A) 21 days after serving it, or

(B) if the pleading is one to which a responsive

pleading is required, 21 days after service of a

responsive pleading or 21 days after service of a

motion under Rule 12(b), (e), or (f), whichever is

earlier.

(2) Other Amendments. In all other cases, a party

may amend its pleading only with the opposing

party’s written consent or the court’s leave. The court

should freely give leave when justice so requires.

(3) Time to Respond. Unless the court orders

otherwise, any required response to an amended

pleading must be made within the time remaining to

respond to the original pleading or within 14 days

after service of the amended pleading, whichever is

later.

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(b) Amendments During and After Trial.

(1) Based on an Objection at Trial. If, at trial, a

party objects that evidence is not within the issues

raised in the pleadings, the court may permit the

pleadings to be amended. The court should freely

permit an amendment when doing so will aid in

presenting the merits and the objecting party fails to

satisfy the court that the evidence would prejudice

that party’s action or defense on the merits. The

court may grant a continuance to enable the object-

ing party to meet the evidence.

(2)

For Issues Tried by Consent. When an issue

not raised by the pleadings is tried by the parties’

express or implied consent, it must be treated in all

respects as if raised in the pleadings. A party may

move—at any time, even after judgment—to amend

the pleadings to conform them to the evidence and

to raise an unpleaded issue. But failure to amend

does not affect the result of the trial of that issue.

(1) When an Amendment Relates Back. An

amendment to a pleading relates back to the date of

the original pleading when:

(A) the law that provides the applicable statute

of limitations allows relation back;

(B) the amendment asserts a claim or defense

that arose out of the conduct, transaction, or

occurrence set out—or attempted to be set out—in

the original pleading; or

naming of the party against whom a claim is

asserted, if Rule 15(c)(1)(B) is satisﬁed and if,

within the period provided by Rule 4(m) for serving

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the summons and complaint, the party to be

brought in by amendment:

(i) received such notice of the action that it

will not be prejudiced in defending on the merits;

and

(ii) knew or should have known that the ac-

tion would have been brought against it, but for

a mistake concerning the proper party’s identity.

(2) Notice to the United States. When the United

States or a United States officer or agency is added

as a defendant by amendment, the notice require-

ments of Rule 15(c)(1)(C)(i) and (ii) are satisﬁed if,

during the stated period, process was delivered or

mailed to the United States attorney or the United

States attorney’s designee, to the Attorney General

of the United States, or to the officer or agency.

(d) Supplemental Pleadings. On motion and rea-

sonable notice, the court may, on just terms, permit a

party to serve a supplemental pleading setting out any

transaction, occurrence, or event that happened after

the date of the pleading to be supplemented. The court

may permit supplementation even though the original

pleading is defective in stating a claim or defense. The

court may order that the opposing party plead to the

supplemental pleading within a speciﬁed time.

Rule 16. Pretrial Conferences; Scheduling; Man-

agement

(a) Purposes of a Pretrial Conference. In any

action, the court may order the attorneys and any

unrepresented parties to appear for one or more

pretrial conferences for such purposes as:

(1) expediting disposition of the action;

(2) establishing early and continuing control so

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that the case will not be protracted because of lack of

management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more

thorough preparation; and

(5) facilitating settlement.

(b) Scheduling.

(1) Scheduling Order. Except in categories of

actions exempted by local rule, the district judge —

or a magistrate judge when authorized by local rule

— must issue a scheduling order:

(A) after receiving the parties’ report under Rule

26(f); or

(B) after consulting with the parties’ attorneys

and any unrepresented parties at a scheduling

conference.

(2)

Time to Issue. The judge must issue the

scheduling order as soon as practicable, but unless

the judge ﬁnds good cause for delay, the judge must

issue it within the earlier of 90 days after any

defendant has been served with the complaint or 60

days after any defendant has appeared.

(3)

Contents of the Order.

(A) Required Contents. The scheduling order

must limit the time to join other parties, amend the

pleadings, complete discovery, and ﬁle motions.

(B) Permitted Contents. The scheduling order

may:

(i) modify the timing of disclosures under

Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;

(iii) provide for disclosure, discovery, or pres-

ervation of electronically stored information;

(iv) include any agreements the parties reach

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for asserting claims of privilege or of protection

as trial-preparation material after information is

produced, including agreements reached under

Federal Rule of Evidence 502;

(v) direct that before moving for an order

relating to discovery, the movant must request a

conference with the court;

(vi) set dates for pretrial conferences and for

trial; and

(vii) include other appropriate matters.

(4) Modifying a Schedule. A schedule may be

modiﬁed only for good cause and with the judge’s

consent.

a Pretrial Conference.

(1) Attendance. A represented party must autho-

rize at least one of its attorneys to make stipulations

and admissions about all matters that can reason-

ably be anticipated for discussion at a pretrial con-

ference. If appropriate, the court may require that a

party or its representative be present or reasonably

available by other means to consider possible settle-

ment.

(2)

Matters for Consideration. At any pretrial con-

ference, the court may consider and take appropri-

ate action on the following matters:

(A) formulating and simplifying the issues, and

eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or

desirable;

facts and documents to avoid unnecessary proof,

and ruling in advance on the admissibility of

evidence;

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(D) avoiding unnecessary proof and cumulative

evidence, and limiting the use of testimony under

Federal Rule of Evidence 702;

(E) determining the appropriateness and timing

of summary adjudication under Rule 56;

(F) controlling and scheduling discovery, in-

cluding orders affecting disclosures and discovery

under Rule 26 and Rules 29 through 37;

(G) identifying witnesses and documents,

scheduling the ﬁling and exchange of any pretrial

briefs, and setting dates for further conferences

and for trial;

(H) referring matters to a magistrate judge or a

master;

(I) settling the case and using special proce-

dures to assist in resolving the dispute when

authorized by statute or local rule;

(J) determining the form and content of the

pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing

potentially difficult or protracted actions that may

involve complex issues, multiple parties, difficult

legal questions, or unusual proof problems;

(M) ordering a separate trial under Rule 42(b)

of a claim, counterclaim, crossclaim, third-party

claim, or particular issue;

(N) ordering the presentation of evidence early

in the trial on a manageable issue that might, on

the evidence, be the basis for a judgment as a

matter of law under Rule 50(a) or a judgment on

partial ﬁndings under Rule 52(c);

(O) establishing a reasonable limit on the time

allowed to present evidence; and

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(P) facilitating in other ways the just, speedy,

and inexpensive disposition of the action.

(d) Pretrial Orders. After any conference under this

rule, the court should issue an order reciting the action

taken. This order controls the course of the action

unless the court modiﬁes it.

(e) Final Pretrial Conference and Orders. The

court may hold a ﬁnal pretrial conference to formulate

a trial plan, including a plan to facilitate the admission

of evidence. The conference must be held as close to

the start of trial as is reasonable, and must be attended

by at least one attorney who will conduct the trial for

each party and by any unrepresented party. The court

may modify the order issued after a ﬁnal pretrial

conference only to prevent manifest injustice.

(f) Sanctions.

(1)

In General. On motion or on its own, the court

may issue any just orders, including those autho-

rized by Rule 37(b)(2)(A)(ii)–(vii), if a party or its

attorney:

(A) fails to appear at a scheduling or other

pretrial conference;

(B) is substantially unprepared to partici-

pate—or does not participate in good faith—in the

conference; or

order.

(2) Imposing Fees and Costs. Instead of or in

addition to any other sanction, the court must order

the party, its attorney, or both to pay the reasonable

expenses—including attorney’s fees—incurred be-

cause of any noncompliance with this rule, unless

the noncompliance was substantially justiﬁed or

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other circumstances make an award of expenses

unjust.

TITLE IV.

PARTIES

Rule

17. Plaintiff and Defendant; Capacity; Public Officers

18. Joinder of Claims

19. Required Joinder of Parties

20. Permissive Joinder of Parties

21. Misjoinder and Nonjoinder of Parties

22. Interpleader

23. Class Actions

23.1. Derivative Actions

23.2. Actions Relating to Unincorporated Associations

24. Intervention

25. Substitution of Parties

Rule 17. Plaintiff and Defendant; Capacity; Public

Officers

(a) Real Party in Interest.

(1) Designation in General. An action must be

prosecuted in the name of the real party in interest.

The following may sue in their own names without

joining the person for whose beneﬁt the action is

brought:

(A) an executor;

(B) an administrator;

(D) a bailee;

(E) a trustee of an express trust;

(F) a party with whom or in whose name a

contract has been made for another’s beneﬁt; and

(G) a party authorized by statute.

(2)

Action in the Name of the United States for

Another’s Use or Beneﬁt. When a federal statute so

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provides, an action for another’s use or beneﬁt must

be brought in the name of the United States.

(3) Joinder of the Real Party in Interest. The court

may not dismiss an action for failure to prosecute in

the name of the real party in interest until, after an

objection, a reasonable time has been allowed for

the real party in interest to ratify, join, or be substi-

tuted into the action. After ratiﬁcation, joinder, or

substitution, the action proceeds as if it had been

originally commenced by the real party in interest.

(b) Capacity to Sue or Be Sued. Capacity to sue or

be sued is determined as follows:

(1) for an individual who is not acting in a repre-

sentative capacity, by the law of the individual’s

domicile;

(2) for a corporation, by the law under which it

was organized; and

(3) for all other parties, by the law of the state

where the court is located, except that:

(A) a partnership or other unincorporated asso-

ciation with no such capacity under that state’s law

may sue or be sued in its common name to

enforce a substantive right existing under the

United States Constitution or laws; and

(B) 28 U.S.C. §§ 754 and 959(a) govern the

capacity of a receiver appointed by a United

States court to sue or be sued in a United States

court.

(1)

With a Representative. The following repre-

sentatives may sue or defend on behalf of a minor or

an incompetent person:

(A) a general guardian;

(B) a committee;

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(D) a like ﬁduciary.

(2) Without a Representative. A minor or an in-

competent person who does not have a duly ap-

pointed representative may sue by a next friend or

by a guardian ad litem. The court must appoint a

guardian ad litem—or issue another appropriate

order—to protect a minor or incompetent person

who is unrepresented in an action.

(d) Public Officer’s Title and Name. A public offi-

cer who sues or is sued in an official capacity may be

designated by official title rather than by name, but the

court may order that the officer’s name be added.

Rule 18. Joinder of Claims

(a) In General. A party asserting a claim, counter-

claim, crossclaim, or third-party claim may join, as

independent or alternative claims, as many claims as it

has against an opposing party.

(b) Joinder of Contingent Claims. A party may join

two claims even though one of them is contingent on

the disposition of the other; but the court may grant

relief only in accordance with the parties’ relative

substantive rights. In particular, a plaintiff may state a

claim for money and a claim to set aside a conveyance

that is fraudulent as to that plaintiff, without ﬁrst obtain-

ing a judgment for the money.

Rule 19. Required Joinder of Parties

(a) Persons Required to Be Joined if Feasible.

(1)

Required Party. A person who is subject to

service of process and whose joinder will not deprive

the court of subject-matter jurisdiction must be joined

as a party if:

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(A) in that person’s absence, the court cannot

accord complete relief among existing parties; or

(B) that person claims an interest relating to the

subject of the action and is so situated that dis-

posing of the action in the person’s absence may:

(i) as a practical matter impair or impede the

person’s ability to protect the interest; or

(ii) leave an existing party subject to a sub-

stantial risk of incurring double, multiple, or

otherwise inconsistent obligations because of

the interest.

(2)

Joinder by Court Order. If a person has not

been joined as required, the court must order that

the person be made a party. A person who refuses to

join as a plaintiff may be made either a defendant or,

in a proper case, an involuntary plaintiff.

(3)

Venue. If a joined party objects to venue and

the joinder would make venue improper, the court

must dismiss that party.

(b) When Joinder Is Not Feasible. If a person who

is required to be joined if feasible cannot be joined, the

court must determine whether, in equity and good

conscience, the action should proceed among the

existing parties or should be dismissed. The factors for

the court to consider include:

(1) the extent to which a judgment rendered in the

person’s absence might prejudice that person or the

existing parties;

(2) the extent to which any prejudice could be

lessened or avoided by:

(A) protective provisions in the judgment;

(B) shaping the relief; or

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(3) whether a judgment rendered in the person’s

absence would be adequate; and

(4) whether the plaintiff would have an adequate

remedy if the action were dismissed for nonjoinder.

asserting a claim for relief, a party must state:

(1) the name, if known, of any person who is

required to be joined if feasible but is not joined; and

(2) the reasons for not joining that person.

(d) Exception for Class Actions. This rule is sub-

ject to Rule 23.

Rule 20. Permissive Joinder of Parties

(a) Persons Who May Join or Be Joined.

(1) Plaintiffs. Persons may join in one action as

plaintiffs if:

(A) they assert any right to relief jointly, sever-

ally, or in the alternative with respect to or arising

out of the same transaction, occurrence, or series

of transactions or occurrences; and

(B) any question of law or fact common to all

plaintiffs will arise in the action.

(2)

Defendants. Persons—as well as a vessel,

cargo, or other property subject to admiralty process

in rem—may be joined in one action as defendants

if:

(A) any right to relief is asserted against them

jointly, severally, or in the alternative with respect

to or arising out of the same transaction, occur-

rence, or series of transactions or occurrences;

and

(B) any question of law or fact common to all

defendants will arise in the action.

(3)

Extent of Relief. Neither a plaintiff nor a defen-

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dant need be interested in obtaining or defending

against all the relief demanded. The court may grant

judgment to one or more plaintiffs according to their

rights, and against one or more defendants accord-

ing to their liabilities.

(b) Protective Measures. The court may issue or-

ders—including an order for separate trials—to protect

a party against embarrassment, delay, expense, or

other prejudice that arises from including a person

against whom the party asserts no claim and who

asserts no claim against the party.

Rule 21. Misjoinder and Nonjoinder of Parties

Misjoinder of parties is not a ground for dismissing

an action. On motion or on its own, the court may at

any time, on just terms, add or drop a party. The court

may also sever any claim against a party.

Rule 22. Interpleader

(a) Grounds.

(1) By a Plaintiff. Persons with claims that may

expose a plaintiff to double or multiple liability may

be joined as defendants and required to interplead.

Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the

titles on which their claims depend, lack a com-

mon origin or are adverse and independent rather

than identical; or

(B) the plaintiff denies liability in whole or in part

to any or all of the claimants.

(2) By a Defendant. A defendant exposed to simi-

lar liability may seek interpleader through a cross-

claim or counterclaim.

(b) Relation to Other Rules and Statutes. This

rule supplements—and does not limit—the joinder of

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parties allowed by Rule 20. The remedy this rule

provides is in addition to—and does not supersede or

limit—the remedy provided by 28 U.S.C. §§ 1335,

1397, and 2361. An action under those statutes must

be conducted under these rules.

Rule 23. Class Actions

(a) Prerequisites. One or more members of a class

may sue or be sued as representative parties on behalf

of all members only if:

(1) the class is so numerous that joinder of all

members is impracticable;

(2) there are questions of law or fact common to

the class;

(3) the claims or defenses of the representative

parties are typical of the claims or defenses of the

class; and

(4) the representative parties will fairly and ad-

equately protect the interests of the class.

(b) Types of Class Actions. A class action may be

maintained if Rule 23(a) is satisﬁed and if:

(1) prosecuting separate actions by or against

individual class members would create a risk of:

(A) inconsistent or varying adjudications with

respect to individual class members that would

establish incompatible standards of conduct for

the party opposing the class; or

(B) adjudications with respect to individual

class members that, as a practical matter, would

be dispositive of the interests of the other mem-

bers not parties to the individual adjudications or

would substantially impair or impede their ability to

protect their interests;

(2) the party opposing the class has acted or

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refused to act on grounds that apply generally to the

class, so that ﬁnal injunctive relief or corresponding

declaratory relief is appropriate respecting the class

as a whole; or

(3) the court ﬁnds that the questions of law or fact

common to class members predominate over any

questions affecting only individual members, and

that a class action is superior to other available

methods for fairly and efficiently adjudicating the

controversy. The matters pertinent to these ﬁndings

include:

(A) the class members’ interests in individually

controlling the prosecution or defense of separate

actions;

(B) the extent and nature of any litigation con-

cerning the controversy already begun by or

against class members;

trating the litigation of the claims in the particular

forum; and

(D) the likely difficulties in managing a class

action.

bers; Judgment; Issues Classes; Subclasses.

(1)

Certiﬁcation Order.

(A) Time to Issue. At an early practicable time

after a person sues or is sued as a class repre-

sentative, the court must determine by order

whether to certify the action as a class action.

(B) Deﬁning the Class; Appointing Class Coun-

sel. An order that certiﬁes a class action must

deﬁne the class and the class claims, issues, or

defenses, and must appoint class counsel under

Rule 23(g).

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that grants or denies class certiﬁcation may be

altered or amended before ﬁnal judgment.

(2) Notice.

(A) For (b)(1) or (b)(2) Classes. For any class

certiﬁed under Rule 23(b)(1) or (b)(2), the court

may direct appropriate notice to the class.

(B) For (b)(3) Classes. For any class certiﬁed

under Rule 23(b)(3)—or upon ordering notice un-

der Rule 23(e)(1) to a class proposed to be

certiﬁed for purposes of settlement under Rule

23(b)(3)—the court must direct to class members

the best notice that is practicable under the cir-

cumstances, including individual notice to all

members who can be identiﬁed through reason-

able effort. The notice may be by one or more of

the following: United States mail, electronic

means, or other appropriate means. The notice

must clearly and concisely state in plain, easily

understood language:

(i) the nature of the action;

(ii) the deﬁnition of the class certiﬁed;

(iii) the class claims, issues, or defenses;

(iv) that a class member may enter an ap-

pearance through an attorney if the member so

desires;

(v) that the court will exclude from the class

any member who requests exclusion;

(vi) the time and manner for requesting ex-

clusion; and

(vii) the binding effect of a class judgment on

members under Rule 23(c)(3).

(3)

Judgment. Whether or not favorable to the

class, the judgment in a class action must:

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(A) for any class certiﬁed under Rule 23(b)(1) or

(b)(2), include and describe those whom the court

ﬁnds to be class members; and

(B) for any class certiﬁed under Rule 23(b)(3),

include and specify or describe those to whom the

Rule 23(c)(2) notice was directed, who have not

requested exclusion, and whom the court ﬁnds to

be class members.

(4)

Particular Issues. When appropriate, an action

may be maintained as a class action with respect to

particular issues.

(5) Subclasses. When appropriate, a class may

be divided into subclasses that are each treated as a

class under this rule.

(d) Conducting the Action.

(1) In General. In conducting an action under this

rule, the court may issue orders that:

(A) determine the course of proceedings or

prescribe measures to prevent undue repetition or

complication in presenting evidence or argument;

(B) require—to protect class members and

fairly conduct the action—giving appropriate no-

tice to some or all class members of:

(i) any step in the action;

(ii) the proposed extent of the judgment; or

(iii) the members’ opportunity to signify

whether they consider the representation fair

and adequate, to intervene and present claims

or defenses, or to otherwise come into the

action;

parties or on intervenors;

(D) require that the pleadings be amended to

eliminate allegations about representation of ab-

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sent persons and that the action proceed accord-

ingly; or

(E) deal with similar procedural matters.

(2) Combining and Amending Orders. An order

under Rule 23(d)(1) may be altered or amended

from time to time and may be combined with an

order under Rule 16.

(e) Settlement, Voluntary Dismissal, or Compro-

mise. The claims, issues, or defenses of a certiﬁed

class—or a class proposed to be certiﬁed for purposes

of settlement—may be settled, voluntarily dismissed,

or compromised only with the court’s approval. The

following procedures apply to a proposed settlement,

voluntary dismissal, or compromise:

(1)

Notice to the Class.

(A) Information That Parties Must Provide to

the Court.

The parties must provide the court with

information sufficient to enable it to determine

whether to give notice of the proposal to the class.

(B) Grounds for a Decision to Give Notice. The

court must direct notice in a reasonable manner to

all class members who would be bound by the

proposal if giving notice is justiﬁed by the parties’

showing that the court will likely be able to:

(i) approve the proposal under Rule 23(e)(2);

and

(ii) certify the class for purposes of judgment

on the proposal.

(2) Approval of the Proposal. If the proposal

would bind class members, the court may approve it

only after a hearing and only on ﬁnding that it is fair,

reasonable, and adequate after considering

whether:

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(A) the class representatives and class counsel

have adequately represented the class;

(B) the proposal was negotiated at arm’s

length;

taking into account:

(i) the costs, risks, and delay of trial and

appeal;

(ii) the effectiveness of any proposed method

of distributing relief to the class, including the

method of processing class-member claims;

(iii) the terms of any proposed award of attor-

ney’s fees, including timing of payment; and

(iv) any agreement required to be identiﬁed

under Rule 23(e)(3); and

(D) the proposal treats class members equita-

bly relative to each other.

(3) Identifying Agreements. The parties seeking

approval must ﬁle a statement identifying any agree-

ment made in connection with the proposal.

(4) New Opportunity to Be Excluded. If the class

action was previously certiﬁed under Rule 23(b)(3),

the court may refuse to approve a settlement unless

it affords a new opportunity to request exclusion to

individual class members who had an earlier oppor-

tunity to request exclusion but did not do so.

(5) Class-Member Objections.

(A) In General. Any class member may object

to the proposal if it requires court approval under

this subdivision (e). The objection must state

whether it applies only to the objector, to a speciﬁc

subset of the class, or to the entire class, and also

state with speciﬁcity the grounds for the objection.

(B) Court Approval Required for Payment in

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Connection with an Objection. Unless approved

by the court after a hearing, no payment or other

consideration may be provided in connection with:

(i) forgoing or withdrawing an objection, or

(ii) forgoing, dismissing, or abandoning an

appeal from a judgment approving the proposal.

approval under Rule 23(e)(5)(B) has not been

obtained before an appeal is docketed in the court

of appeals, the procedure of Rule 62.1 applies

while the appeal remains pending.

(f) Appeals. A court of appeals may permit an

appeal from an order granting or denying class-action

certiﬁcation under this rule, but not from an order under

Rule 23(e)(1). A party must ﬁle a petition for permission

to appeal with the circuit clerk within 14 days after the

order is entered, or within 45 days after the order is

entered if any party is the United States, a United

States agency, or a United States officer or employee

sued for an act or omission occurring in connection

with duties performed on the United States’ behalf. An

appeal does not stay proceedings in the district court

unless the district judge or the court of appeals so

orders.

(g) Class Counsel.

(1)

Appointing Class Counsel. Unless a statute

provides otherwise, a court that certiﬁes a class must

appoint class counsel. In appointing class counsel,

the court:

(A) must consider:

(i) the work counsel has done in identifying or

investigating potential claims in the action;

(ii) counsel’s experience in handling class

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actions, other complex litigation, and the types

of claims asserted in the action;

(iii) counsel’s knowledge of the applicable

law; and

(iv) the resources that counsel will commit to

representing the class;

(B) may consider any other matter pertinent to

counsel’s ability to fairly and adequately represent

the interests of the class;

vide information on any subject pertinent to the

appointment and to propose terms for attorney’s

fees and nontaxable costs;

(D) may include in the appointing order provi-

sions about the award of attorney’s fees or non-

taxable costs under Rule 23(h); and

(E) may make further orders in connection with

the appointment.

(2)

Standard for Appointing Class Counsel. When

one applicant seeks appointment as class counsel,

the court may appoint that applicant only if the

applicant is adequate under Rule 23(g)(1) and (4). If

more than one adequate applicant seeks appoint-

ment, the court must appoint the applicant best able

to represent the interests of the class.

(3) Interim Counsel. The court may designate

interim counsel to act on behalf of a putative class

before determining whether to certify the action as a

class action.

(4) Duty of Class Counsel. Class counsel must

fairly and adequately represent the interests of the

class.

(h) Attorney’s Fees and Nontaxable Costs. In a

certiﬁed class action, the court may award reasonable

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attorney’s fees and nontaxable costs that are autho-

rized by law or by the parties’ agreement. The following

procedures apply:

(1) A claim for an award must be made by motion

under Rule 54(d)(2), subject to the provisions of this

subdivision (h), at a time the court sets. Notice of the

motion must be served on all parties and, for motions

by class counsel, directed to class members in a

reasonable manner.

(2) A class member, or a party from whom pay-

ment is sought, may object to the motion.

(3) The court may hold a hearing and must ﬁnd

the facts and state its legal conclusions under Rule

52(a).

(4) The court may refer issues related to the

amount of the award to a special master or a

magistrate judge, as provided in Rule 54(d)(2)(D).

Rule 23.1. Derivative Actions

(a) Prerequisites. This rule applies when one or

more shareholders or members of a corporation or an

unincorporated association bring a derivative action to

enforce a right that the corporation or association may

properly assert but has failed to enforce. The derivative

action may not be maintained if it appears that the

plaintiff does not fairly and adequately represent the

interests of shareholders or members who are similarly

situated in enforcing the right of the corporation or

association.

(b) Pleading Requirements. The complaint must

be veriﬁed and must:

(1) allege that the plaintiff was a shareholder or

member at the time of the transaction complained of,

or that the plaintiff’s share or membership later

devolved on it by operation of law;

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(2) allege that the action is not a collusive one to

confer jurisdiction that the court would otherwise

lack; and

(3) state with particularity:

(A) any effort by the plaintiff to obtain the de-

sired action from the directors or comparable

authority and, if necessary, from the shareholders

or members; and

(B) the reasons for not obtaining the action or

not making the effort.

derivative action may be settled, voluntarily dismissed,

or compromised only with the court’s approval. Notice

of a proposed settlement, voluntary dismissal, or com-

promise must be given to shareholders or members in

the manner that the court orders.

Rule 23.2. Actions Relating to Unincorporated As-

sociations

This rule applies to an action brought by or against

the members of an unincorporated association as a

class by naming certain members as representative

parties. The action may be maintained only if it appears

that those parties will fairly and adequately protect the

interests of the association and its members. In con-

ducting the action, the court may issue any appropriate

orders corresponding with those in Rule 23(d), and the

procedure for settlement, voluntary dismissal, or com-

promise must correspond with the procedure in Rule

23(e).

Rule 24. Intervention

(a) Intervention of Right. On timely motion, the

court must permit anyone to intervene who:

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(1) is given an unconditional right to intervene by

a federal statute; or

(2) claims an interest relating to the property or

transaction that is the subject of the action, and is so

situated that disposing of the action may as a

practical matter impair or impede the movant’s ability

to protect its interest, unless existing parties ad-

equately represent that interest.

(b) Permissive Intervention.

(1) In General. On timely motion, the court may

permit anyone to intervene who:

(A) is given a conditional right to intervene by a

federal statute; or

(B) has a claim or defense that shares with the

main action a common question of law or fact.

(2) By a Government Officer or Agency. On timely

motion, the court may permit a federal or state

governmental officer or agency to intervene if a

party’s claim or defense is based on:

(A) a statute or executive order administered by

the officer or agency; or

(B) any regulation, order, requirement, or

agreement issued or made under the statute or

executive order.

(3)

Delay or Prejudice. In exercising its discretion,

the court must consider whether the intervention will

unduly delay or prejudice the adjudication of the

original parties’ rights.

intervene must be served on the parties as provided in

Rule 5. The motion must state the grounds for inter-

vention and be accompanied by a pleading that sets

out the claim or defense for which intervention is

sought.

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Rule 25. Substitution of Parties

(a) Death.

(1) Substitution if the Claim Is Not Extinguished. If

a party dies and the claim is not extinguished, the

court may order substitution of the proper party. A

motion for substitution may be made by any party or

by the decedent’s successor or representative. If the

motion is not made within 90 days after service of a

statement noting the death, the action by or against

the decedent must be dismissed.

(2)

Continuation Among the Remaining Parties.

After a party’s death, if the right sought to be

enforced survives only to or against the remaining

parties, the action does not abate, but proceeds in

favor of or against the remaining parties. The death

should be noted on the record.

(3)

Service. A motion to substitute, together with a

notice of hearing, must be served on the parties as

provided in Rule 5 and on nonparties as provided in

Rule 4. A statement noting death must be served in

the same manner. Service may be made in any

judicial district.

(b) Incompetency. If a party becomes incompetent,

the court may, on motion, permit the action to be

continued by or against the party’s representative. The

motion must be served as provided in Rule 25(a)(3).

the action may be continued by or against the original

party unless the court, on motion, orders the transferee

to be substituted in the action or joined with the original

party. The motion must be served as provided in Rule

25(a)(3).

(d) Public Officers; Death or Separation from

Office. An action does not abate when a public officer

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who is a party in an official capacity dies, resigns, or

otherwise ceases to hold office while the action is

pending. The officer’s successor is automatically sub-

stituted as a party. Later proceedings should be in the

substituted party’s name, but any misnomer not affect-

ing the parties’ substantial rights must be disregarded.

The court may order substitution at any time, but the

absence of such an order does not affect the substitu-

tion.

TITLE V.

DISCLOSURES AND DISCOVERY

Rule

26. Duty to Disclose; General Provisions Governing Discovery

27. Depositions to Perpetuate Testimony

28. Persons Before Whom Depositions May Be Taken

29. Stipulations About Discovery Procedure

30. Depositions by Oral Examination

31. Depositions by Written Questions

32. Using Depositions in Court Proceedings

33. Interrogatories to Parties

34. Producing Documents, Electronically Stored Information, and

Tangible Things, or Entering onto Land, for Inspection

and Other Purposes

35. Physical and Mental Examinations

36. Requests for Admission

37. Failure to Make Disclosures or to Cooperate in Discovery; Sanc-

tions

Rule 26. Duty to Disclose; General Provisions

Governing Discovery

(a) Required Disclosures.

(1) Initial Disclosure.

(A) In General. Except as exempted by Rule

26(a)(1)(B) or as otherwise stipulated or ordered

by the court, a party must, without awaiting a

discovery request, provide to the other parties:

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(i) the name and, if known, the address and

telephone number of each individual likely to

have discoverable information—along with the

subjects of that information—that the disclosing

party may use to support its claims or defenses,

unless the use would be solely for impeach-

ment;

(ii) a copy—or a description by category and

location—of all documents, electronically stored

information, and tangible things that the disclos-

ing party has in its possession, custody, or

control and may use to support its claims or

defenses, unless the use would be solely for

impeachment;

(iii) a computation of each category of dam-

ages claimed by the disclosing party—who must

also make available for inspection and copying

as under Rule 34 the documents or other evi-

dentiary material, unless privileged or protected

from disclosure, on which each computation is

based, including materials bearing on the nature

and extent of injuries suffered; and

(iv) for inspection and copying as under Rule

34, any insurance agreement under which an

insurance business may be liable to satisfy all or

part of a possible judgment in the action or to

indemnify or reimburse for payments made to

satisfy the judgment.

(B) Proceedings Exempt from Initial Disclosure.

The following proceedings are exempt from initial

disclosure:

(i) an action for review on an administrative

record;

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(ii) a forfeiture action in rem arising from a

federal statute;

(iii) a petition for habeas corpus or any other

proceeding to challenge a criminal conviction or

sentence;

(iv) an action brought without an attorney by

a person in the custody of the United States, a

state, or a state subdivision;

(v) an action to enforce or quash an admin-

istrative summons or subpoena;

(vi) an action by the United States to recover

beneﬁt payments;

(vii) an action by the United States to collect

on a student loan guaranteed by the United

States;

(viii) a proceeding ancillary to a proceeding in

another court; and

(ix) an action to enforce an arbitration award.

party must make the initial disclosures at or within

14 days after the parties’ Rule 26(f) conference

unless a different time is set by stipulation or court

order, or unless a party objects during the confer-

ence that initial disclosures are not appropriate in

this action and states the objection in the pro-

posed discovery plan. In ruling on the objection,

the court must determine what disclosures, if any,

are to be made and must set the time for disclo-

sure.

(D) Time for Initial Disclosures—For Parties

Served or Joined Later. A party that is ﬁrst served

or otherwise joined after the Rule 26(f) conference

must make the initial disclosures within 30 days

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after being served or joined, unless a different time

is set by stipulation or court order.

(E) Basis for Initial Disclosure; Unacceptable

Excuses. A party must make its initial disclosures

based on the information then reasonably avail-

able to it. A party is not excused from making its

disclosures because it has not fully investigated

the case or because it challenges the sufficiency

of another party’s disclosures or because another

party has not made its disclosures.

(2)

Disclosure of Expert Testimony.

(A) In General. In addition to the disclosures

required by Rule 26(a)(1), a party must disclose to

the other parties the identity of any witness it may

use at trial to present evidence under Federal Rule

of Evidence 702, 703, or 705.

(B) Witnesses Who Must Provide a Written

Report. Unless otherwise stipulated or ordered by

the court, this disclosure must be accompanied by

a written report—prepared and signed by the

witness—if the witness is one retained or specially

employed to provide expert testimony in the case

or one whose duties as the party’s employee

regularly involve giving expert testimony. The re-

port must contain:

(i) a complete statement of all opinions the

witness will express and the basis and reasons

for them;

(ii) the facts or data considered by the wit-

ness in forming them;

(iii) any exhibits that will be used to summa-

rize or support them;

(iv) the witness’s qualiﬁcations, including a

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list of all publications authored in the previous

10 years;

(v) a list of all other cases in which, during the

previous 4 years, the witness testiﬁed as an

expert at trial or by deposition; and

(vi) a statement of the compensation to be

paid for the study and testimony in the case.

Report. Unless otherwise stipulated or ordered by

the court, if the witness is not required to provide a

written report, this disclosure must state:

(i) the subject matter on which the witness is

expected to present evidence under Federal

Rule of Evidence 702, 703, or 705; and

(ii) a summary of the facts and opinions to

which the witness is expected to testify.

(D) Time to Disclose Expert Testimony. A party

must make these disclosures at the times and in

the sequence that the court orders. Absent a

stipulation or a court order, the disclosures must

be made:

(i) at least 90 days before the date set for trial

or for the case to be ready for trial; or

(ii) if the evidence is intended solely to con-

tradict or rebut evidence on the same subject

matter identiﬁed by another party under Rule

26(a)(2)(B) or (C), within 30 days after the other

party’s disclosure.

(E) Supplementing the Disclosure. The parties

must supplement these disclosures when required

under Rule 26(e).

(3)

Pretrial Disclosures.

(A) In General. In addition to the disclosures

required by Rule 26(a)(1) and (2), a party must

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provide to the other parties and promptly ﬁle the

following information about the evidence that it

may present at trial other than solely for impeach-

ment:

(i) the name and, if not previously provided,

the address and telephone number of each

witness—separately identifying those the party

expects to present and those it may call if the

need arises;

(ii) the designation of those witnesses whose

testimony the party expects to present by depo-

sition and, if not taken stenographically, a tran-

script of the pertinent parts of the deposition;

and

(iii) an identiﬁcation of each document or

other exhibit, including summaries of other evi-

dence—separately identifying those items the

party expects to offer and those it may offer if the

need arises.

(B) Time for Pretrial Disclosures; Objections.

Unless the court orders otherwise, these disclo-

sures must be made at least 30 days before trial.

Within 14 days after they are made, unless the

court sets a different time, a party may serve and

promptly ﬁle a list of the following objections: any

objections to the use under Rule 32(a) of a depo-

sition designated by another party under Rule

26(a)(3)(A)(ii); and any objection, together with the

grounds for it, that may be made to the admissi-

bility of materials identiﬁed under Rule

26(a)(3)(A)(iii). An objection not so made—except

for one under Federal Rule of Evidence 402 or

403—is waived unless excused by the court for

good cause.

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(4) Form of Disclosures. Unless the court orders

otherwise, all disclosures under Rule 26(a) must be

in writing, signed, and served.

(b) Discovery Scope and Limits.

(1) Scope in General. Unless otherwise limited by

court order, the scope of discovery is as follows:

Parties may obtain discovery regarding any nonprivi-

leged matter that is relevant to any party’s claim or

defense and proportional to the needs of the case,

considering the importance of the issues at stake in

the action, the amount in controversy, the parties’

relative access to relevant information, the parties’

resources, the importance of the discovery in resolv-

ing the issues, and whether the burden or expense

of the proposed discovery outweighs its likely ben-

eﬁt. Information within this scope of discovery need

not be admissible in evidence to be discoverable.

(2)

Limitations on Frequency and Extent.

(A) When Permitted. By order, the court may

alter the limits in these rules on the number of

depositions and interrogatories or on the length of

depositions under Rule 30. By order or local rule,

the court may also limit the number of requests

under Rule 36.

(B) Speciﬁc Limitations on Electronically Stored

Information. A party need not provide discovery of

electronically stored information from sources that

the party identiﬁes as not reasonably accessible

because of undue burden or cost. On motion to

compel discovery or for a protective order, the

party from whom discovery is sought must show

that the information is not reasonably accessible

because of undue burden or cost. If that showing

is made, the court may nonetheless order discov-

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ery from such sources if the requesting party

shows good cause, considering the limitations of

Rule 26(b)(2)(C). The court may specify condi-

tions for the discovery.

the court must limit the frequency or extent of

discovery otherwise allowed by these rules or by

local rule if it determines that:

(i) the discovery sought is unreasonably cu-

mulative or duplicative, or can be obtained from

some other source that is more convenient, less

burdensome, or less expensive;

(ii) the party seeking discovery has had

ample opportunity to obtain the information by

discovery in the action; or

(iii) the proposed discovery is outside the

scope permitted by Rule 26(b)(1).

(3)

Trial Preparation: Materials.

(A) Documents and Tangible Things. Ordinarily,

a party may not discover documents and tangible

things that are prepared in anticipation of litigation

or for trial by or for another party or its represen-

tative (including the other party’s attorney, consul-

tant, surety, indemnitor, insurer, or agent). But,

subject to Rule 26(b)(4), those materials may be

discovered if:

(i) they are otherwise discoverable under

Rule 26(b)(1); and

(ii) the party shows that it has substantial

need for the materials to prepare its case and

cannot, without undue hardship, obtain their

substantial equivalent by other means.

(B) Protection Against Disclosure. If the court

orders discovery of those materials, it must protect

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against disclosure of the mental impressions, con-

clusions, opinions, or legal theories of a party’s

attorney or other representative concerning the

litigation.

son may, on request and without the required

showing, obtain the person’s own previous state-

ment about the action or its subject matter. If the

request is refused, the person may move for a

court order, and Rule 37(a)(5) applies to the award

of expenses. A previous statement is either:

(i) a written statement that the person has

signed or otherwise adopted or approved; or

(ii) a contemporaneous stenographic, me-

chanical, electrical, or other recording—or a

transcription of it—that recites substantially ver-

batim the person’s oral statement.

(4)

Trial Preparation: Experts.

(A) Deposition of an Expert Who May Testify. A

party may depose any person who has been

identiﬁed as an expert whose opinions may be

presented at trial. If Rule 26(a)(2)(B) requires a

report from the expert, the deposition may be

conducted only after the report is provided.

(B) Trial-Preparation Protection for Draft Re-

ports or Disclosures. Rules 26(b)(3)(A) and (B)

protect drafts of any report or disclosure required

under Rule 26(a)(2), regardless of the form in

which the draft is recorded.

cations Between a Party’s Attorney and Expert

Witnesses. Rules 26(b)(3)(A) and (B) protect com-

munications between the party’s attorney and any

witness required to provide a report under Rule

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26(a)(2)(B), regardless of the form of the commu-

nications, except to the extent that the communi-

cations:

(i) relate to compensation for the expert’s

study or testimony;

(ii) identify facts or data that the party’s attor-

ney provided and that the expert considered in

forming the opinions to be expressed; or

(iii) identify assumptions that the party’s at-

torney provided and that the expert relied on in

forming the opinions to be expressed.

(D) Expert Employed Only for Trial Preparation.

Ordinarily, a party may not, by interrogatories or

deposition, discover facts known or opinions held

by an expert who has been retained or specially

employed by another party in anticipation of litiga-

tion or to prepare for trial and who is not expected

to be called as a witness at trial. But a party may

do so only:

(i) as provided in Rule 35(b); or

(ii) on showing exceptional circumstances

under which it is impracticable for the party to

obtain facts or opinions on the same subject by

other means.

(E) Payment. Unless manifest injustice would

result, the court must require that the party seek-

ing discovery:

(i) pay the expert a reasonable fee for time

spent in responding to discovery under Rule

26(b)(4)(A) or (D); and

(ii) for discovery under (D), also pay the other

party a fair portion of the fees and expenses it

reasonably incurred in obtaining the expert’s

facts and opinions.

Rules of Civil Procedure

(5) Claiming Privilege or Protecting Trial-Prepara-

tion Materials.

(A) Information Withheld. When a party with-

holds information otherwise discoverable by

claiming that the information is privileged or sub-

ject to protection as trial-preparation material, the

party must:

(i) expressly make the claim; and

(ii) describe the nature of the documents,

communications, or tangible things not pro-

duced or disclosed—and do so in a manner

that, without revealing information itself privi-

leged or protected, will enable other parties to

assess the claim.

(B) Information Produced. If information pro-

duced in discovery is subject to a claim of privilege

or of protection as trial-preparation material, the

party making the claim may notify any party that

received the information of the claim and the basis

for it. After being notiﬁed, a party must promptly

return, sequester, or destroy the speciﬁed informa-

tion and any copies it has; must not use or

disclose the information until the claim is resolved;

must take reasonable steps to retrieve the infor-

mation if the party disclosed it before being noti-

ﬁed; and may promptly present the information to

the court under seal for a determination of the

claim. The producing party must preserve the

information until the claim is resolved.

(1)

In General. A party or any person from whom

discovery is sought may move for a protective order

in the court where the action is pending — or as an

alternative on matters relating to a deposition, in the

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court for the district where the deposition will be

taken. The motion must include a certiﬁcation that

the movant has in good faith conferred or attempted

to confer with other affected parties in an effort to

resolve the dispute without court action. The court

may, for good cause, issue an order to protect a

party or person from annoyance, embarrassment,

oppression, or undue burden or expense, including

one or more of the following:

(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place

or the allocation of expenses, for the disclosure or

discovery;

the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or

limiting the scope of disclosure or discovery to

certain matters;

(E) designating the persons who may be pres-

ent while the discovery is conducted;

(F) requiring that a deposition be sealed and

opened only on court order;

(G) requiring that a trade secret or other conﬁ-

dential research, development, or commercial in-

formation not be revealed or be revealed only in a

speciﬁed way; and

(H) requiring that the parties simultaneously ﬁle

speciﬁed documents or information in sealed en-

velopes, to be opened as the court directs.

(2)

Ordering Discovery. If a motion for a protective

order is wholly or partly denied, the court may, on

just terms, order that any party or person provide or

permit discovery.

Rules of Civil Procedure

(3) Awarding Expenses. Rule 37(a)(5) applies to

the award of expenses.

(d) Timing and Sequence of Discovery.

(1) Timing. A party may not seek discovery from

any source before the parties have conferred as

required by Rule 26(f), except in a proceeding ex-

empted from initial disclosure under Rule

26(a)(1)(B), or when authorized by these rules, by

stipulation, or by court order.

(2) Early Rule 34 Requests.

(A) Time to Deliver. More than 21 days after the

summons and complaint are served on a party, a

request under Rule 34 may be delivered:

(i) to that party by any other party, and

(ii) by that party to any plaintiff or to any other

party that has been served.

(B) When Considered Served. The request is

considered to have been served at the ﬁrst Rule

26(f) conference.

(3)

Sequence. Unless the parties stipulate or the

court orders otherwise for the parties’ and witnesses’

convenience and in the interests of justice:

(A) methods of discovery may be used in any

sequence; and

(B) discovery by one party does not require any

other party to delay its discovery.

(e) Supplementing Disclosures and Responses.

(1) In General. A party who has made a disclosure

under Rule 26(a)—or who has responded to an

interrogatory, request for production, or request for

admission—must supplement or correct its disclo-

sure or response:

(A) in a timely manner if the party learns that in

some material respect the disclosure or response

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is incomplete or incorrect, and if the additional or

corrective information has not otherwise been

made known to the other parties during the dis-

covery process or in writing; or

(B) as ordered by the court.

(2) Expert Witness. For an expert whose report

must be disclosed under Rule 26(a)(2)(B), the par-

ty’s duty to supplement extends both to information

included in the report and to information given during

the expert’s deposition. Any additions or changes to

this information must be disclosed by the time the

party’s pretrial disclosures under Rule 26(a)(3) are

due.

(f) Conference of the Parties; Planning for

Discovery.

(1)

Conference Timing. Except in a proceeding

exempted from initial disclosure under Rule

26(a)(1)(B) or when the court orders otherwise, the

parties must confer as soon as practicable—and in

any event at least 21 days before a scheduling

conference is held or a scheduling order is due

under Rule 16(b).

(2)

Conference Content; Parties’ Responsibilities.

In conferring, the parties must consider the nature

and basis of their claims and defenses and the

possibilities for promptly settling or resolving the

case; make or arrange for the disclosures required

by Rule 26(a)(1); discuss any issues about preserv-

ing discoverable information; and develop a pro-

posed discovery plan. The attorneys of record and

all unrepresented parties that have appeared in the

case are jointly responsible for arranging the confer-

ence, for attempting in good faith to agree on the

proposed discovery plan, and for submitting to the

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court within 14 days after the conference a written

report outlining the plan. The court may order the

parties or attorneys to attend the conference in

person.

(3) Discovery Plan. A discovery plan must state

the parties’ views and proposals on:

(A) what changes should be made in the timing,

form, or requirement for disclosures under Rule

26(a), including a statement of when initial disclo-

sures were made or will be made;

(B) the subjects on which discovery may be

needed, when discovery should be completed,

and whether discovery should be conducted in

phases or be limited to or focused on particular

issues;

preservation of electronically stored information,

including the form or forms in which it should be

produced;

(D) any issues about claims of privilege or of

protection as trial-preparation materials, including

— if the parties agree on a procedure to assert

these claims after production — whether to ask

the court to include their agreement in an order

under Federal Rule of Evidence 502;

(E) what changes should be made in the limi-

tations on discovery imposed under these rules or

by local rule, and what other limitations should be

imposed; and

(F) any other orders that the court should issue

under Rule 26(c) or under Rule 16(b) and (c).

(4)

Expedited Schedule. If necessary to comply

with its expedited schedule for Rule 16(b) confer-

ences, a court may by local rule:

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(A) require the parties’ conference to occur less

than 21 days before the scheduling conference is

held or a scheduling order is due under Rule

16(b); and

(B) require the written report outlining the dis-

covery plan to be ﬁled less than 14 days after the

parties’ conference, or excuse the parties from

submitting a written report and permit them to

report orally on their discovery plan at the Rule

16(b) conference.

(g) Signing Disclosures and Discovery Re-

quests, Responses, and Objections.

(1)

Signature Required; Effect of Signature. Every

disclosure under Rule 26(a)(1) or (a)(3) and every

discovery request, response, or objection must be

signed by at least one attorney of record in the

attorney’s own name—or by the party personally, if

unrepresented—and must state the signer’s ad-

dress, e-mail address, and telephone number. By

signing, an attorney or party certiﬁes that to the best

of the person’s knowledge, information, and belief

formed after a reasonable inquiry:

(A) with respect to a disclosure, it is complete

and correct as of the time it is made; and

(B) with respect to a discovery request, re-

sponse, or objection, it is:

(i) consistent with these rules and warranted

by existing law or by a nonfrivolous argument for

extending, modifying, or reversing existing law,

or for establishing new law;

(ii) not interposed for any improper purpose,

such as to harass, cause unnecessary delay, or

needlessly increase the cost of litigation; and

(iii) neither unreasonable nor unduly burden-

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some or expensive, considering the needs of

the case, prior discovery in the case, the

amount in controversy, and the importance of

the issues at stake in the action.

(2) Failure to Sign. Other parties have no duty to

act on an unsigned disclosure, request, response, or

objection until it is signed, and the court must strike

it unless a signature is promptly supplied after the

omission is called to the attorney’s or party’s atten-

tion.

(3) Sanction for Improper Certiﬁcation. If a certiﬁ-

cation violates this rule without substantial justiﬁca-

tion, the court, on motion or on its own, must impose

an appropriate sanction on the signer, the party on

whose behalf the signer was acting, or both. The

sanction may include an order to pay the reasonable

expenses, including attorney’s fees, caused by the

violation.

Rule 27. Depositions to Perpetuate Testimony

(a) Before an Action is Filed.

(1) Petition. A person who wants to perpetuate

testimony about any matter cognizable in a United

States court may ﬁle a veriﬁed petition in the district

court for the district where any expected adverse

party resides. The petition must ask for an order

authorizing the petitioner to depose the named per-

sons in order to perpetuate their testimony. The

petition must be titled in the petitioner’s name and

must show:

(A) that the petitioner expects to be a party to

an action cognizable in a United States court but

cannot presently bring it or cause it to be brought;

(B) the subject matter of the expected action

and the petitioner’s interest;

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lish by the proposed testimony and the reasons to

perpetuate it;

(D) the names or a description of the persons

whom the petitioner expects to be adverse parties

and their addresses, so far as known; and

(E) the name, address, and expected sub-

stance of the testimony of each deponent.

(2) Notice and Service. At least 21 days before

the hearing date, the petitioner must serve each

expected adverse party with a copy of the petition

and a notice stating the time and place of the

hearing. The notice may be served either inside or

outside the district or state in the manner provided in

Rule 4. If that service cannot be made with reason-

able diligence on an expected adverse party, the

court may order service by publication or otherwise.

The court must appoint an attorney to represent

persons not served in the manner provided in Rule 4

and to cross-examine the deponent if an unserved

person is not otherwise represented. If any expected

adverse party is a minor or is incompetent, Rule

17(c) applies.

(3)

Order and Examination. If satisﬁed that per-

petuating the testimony may prevent a failure or

delay of justice, the court must issue an order that

designates or describes the persons whose deposi-

tions may be taken, speciﬁes the subject matter of

the examinations, and states whether the deposi-

tions will be taken orally or by written interrogatories.

The depositions may then be taken under these

rules, and the court may issue orders like those

authorized by Rules 34 and 35. A reference in these

rules to the court where an action is pending means,

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for purposes of this rule, the court where the petition

for the deposition was ﬁled.

(4) Using the Deposition. A deposition to perpetu-

ate testimony may be used under Rule 32(a) in any

later-ﬁled district-court action involving the same

subject matter if the deposition either was taken

under these rules or, although not so taken, would be

admissible in evidence in the courts of the state

where it was taken.

(b) Pending Appeal.

(1)

In General. The court where a judgment has

been rendered may, if an appeal has been taken or

may still be taken, permit a party to depose wit-

nesses to perpetuate their testimony for use in the

event of further proceedings in that court.

(2)

Motion. The party who wants to perpetuate

testimony may move for leave to take the deposi-

tions, on the same notice and service as if the action

were pending in the district court. The motion must

show:

(A) the name, address, and expected sub-

stance of the testimony of each deponent; and

(B) the reasons for perpetuating the testimony.

(3)

Court Order. If the court ﬁnds that perpetuat-

ing the testimony may prevent a failure or delay of

justice, the court may permit the depositions to be

taken and may issue orders like those authorized by

Rules 34 and 35. The depositions may be taken and

used as any other deposition taken in a pending

district-court action.

limit a court’s power to entertain an action to perpetu-

ate testimony.

Rules of Civil Procedure

Rule 28. Persons Before Whom Depositions May

Be Taken

(a) Within the United States.

(1) In General. Within the United States or a

territory or insular possession subject to United

States jurisdiction, a deposition must be taken be-

fore:

(A) an officer authorized to administer oaths

either by federal law or by the law in the place of

examination; or

(B) a person appointed by the court where the

action is pending to administer oaths and take

testimony.

(2) Deﬁnition of “Officer.” The term “officer” in

Rules 30, 31, and 32 includes a person appointed by

the court under this rule or designated by the parties

under Rule 29(a).

(b) In a Foreign Country.

(1)

In General. A deposition may be taken in a

foreign country:

(A) under an applicable treaty or convention;

(B) under a letter of request, whether or not

captioned a “letter rogatory”;

administer oaths either by federal law or by the law

in the place of examination; or

(D) before a person commissioned by the court

to administer any necessary oath and take testi-

mony.

(2)

Issuing a Letter of Request or a Commission.

A letter of request, a commission, or both may be

issued:

(A) on appropriate terms after an application

and notice of it; and

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(B) without a showing that taking the deposition

in another manner is impracticable or inconve-

nient.

(3) Form of a Request, Notice, or Commission.

When a letter of request or any other device is used

according to a treaty or convention, it must be

captioned in the form prescribed by that treaty or

convention. A letter of request may be addressed “To

the Appropriate Authority in [name of country].” A

deposition notice or a commission must designate

by name or descriptive title the person before whom

the deposition is to be taken.

(4)

Letter of Request—Admitting Evidence. Evi-

dence obtained in response to a letter of request

need not be excluded merely because it is not a

verbatim transcript, because the testimony was not

taken under oath, or because of any similar depar-

ture from the requirements for depositions taken

within the United States.

taken before a person who is any party’s relative,

employee, or attorney; who is related to or employed

by any party’s attorney; or who is ﬁnancially interested

in the action.

Rule 29. Stipulations About Discovery Procedure

Unless the court orders otherwise, the parties may

stipulate that:

(a) a deposition may be taken before any person, at

any time or place, on any notice, and in the manner

speciﬁed—in which event it may be used in the same

way as any other deposition; and

(b) other procedures governing or limiting discovery

be modiﬁed—but a stipulation extending the time for

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any form of discovery must have court approval if it

would interfere with the time set for completing discov-

ery, for hearing a motion, or for trial.

Rule 30. Depositions by Oral Examination

(a) When a Deposition May Be Taken.

(1) Without Leave. A party may, by oral questions,

depose any person, including a party, without leave

of court except as provided in Rule 30(a)(2). The

deponent’s attendance may be compelled by sub-

poena under Rule 45.

(2) With Leave. A party must obtain leave of court,

and the court must grant leave to the extent consis-

tent with Rule 26(b)(1) and (2):

(A) if the parties have not stipulated to the

deposition and:

(i) the deposition would result in more than

10 depositions being taken under this rule or

Rule 31 by the plaintiffs, or by the defendants, or

by the third-party defendants;

(ii) the deponent has already been deposed

in the case; or

(iii) the party seeks to take the deposition

before the time speciﬁed in Rule 26(d), unless

the party certiﬁes in the notice, with supporting

facts, that the deponent is expected to leave the

United States and be unavailable for examina-

tion in this country after that time; or

(B) if the deponent is conﬁned in prison.

(b) Notice of the Deposition; Other Formal

Requirements.

(1)

Notice in General. A party who wants to de-

pose a person by oral questions must give reason-

able written notice to every other party. The notice

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must state the time and place of the deposition and,

if known, the deponent’s name and address. If the

name is unknown, the notice must provide a general

description sufficient to identify the person or the

particular class or group to which the person be-

longs.

(2)

Producing Documents. If a subpoena duces

tecum is to be served on the deponent, the materials

designated for production, as set out in the sub-

poena, must be listed in the notice or in an attach-

ment. The notice to a party deponent may be accom-

panied by a request complying with Rule 34 to

produce documents and tangible things at the depo-

sition.

(3)

Method of Recording.

(A) Method Stated in the Notice. The party who

notices the deposition must state in the notice the

method for recording the testimony. Unless the

court orders otherwise, testimony may be re-

corded by audio, audiovisual, or stenographic

means. The noticing party bears the recording

costs. Any party may arrange to transcribe a

deposition.

(B) Additional Method. With prior notice to the

deponent and other parties, any party may desig-

nate another method for recording the testimony in

addition to that speciﬁed in the original notice.

That party bears the expense of the additional

record or transcript unless the court orders other-

wise.

(4)

By Remote Means. The parties may stipu-

late—or the court may on motion order—that a

deposition be taken by telephone or other remote

means. For the purpose of this rule and Rules 28(a),

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37(a)(2), and 37(b)(1), the deposition takes place

where the deponent answers the questions.

(5) Officer’s Duties.

(A) Before the Deposition. Unless the parties

stipulate otherwise, a deposition must be con-

ducted before an officer appointed or designated

under Rule 28. The officer must begin the deposi-

tion with an on-the-record statement that includes:

(i) the officer’s name and business address;

(ii) the date, time, and place of the deposi-

tion;

(iii) the deponent’s name;

(iv) the officer’s administration of the oath or

affirmation to the deponent; and

(v) the identity of all persons present.

(B) Conducting the Deposition; Avoiding Distor-

tion. If the deposition is recorded nonstenographi-

cally, the officer must repeat the items in Rule

30(b)(5)(A)(i)–(iii) at the beginning of each unit of

the recording medium. The deponent’s and attor-

neys’ appearance or demeanor must not be dis-

torted through recording techniques.

sition, the officer must state on the record that the

deposition is complete and must set out any

stipulations made by the attorneys about custody

of the transcript or recording and of the exhibits, or

about any other pertinent matters.

(6)

Notice or Subpoena Directed to an Organiza-

tion. In its notice or subpoena, a party may name as

the deponent a public or private corporation, a

partnership, an association, a governmental agency,

or other entity and must describe with reasonable

particularity the matters for examination. The named

Rules of Civil Procedure

organization must designate one or more officers,

directors, or managing agents, or designate other

persons who consent to testify on its behalf; and it

may set out the matters on which each person

designated will testify. Before or promptly after the

notice or subpoena is served, the serving party and

the organization must confer in good faith about the

matters for examination. A subpoena must advise a

nonparty organization of its duty to confer with the

serving party and to designate each person who will

testify. The persons designated must testify about

information known or reasonably available to the

organization. This paragraph (6) does not preclude a

deposition by any other procedure allowed by these

rules.

of the Examination; Objections; Written Questions.

(1)

Examination and Cross-Examination. The ex-

amination and cross-examination of a deponent pro-

ceed as they would at trial under the Federal Rules

of Evidence, except Rules 103 and 615. After putting

the deponent under oath or affirmation, the officer

must record the testimony by the method designated

under Rule 30(b)(3)(A). The testimony must be

recorded by the officer personally or by a person

acting in the presence and under the direction of the

officer.

(2)

Objections. An objection at the time of the

examination—whether to evidence, to a party’s con-

duct, to the officer’s qualiﬁcations, to the manner of

taking the deposition, or to any other aspect of the

deposition—must be noted on the record, but the

examination still proceeds; the testimony is taken

subject to any objection. An objection must be stated

Rules of Civil Procedure

concisely in a nonargumentative and nonsuggestive

manner. A person may instruct a deponent not to

answer only when necessary to preserve a privilege,

to enforce a limitation ordered by the court, or to

present a motion under Rule 30(d)(3).

(3) Participating Through Written Questions. In-

stead of participating in the oral examination, a party

may serve written questions in a sealed envelope on

the party noticing the deposition, who must deliver

them to the officer. The officer must ask the deponent

those questions and record the answers verbatim.

(d) Duration; Sanction; Motion to Terminate or

Limit.

(1)

Duration. Unless otherwise stipulated or or-

dered by the court, a deposition is limited to one day

of 7 hours. The court must allow additional time

consistent with Rule 26(b)(1) and (2) if needed to

fairly examine the deponent or if the deponent,

another person, or any other circumstance impedes

or delays the examination.

(2)

Sanction. The court may impose an appropri-

ate sanction—including the reasonable expenses

and attorney’s fees incurred by any party—on a

person who impedes, delays, or frustrates the fair

examination of the deponent.

(3) Motion to Terminate or Limit.

(A) Grounds. At any time during a deposition,

the deponent or a party may move to terminate or

limit it on the ground that it is being conducted in

bad faith or in a manner that unreasonably an-

noys, embarrasses, or oppresses the deponent or

party. The motion may be ﬁled in the court where

the action is pending or the deposition is being

taken. If the objecting deponent or party so de-

Rules of Civil Procedure

mands, the deposition must be suspended for the

time necessary to obtain an order.

(B) Order. The court may order that the depo-

sition be terminated or may limit its scope and

manner as provided in Rule 26(c). If terminated,

the deposition may be resumed only by order of

the court where the action is pending.

to the award of expenses.

(e) Review by the Witness; Changes.

(1) Review; Statement of Changes. On request by

the deponent or a party before the deposition is

completed, the deponent must be allowed 30 days

after being notiﬁed by the officer that the transcript or

recording is available in which:

(A) to review the transcript or recording; and

(B) if there are changes in form or substance, to

sign a statement listing the changes and the

reasons for making them.

(2)

Changes Indicated in the Officer’s Certiﬁcate.

The officer must note in the certiﬁcate prescribed by

Rule 30(f)(1) whether a review was requested and, if

so, must attach any changes the deponent makes

during the 30-day period.

(f) Certiﬁcation and Delivery; Exhibits; Copies of

the Transcript or Recording; Filing.

(1) Certiﬁcation and Delivery. The officer must

certify in writing that the witness was duly sworn and

that the deposition accurately records the witness’s

testimony. The certiﬁcate must accompany the re-

cord of the deposition. Unless the court orders

otherwise, the officer must seal the deposition in an

envelope or package bearing the title of the action

and marked “Deposition of [witness’s name]” and

Rules of Civil Procedure

must promptly send it to the attorney who arranged

for the transcript or recording. The attorney must

store it under conditions that will protect it against

loss, destruction, tampering, or deterioration.

(2) Documents and Tangible Things.

(A) Originals and Copies. Documents and tan-

gible things produced for inspection during a de-

position must, on a party’s request, be marked for

identiﬁcation and attached to the deposition. Any

party may inspect and copy them. But if the person

who produced them wants to keep the originals,

the person may:

(i) offer copies to be marked, attached to the

deposition, and then used as originals—after

giving all parties a fair opportunity to verify the

copies by comparing them with the originals; or

(ii) give all parties a fair opportunity to inspect

and copy the originals after they are marked—in

which event the originals may be used as if

attached to the deposition.

(B) Order Regarding the Originals. Any party

may move for an order that the originals be

attached to the deposition pending ﬁnal disposi-

tion of the case.

(3)

Copies of the Transcript or Recording. Unless

otherwise stipulated or ordered by the court, the

officer must retain the stenographic notes of a depo-

sition taken stenographically or a copy of the record-

ing of a deposition taken by another method. When

paid reasonable charges, the officer must furnish a

copy of the transcript or recording to any party or the

deponent.

(4) Notice of Filing. A party who ﬁles the deposi-

tion must promptly notify all other parties of the ﬁling.

Rules of Civil Procedure

(g) Failure to Attend a Deposition or Serve a

Subpoena; Expenses. A party who, expecting a de-

position to be taken, attends in person or by an

attorney may recover reasonable expenses for attend-

ing, including attorney’s fees, if the noticing party failed

to:

(1) attend and proceed with the deposition; or

(2) serve a subpoena on a nonparty deponent,

who consequently did not attend.

Rule 31. Depositions by Written Questions

(a) When a Deposition May Be Taken.

(1) Without Leave. A party may, by written ques-

tions, depose any person, including a party, without

leave of court except as provided in Rule 31(a)(2).

The deponent’s attendance may be compelled by

subpoena under Rule 45.

(2)

With Leave. A party must obtain leave of court,

and the court must grant leave to the extent consis-

tent with Rule 26(b)(1) and (2):

(A) if the parties have not stipulated to the

deposition and:

(i) the deposition would result in more than

10 depositions being taken under this rule or

Rule 30 by the plaintiffs, or by the defendants, or

by the third-party defendants;

(ii) the deponent has already been deposed

in the case; or

(iii) the party seeks to take a deposition be-

fore the time speciﬁed in Rule 26(d); or

(B) if the deponent is conﬁned in prison.

(3) Service; Required Notice. A party who wants

to depose a person by written questions must serve

them on every other party, with a notice stating, if

Rules of Civil Procedure

known, the deponent’s name and address. If the

name is unknown, the notice must provide a general

description sufficient to identify the person or the

particular class or group to which the person be-

longs. The notice must also state the name or

descriptive title and the address of the officer before

whom the deposition will be taken.

(4)

Questions Directed to an Organization. A pub-

lic or private corporation, a partnership, an associa-

tion, or a governmental agency may be deposed by

written questions in accordance with Rule 30(b)(6).

(5) Questions from Other Parties. Any questions

to the deponent from other parties must be served

on all parties as follows: cross-questions, within 14

days after being served with the notice and direct

questions; redirect questions, within 7 days after

being served with cross-questions; and recross-

questions, within 7 days after being served with

redirect questions. The court may, for good cause,

extend or shorten these times.

(b) Delivery to the Officer; Officer’s Duties. The

party who noticed the deposition must deliver to the

officer a copy of all the questions served and of the

notice. The officer must promptly proceed in the man-

ner provided in Rule 30(c), (e), and (f) to:

(1) take the deponent’s testimony in response to

the questions;

(2) prepare and certify the deposition; and

(3) send it to the party, attaching a copy of the

questions and of the notice.

(1)

Completion. The party who noticed the depo-

sition must notify all other parties when it is com-

pleted.

Rules of Civil Procedure

(2) Filing. A party who ﬁles the deposition must

promptly notify all other parties of the ﬁling.

Rule 32. Using Depositions in Court Proceedings

(a) Using Depositions.

(1) In General. At a hearing or trial, all or part of a

deposition may be used against a party on these

conditions:

(A) the party was present or represented at the

taking of the deposition or had reasonable notice

of it;

(B) it is used to the extent it would be admis-

sible under the Federal Rules of Evidence if the

deponent were present and testifying; and

(8).

(2) Impeachment and Other Uses. Any party may

use a deposition to contradict or impeach the testi-

mony given by the deponent as a witness, or for any

other purpose allowed by the Federal Rules of

Evidence.

(3) Deposition of Party, Agent, or Designee. An

adverse party may use for any purpose the deposi-

tion of a party or anyone who, when deposed, was

the party’s officer, director, managing agent, or des-

ignee under Rule 30(b)(6) or 31(a)(4).

(4) Unavailable Witness. A party may use for any

purpose the deposition of a witness, whether or not

a party, if the court ﬁnds:

(A) that the witness is dead;

(B) that the witness is more than 100 miles from

the place of hearing or trial or is outside the United

States, unless it appears that the witness’s ab-

sence was procured by the party offering the

deposition;

Rules of Civil Procedure

because of age, illness, inﬁrmity, or imprisonment;

(D) that the party offering the deposition could

not procure the witness’s attendance by sub-

poena; or

(E) on motion and notice, that exceptional cir-

cumstances make it desirable—in the interest of

justice and with due regard to the importance of

live testimony in open court—to permit the depo-

sition to be used.

(5)

Limitations on Use.

(A) Deposition Taken on Short Notice. A depo-

sition must not be used against a party who,

having received less than 14 days’ notice of the

deposition, promptly moved for a protective order

under Rule 26(c)(1)(B) requesting that it not be

taken or be taken at a different time or place—and

this motion was still pending when the deposition

was taken.

(B) Unavailable Deponent; Party Could Not Ob-

tain an Attorney. A deposition taken without leave

of court under the unavailability provision of Rule

30(a)(2)(A)(iii) must not be used against a party

who shows that, when served with the notice, it

could not, despite diligent efforts, obtain an attor-

ney to represent it at the deposition.

(6)

Using Part of a Deposition. If a party offers in

evidence only part of a deposition, an adverse party

may require the offeror to introduce other parts that

in fairness should be considered with the part intro-

duced, and any party may itself introduce any other

parts.

(7) Substituting a Party. Substituting a party under

Rules of Civil Procedure

Rule 25 does not affect the right to use a deposition

previously taken.

(8) Deposition Taken in an Earlier Action. A depo-

sition lawfully taken and, if required, ﬁled in any

federal- or state-court action may be used in a later

action involving the same subject matter between

the same parties, or their representatives or succes-

sors in interest, to the same extent as if taken in the

later action. A deposition previously taken may also

be used as allowed by the Federal Rules of Evi-

dence.

(b) Objections to Admissibility. Subject to Rules

28(b) and 32(d)(3), an objection may be made at a

hearing or trial to the admission of any deposition

testimony that would be inadmissible if the witness

were present and testifying.

otherwise, a party must provide a transcript of any

deposition testimony the party offers, but may provide

the court with the testimony in nontranscript form as

well. On any party’s request, deposition testimony

offered in a jury trial for any purpose other than

impeachment must be presented in nontranscript form,

if available, unless the court for good cause orders

otherwise.

(d) Waiver of Objections.

(1)

To the Notice. An objection to an error or

irregularity in a deposition notice is waived unless

promptly served in writing on the party giving the

notice.

(2) To the Officer’s Qualiﬁcation. An objection

based on disqualiﬁcation of the officer before whom

a deposition is to be taken is waived if not made:

(A) before the deposition begins; or

Rules of Civil Procedure

100

(B) promptly after the basis for disqualiﬁcation

becomes known or, with reasonable diligence,

could have been known.

(3) To the Taking of the Deposition.

(A) Objection to Competence, Relevance, or

Materiality. An objection to a deponent’s compe-

tence—or to the competence, relevance, or mate-

riality of testimony—is not waived by a failure to

make the objection before or during the deposi-

tion, unless the ground for it might have been

corrected at that time.

(B) Objection to an Error or Irregularity. An

objection to an error or irregularity at an oral

examination is waived if:

(i) it relates to the manner of taking the

deposition, the form of a question or answer, the

oath or affirmation, a party’s conduct, or other

matters that might have been corrected at that

time; and

(ii) it is not timely made during the deposition.

tion to the form of a written question under Rule 31

is waived if not served in writing on the party

submitting the question within the time for serving

responsive questions or, if the question is a re-

cross-question, within 7 days after being served

with it.

(4)

To Completing and Returning the Deposition.

An objection to how the officer transcribed the testi-

mony—or prepared, signed, certiﬁed, sealed, en-

dorsed, sent, or otherwise dealt with the deposi-

tion—is waived unless a motion to suppress is made

promptly after the error or irregularity becomes

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101

known or, with reasonable diligence, could have

been known.

Rule 33. Interrogatories to Parties

(a) In General.

(1) Number. Unless otherwise stipulated or or-

dered by the court, a party may serve on any other

party no more than 25 written interrogatories, includ-

ing all discrete subparts. Leave to serve additional

interrogatories may be granted to the extent consis-

tent with Rule 26(b)(1) and (2).

(2) Scope. An interrogatory may relate to any

matter that may be inquired into under Rule 26(b).

An interrogatory is not objectionable merely because

it asks for an opinion or contention that relates to fact

or the application of law to fact, but the court may

order that the interrogatory need not be answered

until designated discovery is complete, or until a

pretrial conference or some other time.

(b) Answers and Objections.

(1) Responding Party. The interrogatories must

be answered:

(A) by the party to whom they are directed; or

(B) if that party is a public or private corpora-

tion, a partnership, an association, or a govern-

mental agency, by any officer or agent, who must

furnish the information available to the party.

(2) Time to Respond. The responding party must

serve its answers and any objections within 30 days

after being served with the interrogatories. A shorter

or longer time may be stipulated to under Rule 29 or

be ordered by the court.

(3) Answering Each Interrogatory. Each interroga-

tory must, to the extent it is not objected to, be

answered separately and fully in writing under oath.

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102

(4) Objections. The grounds for objecting to an

interrogatory must be stated with speciﬁcity. Any

ground not stated in a timely objection is waived

unless the court, for good cause, excuses the failure.

(5) Signature. The person who makes the an-

swers must sign them, and the attorney who objects

must sign any objections.

to the extent allowed by the Federal Rules of Evidence.

(d) Option to Produce Business Records. If the

answer to an interrogatory may be determined by

examining, auditing, compiling, abstracting, or summa-

rizing a party’s business records (including electroni-

cally stored information), and if the burden of deriving

or ascertaining the answer will be substantially the

same for either party, the responding party may answer

by:

(1) specifying the records that must be reviewed,

in sufficient detail to enable the interrogating party to

locate and identify them as readily as the responding

party could; and

(2) giving the interrogating party a reasonable

opportunity to examine and audit the records and to

make copies, compilations, abstracts, or summaries.

Rule 34. Producing Documents, Electronically

Stored Information, and Tangible

Things, or Entering onto Land, for

Inspection and Other Purposes

(a) In General. A party may serve on any other party

a request within the scope of Rule 26(b):

(1) to produce and permit the requesting party or

its representative to inspect, copy, test, or sample

the following items in the responding party’s posses-

sion, custody, or control:

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103

(A) any designated documents or electronically

stored information—including writings, drawings,

graphs, charts, photographs, sound recordings,

images, and other data or data compilations—

stored in any medium from which information can

be obtained either directly or, if necessary, after

translation by the responding party into a reason-

ably usable form; or

(B) any designated tangible things; or

(2) to permit entry onto designated land or other

property possessed or controlled by the responding

party, so that the requesting party may inspect,

measure, survey, photograph, test, or sample the

property or any designated object or operation on it.

(b) Procedure.

(1)

Contents of the Request. The request:

(A) must describe with reasonable particularity

each item or category of items to be inspected;

(B) must specify a reasonable time, place, and

manner for the inspection and for performing the

related acts; and

electronically stored information is to be produced.

(2)

Responses and Objections.

(A) Time to Respond. The party to whom the

request is directed must respond in writing within

30 days after being served or — if the request was

delivered under Rule 26(d)(2) — within 30 days

after the parties’ ﬁrst Rule 26(f) conference. A

shorter or longer time may be stipulated to under

Rule 29 or be ordered by the court.

(B) Responding to Each Item. For each item or

category, the response must either state that

inspection and related activities will be permitted

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104

as requested or state with speciﬁcity the grounds

for objecting to the request, including the reasons.

The responding party may state that it will produce

copies of documents or of electronically stored

information instead of permitting inspection. The

production must then be completed no later than

the time for inspection speciﬁed in the request or

another reasonable time speciﬁed in the re-

sponse.

whether any responsive materials are being with-

held on the basis of that objection. An objection to

part of a request must specify the part and permit

inspection of the rest.

(D) Responding to a Request for Production of

Electronically Stored Information. The response

may state an objection to a requested form for

producing electronically stored information. If the

responding party objects to a requested form—or

if no form was speciﬁed in the request—the party

must state the form or forms it intends to use.

(E) Producing the Documents or Electronically

Stored Information. Unless otherwise stipulated or

ordered by the court, these procedures apply to

producing documents or electronically stored in-

formation:

(i) A party must produce documents as they

are kept in the usual course of business or must

organize and label them to correspond to the

categories in the request;

(ii) If a request does not specify a form for

producing electronically stored information, a

party must produce it in a form or forms in which

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105

it is ordinarily maintained or in a reasonably

usable form or forms; and

(iii) A party need not produce the same elec-

tronically stored information in more than one

form.

may be compelled to produce documents and tangible

things or to permit an inspection.

Rule 35. Physical and Mental Examinations

(a) Order for an Examination.

(1)

In General. The court where the action is

pending may order a party whose mental or physical

condition—including blood group—is in controversy

to submit to a physical or mental examination by a

suitably licensed or certiﬁed examiner. The court has

the same authority to order a party to produce for

examination a person who is in its custody or under

its legal control.

(2)

Motion and Notice; Contents of the Order. The

order:

(A) may be made only on motion for good

cause and on notice to all parties and the person

to be examined; and

(B) must specify the time, place, manner, con-

ditions, and scope of the examination, as well as

the person or persons who will perform it.

(b) Examiner’s Report.

(1) Request by the Party or Person Examined.

The party who moved for the examination must, on

request, deliver to the requester a copy of the

examiner’s report, together with like reports of all

earlier examinations of the same condition. The

request may be made by the party against whom the

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106

examination order was issued or by the person

examined.

(2) Contents. The examiner’s report must be in

writing and must set out in detail the examiner’s

ﬁndings, including diagnoses, conclusions, and the

results of any tests.

(3) Request by the Moving Party. After delivering

the reports, the party who moved for the examination

may request—and is entitled to receive—from the

party against whom the examination order was is-

sued like reports of all earlier or later examinations of

the same condition. But those reports need not be

delivered by the party with custody or control of the

person examined if the party shows that it could not

obtain them.

(4) Waiver of Privilege. By requesting and obtain-

ing the examiner’s report, or by deposing the exam-

iner, the party examined waives any privilege it may

have—in that action or any other action involving the

same controversy—concerning testimony about all

examinations of the same condition.

(5) Failure to Deliver a Report. The court on

motion may order—on just terms—that a party de-

liver the report of an examination. If the report is not

provided, the court may exclude the examiner’s

testimony at trial.

(6)

Scope. This subdivision (b) applies also to an

examination made by the parties’ agreement, unless

the agreement states otherwise. This subdivision

does not preclude obtaining an examiner’s report or

deposing an examiner under other rules.

Rule 36. Requests for Admission

(a) Scope and Procedure.

(1)

Scope. A party may serve on any other party a

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107

written request to admit, for purposes of the pending

action only, the truth of any matters within the scope

of Rule 26(b)(1) relating to:

(A) facts, the application of law to fact, or opin-

ions about either; and

(B) the genuineness of any described docu-

ments.

(2) Form; Copy of a Document. Each matter must

be separately stated. A request to admit the genu-

ineness of a document must be accompanied by a

copy of the document unless it is, or has been,

otherwise furnished or made available for inspection

and copying.

(3)

Time to Respond; Effect of Not Responding. A

matter is admitted unless, within 30 days after being

served, the party to whom the request is directed

serves on the requesting party a written answer or

objection addressed to the matter and signed by the

party or its attorney. A shorter or longer time for

responding may be stipulated to under Rule 29 or be

ordered by the court.

(4)

Answer. If a matter is not admitted, the answer

must speciﬁcally deny it or state in detail why the

answering party cannot truthfully admit or deny it. A

denial must fairly respond to the substance of the

matter; and when good faith requires that a party

qualify an answer or deny only a part of a matter, the

answer must specify the part admitted and qualify or

deny the rest. The answering party may assert lack

of knowledge or information as a reason for failing to

admit or deny only if the party states that it has made

reasonable inquiry and that the information it knows

or can readily obtain is insufficient to enable it to

admit or deny.

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108

(5) Objections. The grounds for objecting to a

request must be stated. A party must not object

solely on the ground that the request presents a

genuine issue for trial.

(6) Motion Regarding the Sufficiency of an An-

swer or Objection. The requesting party may move

to determine the sufficiency of an answer or objec-

tion. Unless the court ﬁnds an objection justiﬁed, it

must order that an answer be served. On ﬁnding that

an answer does not comply with this rule, the court

may order either that the matter is admitted or that

an amended answer be served. The court may defer

its ﬁnal decision until a pretrial conference or a

speciﬁed time before trial. Rule 37(a)(5) applies to

an award of expenses.

(b) Effect of an Admission; Withdrawing or

Amending It. A matter admitted under this rule is

conclusively established unless the court, on motion,

permits the admission to be withdrawn or amended.

Subject to Rule 16(e), the court may permit withdrawal

or amendment if it would promote the presentation of

the merits of the action and if the court is not per-

suaded that it would prejudice the requesting party in

maintaining or defending the action on the merits. An

admission under this rule is not an admission for any

other purpose and cannot be used against the party in

any other proceeding.

Rule 37. Failure to Make Disclosures or to Coop-

erate in Discovery; Sanctions

(a) Motion for an Order Compelling Disclosure

or Discovery.

(1)

In General. On notice to other parties and all

affected persons, a party may move for an order

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109

compelling disclosure or discovery. The motion must

include a certiﬁcation that the movant has in good

faith conferred or attempted to confer with the per-

son or party failing to make disclosure or discovery in

an effort to obtain it without court action.

(2) Appropriate Court. A motion for an order to a

party must be made in the court where the action is

pending. A motion for an order to a nonparty must be

made in the court where the discovery is or will be

taken.

(3)

Speciﬁc Motions.

(A) To Compel Disclosure. If a party fails to

make a disclosure required by Rule 26(a), any

other party may move to compel disclosure and for

appropriate sanctions.

(B) To Compel a Discovery Response. A party

seeking discovery may move for an order compel-

ling an answer, designation, production, or inspec-

tion. This motion may be made if:

(i) a deponent fails to answer a question

asked under Rule 30 or 31;

(ii) a corporation or other entity fails to make

a designation under Rule 30(b)(6) or 31(a)(4);

(iii) a party fails to answer an interrogatory

submitted under Rule 33; or

(iv) a party fails to produce documents or fails

to respond that inspection will be permitted — or

fails to permit inspection — as requested under

Rule 34.

oral deposition, the party asking a question may

complete or adjourn the examination before mov-

ing for an order.

(4)

Evasive or Incomplete Disclosure, Answer, or

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110

Response. For purposes of this subdivision (a), an

evasive or incomplete disclosure, answer, or re-

sponse must be treated as a failure to disclose,

answer, or respond.

(5) Payment of Expenses; Protective Orders.

(A) If the Motion Is Granted (or Disclosure or

Discovery Is Provided After Filing). If the motion is

granted—or if the disclosure or requested discov-

ery is provided after the motion was ﬁled—the

court must, after giving an opportunity to be heard,

require the party or deponent whose conduct

necessitated the motion, the party or attorney

advising that conduct, or both to pay the movant’s

reasonable expenses incurred in making the mo-

tion, including attorney’s fees. But the court must

not order this payment if:

(i) the movant ﬁled the motion before at-

tempting in good faith to obtain the disclosure or

discovery without court action;

(ii) the opposing party’s nondisclosure, re-

sponse, or objection was substantially justiﬁed;

(iii) other circumstances make an award of

expenses unjust.

(B) If the Motion Is Denied. If the motion is

denied, the court may issue any protective order

authorized under Rule 26(c) and must, after giving

an opportunity to be heard, require the movant,

the attorney ﬁling the motion, or both to pay the

party or deponent who opposed the motion its

reasonable expenses incurred in opposing the

motion, including attorney’s fees. But the court

must not order this payment if the motion was

Rules of Civil Procedure

111

substantially justiﬁed or other circumstances make

an award of expenses unjust.

in Part. If the motion is granted in part and denied

in part, the court may issue any protective order

authorized under Rule 26(c) and may, after giving

an opportunity to be heard, apportion the reason-

able expenses for the motion.

(b) Failure to Comply with a Court Order.

(1) Sanctions Sought in the District Where the

Deposition Is Taken. If the court where the discovery

is taken orders a deponent to be sworn or to answer

a question and the deponent fails to obey, the failure

may be treated as contempt of court. If a deposition-

related motion is transferred to the court where the

action is pending, and that court orders a deponent

to be sworn or to answer a question and the depo-

nent fails to obey, the failure may be treated as

contempt of either the court where the discovery is

taken or the court where the action is pending.

(2)

Sanctions Sought in the District Where the

Action Is Pending.

(A) For Not Obeying a Discovery Order. If a

party or a party’s officer, director, or managing

agent—or a witness designated under Rule

30(b)(6) or 31(a)(4)—fails to obey an order to

provide or permit discovery, including an order

under Rule 26(f), 35, or 37(a), the court where the

action is pending may issue further just orders.

They may include the following:

(i) directing that the matters embraced in the

order or other designated facts be taken as

established for purposes of the action, as the

prevailing party claims;

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112

(ii) prohibiting the disobedient party from sup-

porting or opposing designated claims or de-

fenses, or from introducing designated matters

in evidence;

(iii) striking pleadings in whole or in part;

(iv) staying further proceedings until the or-

der is obeyed;

(v) dismissing the action or proceeding in

whole or in part;

(vi) rendering a default judgment against the

disobedient party; or

(vii) treating as contempt of court the failure

to obey any order except an order to submit to a

physical or mental examination.

(B) For Not Producing a Person for Examina-

tion. If a party fails to comply with an order under

Rule 35(a) requiring it to produce another person

for examination, the court may issue any of the

orders listed in Rule 37(b)(2)(A)(i)–(vi), unless the

disobedient party shows that it cannot produce the

other person.

addition to the orders above, the court must order

the disobedient party, the attorney advising that

party, or both to pay the reasonable expenses,

including attorney’s fees, caused by the failure,

unless the failure was substantially justiﬁed or

other circumstances make an award of expenses

unjust.

Response, or to Admit.

(1)

Failure to Disclose or Supplement. If a party

fails to provide information or identify a witness as

required by Rule 26(a) or (e), the party is not allowed

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113

to use that information or witness to supply evidence

on a motion, at a hearing, or at a trial, unless the

failure was substantially justiﬁed or is harmless. In

addition to or instead of this sanction, the court, on

motion and after giving an opportunity to be heard:

(A) may order payment of the reasonable ex-

penses, including attorney’s fees, caused by the

failure;

(B) may inform the jury of the party’s failure;

and

including any of the orders listed in Rule

37(b)(2)(A)(i)–(vi).

(2)

Failure to Admit. If a party fails to admit what is

requested under Rule 36 and if the requesting party

later proves a document to be genuine or the matter

true, the requesting party may move that the party

who failed to admit pay the reasonable expenses,

including attorney’s fees, incurred in making that

proof. The court must so order unless:

(A) the request was held objectionable under

Rule 36(a);

(B) the admission sought was of no substantial

importance;

ground to believe that it might prevail on the

matter; or

(D) there was other good reason for the failure

to admit.

(d) Party’s Failure to Attend Its Own Deposition,

Serve Answers to Interrogatories, or Respond to a

Request for Inspection.

(1) In General.

(A) Motion; Grounds for Sanctions. The court

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114

where the action is pending may, on motion, order

sanctions if:

(i) a party or a party’s officer, director, or

managing agent—or a person designated under

Rule 30(b)(6) or 31(a)(4)—fails, after being

served with proper notice, to appear for that

person’s deposition; or

(ii) a party, after being properly served with

interrogatories under Rule 33 or a request for

inspection under Rule 34, fails to serve its

answers, objections, or written response.

(B) Certiﬁcation. A motion for sanctions for fail-

ing to answer or respond must include a certiﬁca-

tion that the movant has in good faith conferred or

attempted to confer with the party failing to act in

an effort to obtain the answer or response without

court action.

(2)

Unacceptable Excuse for Failing to Act. A

failure described in Rule 37(d)(1)(A) is not excused

on the ground that the discovery sought was objec-

tionable, unless the party failing to act has a pending

motion for a protective order under Rule 26(c).

(3) Types of Sanctions. Sanctions may include

any of the orders listed in Rule 37(b)(2)(A)(i)–(vi).

Instead of or in addition to these sanctions, the court

must require the party failing to act, the attorney

advising that party, or both to pay the reasonable

expenses, including attorney’s fees, caused by the

failure, unless the failure was substantially justiﬁed

or other circumstances make an award of expenses

unjust.

(e) Failure to Preserve Electronically Stored In-

formation. If electronically stored information that

should have been preserved in the anticipation or

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115

conduct of litigation is lost because a party failed to

take reasonable steps to preserve it, and it cannot be

restored or replaced through additional discovery, the

court:

(1) upon ﬁnding prejudice to another party from

loss of the information, may order measures no

greater than necessary to cure the prejudice; or

(2) only upon ﬁnding that the party acted with the

intent to deprive another party of the information’s

use in the litigation may:

(A) presume that the lost information was unfa-

vorable to the party;

(B) instruct the jury that it may or must presume

the information was unfavorable to the party; or

ment.

(f) Failure to Participate in Framing a Discovery

Plan. If a party or its attorney fails to participate in good

faith in developing and submitting a proposed discov-

ery plan as required by Rule 26(f), the court may, after

giving an opportunity to be heard, require that party or

attorney to pay to any other party the reasonable

expenses, including attorney’s fees, caused by the

failure.

TITLE VI.

TRIALS

Rule

38. Right to a Jury Trial; Demand

39. Trial by Jury or by the Court

40. Scheduling Cases for Trial

41. Dismissal of Actions

42. Consolidation; Separate Trials

43. Taking Testimony

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116

Rule

44. Proving an Official Record

44.1. Determining Foreign Law

45. Subpoena

46. Objecting to a Ruling or Order

47. Selecting Jurors

48. Number of Jurors; Verdict; Polling

49. Special Verdict; General Verdict and Questions

50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a

New Trial; Conditional Ruling

51. Instructions to the Jury; Objections; Preserving a Claim of Error

52. Findings and Conclusions by the Court; Judgment on Partial

Findings

53. Masters

Rule 38. Right to a Jury Trial; Demand

(a) Right Preserved. The right of trial by jury as

declared by the Seventh Amendment to the Constitu-

tion—or as provided by a federal statute—is preserved

to the parties inviolate.

(b) Demand. On any issue triable of right by a jury,

a party may demand a jury trial by:

(1) serving the other parties with a written de-

mand—which may be included in a pleading—no

later than 14 days after the last pleading directed to

the issue is served; and

(2) ﬁling the demand in accordance with Rule

5(d).

specify the issues that it wishes to have tried by a jury;

otherwise, it is considered to have demanded a jury

trial on all the issues so triable. If the party has

demanded a jury trial on only some issues, any other

party may—within 14 days after being served with the

demand or within a shorter time ordered by the court

—serve a demand for a jury trial on any other or all

factual issues triable by jury.

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117

(d) Waiver; Withdrawal. A party waives a jury trial

unless its demand is properly served and ﬁled. A

proper demand may be withdrawn only if the parties

consent.

(e) Admiralty and Maritime Claims. These rules

do not create a right to a jury trial on issues in a claim

that is an admiralty or maritime claim under Rule 9(h).

Rule 39. Trial by Jury or by the Court

(a) When a Demand Is Made. When a jury trial has

been demanded under Rule 38, the action must be

designated on the docket as a jury action. The trial on

all issues so demanded must be by jury unless:

(1) the parties or their attorneys ﬁle a stipulation to

a nonjury trial or so stipulate on the record; or

(2) the court, on motion or on its own, ﬁnds that on

some or all of those issues there is no federal right to

a jury trial.

(b) When No Demand Is Made. Issues on which a

jury trial is not properly demanded are to be tried by the

court. But the court may, on motion, order a jury trial on

any issue for which a jury might have been demanded.

action not triable of right by a jury, the court, on motion

or on its own:

(1) may try any issue with an advisory jury; or

(2) may, with the parties’ consent, try any issue by

a jury whose verdict has the same effect as if a jury

trial had been a matter of right, unless the action is

against the United States and a federal statute

provides for a nonjury trial.

Rule 40. Scheduling Cases for Trial

Each court must provide by rule for scheduling trials.

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118

The court must give priority to actions entitled to priority

by a federal statute.

Rule 41. Dismissal of Actions

(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules

23(e), 23.1(c), 23.2, and 66 and any applicable

federal statute, the plaintiff may dismiss an action

without a court order by ﬁling:

(i) a notice of dismissal before the opposing

party serves either an answer or a motion for

summary judgment; or

(ii) a stipulation of dismissal signed by all

parties who have appeared.

(B) Effect. Unless the notice or stipulation

states otherwise, the dismissal is without preju-

dice. But if the plaintiff previously dismissed any

federal- or state-court action based on or including

the same claim, a notice of dismissal operates as

an adjudication on the merits.

(2)

By Court Order; Effect. Except as provided in

Rule 41(a)(1), an action may be dismissed at the

plaintiff’s request only by court order, on terms that

the court considers proper. If a defendant has

pleaded a counterclaim before being served with the

plaintiff’s motion to dismiss, the action may be dis-

missed over the defendant’s objection only if the

counterclaim can remain pending for independent

adjudication. Unless the order states otherwise, a

dismissal under this paragraph (2) is without preju-

dice.

(b) Involuntary Dismissal; Effect. If the plaintiff

fails to prosecute or to comply with these rules or a

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119

court order, a defendant may move to dismiss the

action or any claim against it. Unless the dismissal

order states otherwise, a dismissal under this subdivi-

sion (b) and any dismissal not under this rule—except

one for lack of jurisdiction, improper venue, or failure to

join a party under Rule 19—operates as an adjudica-

tion on the merits.

Third-Party Claim. This rule applies to a dismissal of

any counterclaim, crossclaim, or third-party claim. A

claimant’s voluntary dismissal under Rule

41(a)(1)(A)(i) must be made:

(1) before a responsive pleading is served; or

(2) if there is no responsive pleading, before

evidence is introduced at a hearing or trial.

(d) Costs of a Previously Dismissed Action. If a

plaintiff who previously dismissed an action in any

court ﬁles an action based on or including the same

claim against the same defendant, the court:

(1) may order the plaintiff to pay all or part of the

costs of that previous action; and

(2) may stay the proceedings until the plaintiff has

complied.

Rule 42. Consolidation; Separate Trials

(a) Consolidation. If actions before the court in-

volve a common question of law or fact, the court may:

(1) join for hearing or trial any or all matters at

issue in the actions;

(2) consolidate the actions; or

(3) issue any other orders to avoid unnecessary

cost or delay.

(b) Separate Trials. For convenience, to avoid

prejudice, or to expedite and economize, the court may

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120

order a separate trial of one or more separate issues,

claims, crossclaims, counterclaims, or third-party

claims. When ordering a separate trial, the court must

preserve any federal right to a jury trial.

Rule 43. Taking Testimony

(a) In Open Court. At trial, the witnesses’ testimony

must be taken in open court unless a federal statute,

the Federal Rules of Evidence, these rules, or other

rules adopted by the Supreme Court provide other-

wise. For good cause in compelling circumstances and

with appropriate safeguards, the court may permit

testimony in open court by contemporaneous transmis-

sion from a different location.

(b) Affirmation Instead of an Oath. When these

rules require an oath, a solemn affirmation suffices.

facts outside the record, the court may hear the matter

on affidavits or may hear it wholly or partly on oral

testimony or on depositions.

(d) Interpreter. The court may appoint an inter-

preter of its choosing; ﬁx reasonable compensation to

be paid from funds provided by law or by one or more

parties; and tax the compensation as costs.

Rule 44. Proving an Official Record

(a) Means of Proving.

(1)

Domestic Record. Each of the following evi-

dences an official record—or an entry in it—that is

otherwise admissible and is kept within the United

States, any state, district, or commonwealth, or any

territory subject to the administrative or judicial juris-

diction of the United States:

(A) an official publication of the record; or

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121

(B) a copy attested by the officer with legal

custody of the record—or by the officer’s deputy

—and accompanied by a certiﬁcate that the officer

has custody. The certiﬁcate must be made under

seal:

(i) by a judge of a court of record in the district

or political subdivision where the record is kept;

(ii) by any public officer with a seal of office

and with official duties in the district or political

subdivision where the record is kept.

(2)

Foreign Record.

(A) In General. Each of the following evidences

a foreign official record—or an entry in it—that is

otherwise admissible:

(i) an official publication of the record; or

(ii) the record—or a copy—that is attested by

an authorized person and is accompanied either

by a ﬁnal certiﬁcation of genuineness or by a

certiﬁcation under a treaty or convention to

which the United States and the country where

the record is located are parties.

(B) Final Certiﬁcation of Genuineness. A ﬁnal

certiﬁcation must certify the genuineness of the

signature and official position of the attester or of

any foreign official whose certiﬁcate of genuine-

ness relates to the attestation or is in a chain of

certiﬁcates of genuineness relating to the attesta-

tion. A ﬁnal certiﬁcation may be made by a secre-

tary of a United States embassy or legation; by a

consul general, vice consul, or consular agent of

the United States; or by a diplomatic or consular

official of the foreign country assigned or accred-

ited to the United States.

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122

had a reasonable opportunity to investigate a

foreign record’s authenticity and accuracy, the

court may, for good cause, either:

(i) admit an attested copy without ﬁnal certi-

ﬁcation; or

(ii) permit the record to be evidenced by an

attested summary with or without a ﬁnal certiﬁ-

cation.

(b) Lack of a Record. A written statement that a

diligent search of designated records revealed no

record or entry of a speciﬁed tenor is admissible as

evidence that the records contain no such record or

entry. For domestic records, the statement must be

authenticated under Rule 44(a)(1). For foreign records,

the statement must comply with (a)(2)(C)(ii).

record—or an entry or lack of an entry in it—by any

other method authorized by law.

Rule 44.1. Determining Foreign Law

A party who intends to raise an issue about a foreign

country’s law must give notice by a pleading or other

writing. In determining foreign law, the court may

consider any relevant material or source, including

testimony, whether or not submitted by a party or

admissible under the Federal Rules of Evidence. The

court’s determination must be treated as a ruling on a

question of law.

Rule 45. Subpoena

(a) In General.

(1) Form and Contents.

(A) Requirements—In General. Every sub-

poena must:

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123

(i) state the court from which it issued;

(ii) state the title of the action and its civil-

action number;

(iii) command each person to whom it is

directed to do the following at a speciﬁed time

and place: attend and testify; produce desig-

nated documents, electronically stored informa-

tion, or tangible things in that person’s posses-

sion, custody, or control; or permit the

inspection of premises; and

(iv) set out the text of Rule 45(d) and (e).

(B) Command to Attend a Deposition—Notice

of the Recording Method. A subpoena command-

ing attendance at a deposition must state the

method for recording the testimony.

Produce or to Permit Inspection; Specifying the

Form for Electronically Stored Information. A com-

mand to produce documents, electronically stored

information, or tangible things or to permit the

inspection of premises may be included in a

subpoena commanding attendance at a deposi-

tion, hearing, or trial, or may be set out in a

separate subpoena. A subpoena may specify the

form or forms in which electronically stored infor-

mation is to be produced.

(D) Command to Produce; Included Obliga-

tions. A command in a subpoena to produce

documents, electronically stored information, or

tangible things requires the responding party to

permit inspection, copying, testing, or sampling of

the materials.

(2)

Issuing Court. A subpoena must issue from the

court where the action is pending.

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124

(3) Issued by Whom. The clerk must issue a

subpoena, signed but otherwise in blank, to a party

who requests it. That party must complete it before

service. An attorney also may issue and sign a

subpoena if the attorney is authorized to practice in

the issuing court.

(4)

Notice to Other Parties Before Service. If the

subpoena commands the production of documents,

electronically stored information, or tangible things

or the inspection of premises before trial, then before

it is served on the person to whom it is directed, a

notice and a copy of the subpoena must be served

on each party.

(b) Service.

(1)

By Whom and How; Tendering Fees. Any

person who is at least 18 years old and not a party

may serve a subpoena. Serving a subpoena re-

quires delivering a copy to the named person and, if

the subpoena requires that person’s attendance,

tendering the fees for 1 day’s attendance and the

mileage allowed by law. Fees and mileage need not

be tendered when the subpoena issues on behalf of

the United States or any of its officers or agencies.

(2)

Service in the United States. A subpoena may

be served at any place within the United States.

(3) Service in a Foreign Country. 28 U.S.C. §

1783 governs issuing and serving a subpoena di-

rected to a United States national or resident who is

in a foreign country.

(4) Proof of Service. Proving service, when nec-

essary, requires ﬁling with the issuing court a state-

ment showing the date and manner of service and

the names of the persons served. The statement

must be certiﬁed by the server.

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125

(1) For a Trial, Hearing, or Deposition. A sub-

poena may command a person to attend a trial,

hearing, or deposition only as follows:

(A) within 100 miles of where the person re-

sides, is employed, or regularly transacts business

in person; or

(B) within the state where the person resides, is

employed, or regularly transacts business in per-

son, if the person

(i) is a party or a party’s officer; or

(ii) is commanded to attend a trial and would

not incur substantial expense.

(2)

For Other Discovery. A subpoena may com-

mand:

(A) production of documents, electronically

stored information, or tangible things at a place

within 100 miles of where the person resides, is

employed, or regularly transacts business in per-

son; and

(B) inspection of premises at the premises to be

inspected.

(d) Protecting a Person Subject to a Subpoena;

Enforcement.

(1) Avoiding Undue Burden or Expense; Sanc-

tions. A party or attorney responsible for issuing and

serving a subpoena must take reasonable steps to

avoid imposing undue burden or expense on a

person subject to the subpoena. The court for the

district where compliance is required must enforce

this duty and impose an appropriate sanction—

which may include lost earnings and reasonable

attorney’s fees—on a party or attorney who fails to

comply.

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126

(2) Command to Produce Materials or Permit

Inspection.

(A) Appearance Not Required. A person com-

manded to produce documents, electronically

stored information, or tangible things, or to permit

the inspection of premises, need not appear in

person at the place of production or inspection

unless also commanded to appear for a deposi-

tion, hearing, or trial.

(B) Objections. A person commanded to pro-

duce documents or tangible things or to permit

inspection may serve on the party or attorney

designated in the subpoena a written objection to

inspecting, copying, testing, or sampling any or all

of the materials or to inspecting the premises—or

to producing electronically stored information in

the form or forms requested. The objection must

be served before the earlier of the time speciﬁed

for compliance or 14 days after the subpoena is

served. If an objection is made, the following rules

apply:

(i) At any time, on notice to the commanded

person, the serving party may move the court

for the district where compliance is required for

an order compelling production or inspection.

(ii) These acts may be required only as di-

rected in the order, and the order must protect a

person who is neither a party nor a party’s

officer from signiﬁcant expense resulting from

compliance.

(3)

Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court

for the district where compliance is required must

quash or modify a subpoena that:

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127

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the

geographical limits speciﬁed in Rule 45(c);

(iii) requires disclosure of privileged or other

protected matter, if no exception or waiver ap-

plies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person sub-

ject to or affected by a subpoena, the court for the

district where compliance is required may, on

motion, quash or modify the subpoena if it re-

quires:

(i) disclosing a trade secret or other conﬁden-

tial research, development, or commercial infor-

mation; or

(ii) disclosing an unretained expert’s opinion

or information that does not describe speciﬁc

occurrences in dispute and results from the

expert’s study that was not requested by a party.

the circumstances described in Rule 45(d)(3)(B),

the court may, instead of quashing or modifying a

subpoena, order appearance or production under

speciﬁed conditions if the serving party:

(i) shows a substantial need for the testimony

or material that cannot be otherwise met without

undue hardship; and

(ii) ensures that the subpoenaed person will

be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1)

Producing Documents or Electronically Stored

Information. These procedures apply to producing

documents or electronically stored information:

(A) Documents. A person responding to a sub-

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128

poena to produce documents must produce them

as they are kept in the ordinary course of business

or must organize and label them to correspond to

the categories in the demand.

(B) Form for Producing Electronically Stored

Information Not Speciﬁed. If a subpoena does not

specify a form for producing electronically stored

information, the person responding must produce

it in a form or forms in which it is ordinarily

maintained or in a reasonably usable form or

forms.

in Only One Form. The person responding need

not produce the same electronically stored infor-

mation in more than one form.

(D) Inaccessible Electronically Stored Informa-

tion. The person responding need not provide

discovery of electronically stored information from

sources that the person identiﬁes as not reason-

ably accessible because of undue burden or cost.

On motion to compel discovery or for a protective

order, the person responding must show that the

information is not reasonably accessible because

of undue burden or cost. If that showing is made,

the court may nonetheless order discovery from

such sources if the requesting party shows good

cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for

the discovery.

(2)

Claiming Privilege or Protection.

(A) Information Withheld. A person withholding

subpoenaed information under a claim that it is

privileged or subject to protection as trial-prepara-

tion material must:

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129

(i) expressly make the claim; and

(ii) describe the nature of the withheld docu-

ments, communications, or tangible things in a

manner that, without revealing information itself

privileged or protected, will enable the parties to

assess the claim.

(B) Information Produced. If information pro-

duced in response to a subpoena is subject to a

claim of privilege or of protection as trial-prepara-

tion material, the person making the claim may

notify any party that received the information of the

claim and the basis for it. After being notiﬁed, a

party must promptly return, sequester, or destroy

the speciﬁed information and any copies it has;

must not use or disclose the information until the

claim is resolved; must take reasonable steps to

retrieve the information if the party disclosed it

before being notiﬁed; and may promptly present

the information under seal to the court for the

district where compliance is required for a deter-

mination of the claim. The person who produced

the information must preserve the information until

the claim is resolved.

(f) Transferring a Subpoena-Related Motion.

When the court where compliance is required did not

issue the subpoena, it may transfer a motion under this

rule to the issuing court if the person subject to the

subpoena consents or if the court ﬁnds exceptional

circumstances. Then, if the attorney for a person

subject to a subpoena is authorized to practice in the

court where the motion was made, the attorney may

ﬁle papers and appear on the motion as an officer of

the issuing court. To enforce its order, the issuing court

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130

may transfer the order to the court where the motion

was made.

(g) Contempt. The court for the district where com-

pliance is required—and also, after a motion is trans-

ferred, the issuing court—may hold in contempt a

person who, having been served, fails without ad-

equate excuse to obey the subpoena or an order

related to it.

Rule 46. Objecting to a Ruling or Order

A formal exception to a ruling or order is unneces-

sary. When the ruling or order is requested or made, a

party need only state the action that it wants the court

to take or objects to, along with the grounds for the

request or objection. Failing to object does not preju-

dice a party who had no opportunity to do so when the

ruling or order was made.

Rule 47. Selecting Jurors

(a) Examining Jurors. The court may permit the

parties or their attorneys to examine prospective jurors

or may itself do so. If the court examines the jurors, it

must permit the parties or their attorneys to make any

further inquiry it considers proper, or must itself ask any

of their additional questions it considers proper.

(b) Peremptory Challenges. The court must allow

the number of peremptory challenges provided by 28

U.S.C. § 1870.

the court may excuse a juror for good cause.

Rule 48. Number of Jurors; Verdict; Polling

(a) Number of Jurors. A jury must begin with at

least 6 and no more than 12 members, and each juror

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131

must participate in the verdict unless excused under

Rule 47(c).

(b) Verdict. Unless the parties stipulate otherwise,

the verdict must be unanimous and must be returned

by a jury of at least 6 members.

jury is discharged, the court must on a party’s request,

or may on its own, poll the jurors individually. If the poll

reveals a lack of unanimity or lack of assent by the

number of jurors that the parties stipulated to, the court

may direct the jury to deliberate further or may order a

new trial.

Rule 49. Special Verdict; General Verdict and

Questions

(a) Special Verdict.

(1)

In General. The court may require a jury to

return only a special verdict in the form of a special

written ﬁnding on each issue of fact. The court may

do so by:

(A) submitting written questions susceptible of

a categorical or other brief answer;

(B) submitting written forms of the special ﬁnd-

ings that might properly be made under the plead-

ings and evidence; or

siders appropriate.

(2)

Instructions. The court must give the instruc-

tions and explanations necessary to enable the jury

to make its ﬁndings on each submitted issue.

(3)

Issues Not Submitted. A party waives the right

to a jury trial on any issue of fact raised by the

pleadings or evidence but not submitted to the jury

unless, before the jury retires, the party demands its

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132

submission to the jury. If the party does not demand

submission, the court may make a ﬁnding on the

issue. If the court makes no ﬁnding, it is considered

to have made a ﬁnding consistent with its judgment

on the special verdict.

(b) General Verdict with Answers to Written

Questions.

(1)

In General. The court may submit to the jury

forms for a general verdict, together with written

questions on one or more issues of fact that the jury

must decide. The court must give the instructions

and explanations necessary to enable the jury to

render a general verdict and answer the questions in

writing, and must direct the jury to do both.

(2)

Verdict and Answers Consistent. When the

general verdict and the answers are consistent, the

court must approve, for entry under Rule 58, an

appropriate judgment on the verdict and answers.

(3)

Answers Inconsistent with the Verdict. When

the answers are consistent with each other but one

or more is inconsistent with the general verdict, the

court may:

(A) approve, for entry under Rule 58, an appro-

priate judgment according to the answers, notwith-

standing the general verdict;

(B) direct the jury to further consider its an-

swers and verdict; or

(4) Answers Inconsistent with Each Other and the

Verdict. When the answers are inconsistent with

each other and one or more is also inconsistent with

the general verdict, judgment must not be entered;

instead, the court must direct the jury to further

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133

consider its answers and verdict, or must order a

new trial.

Rule 50. Judgment as a Matter of Law in a Jury

Trial; Related Motion for a New Trial;

Conditional Ruling

(a) Judgment as a Matter of Law.

(1) In General. If a party has been fully heard on

an issue during a jury trial and the court ﬁnds that a

reasonable jury would not have a legally sufficient

evidentiary basis to ﬁnd for the party on that issue,

the court may:

(A) resolve the issue against the party; and

(B) grant a motion for judgment as a matter of

law against the party on a claim or defense that,

under the controlling law, can be maintained or

defeated only with a favorable ﬁnding on that

issue.

(2)

Motion. A motion for judgment as a matter of

law may be made at any time before the case is

submitted to the jury. The motion must specify the

judgment sought and the law and facts that entitle

the movant to the judgment.

(b) Renewing the Motion After Trial; Alternative

Motion for a New Trial. If the court does not grant a

motion for judgment as a matter of law made under

Rule 50(a), the court is considered to have submitted

the action to the jury subject to the court’s later

deciding the legal questions raised by the motion. No

later than 28 days after the entry of judgment—or if the

motion addresses a jury issue not decided by a verdict,

no later than 28 days after the jury was discharged—

the movant may ﬁle a renewed motion for judgment as

a matter of law and may include an alternative or joint

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134

request for a new trial under Rule 59. In ruling on the

renewed motion, the court may:

(1) allow judgment on the verdict, if the jury re-

turned a verdict;

(2) order a new trial; or

(3) direct the entry of judgment as a matter of law.

Ruling on a Motion for a New Trial.

(1) In General. If the court grants a renewed

motion for judgment as a matter of law, it must also

conditionally rule on any motion for a new trial by

determining whether a new trial should be granted if

the judgment is later vacated or reversed. The court

must state the grounds for conditionally granting or

denying the motion for a new trial.

(2) Effect of a Conditional Ruling. Conditionally

granting the motion for a new trial does not affect the

judgment’s ﬁnality; if the judgment is reversed, the

new trial must proceed unless the appellate court

orders otherwise. If the motion for a new trial is

conditionally denied, the appellee may assert error in

that denial; if the judgment is reversed, the case

must proceed as the appellate court orders.

(d) Time for a Losing Party’s New-Trial Motion.

Any motion for a new trial under Rule 59 by a party

against whom judgment as a matter of law is rendered

must be ﬁled no later than 28 days after the entry of the

judgment.

(e) Denying the Motion for Judgment as a Matter

of Law; Reversal on Appeal. If the court denies the

motion for judgment as a matter of law, the prevailing

party may, as appellee, assert grounds entitling it to a

new trial should the appellate court conclude that the

trial court erred in denying the motion. If the appellate

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135

court reverses the judgment, it may order a new trial,

direct the trial court to determine whether a new trial

should be granted, or direct the entry of judgment.

Rule 51. Instructions to the Jury; Objections; Pre-

serving a Claim of Error

(a) Requests.

(1) Before or at the Close of the Evidence. At the

close of the evidence or at any earlier reasonable

time that the court orders, a party may ﬁle and

furnish to every other party written requests for the

jury instructions it wants the court to give.

(2)

After the Close of the Evidence. After the close

of the evidence, a party may:

(A) ﬁle requests for instructions on issues that

could not reasonably have been anticipated by an

earlier time that the court set for requests; and

(B) with the court’s permission, ﬁle untimely

requests for instructions on any issue.

(b) Instructions. The court:

(1) must inform the parties of its proposed instruc-

tions and proposed action on the requests before

instructing the jury and before ﬁnal jury arguments;

(2) must give the parties an opportunity to object

on the record and out of the jury’s hearing before the

instructions and arguments are delivered; and

(3) may instruct the jury at any time before the jury

is discharged.

(1) How to Make. A party who objects to an

instruction or the failure to give an instruction must

do so on the record, stating distinctly the matter

objected to and the grounds for the objection.

(2)

When to Make. An objection is timely if:

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136

(A) a party objects at the opportunity provided

under Rule 51(b)(2); or

(B) a party was not informed of an instruction or

action on a request before that opportunity to

object, and the party objects promptly after learn-

ing that the instruction or request will be, or has

been, given or refused.

(d) Assigning Error; Plain Error.

(1) Assigning Error. A party may assign as error:

(A) an error in an instruction actually given, if

that party properly objected; or

(B) a failure to give an instruction, if that party

properly requested it and—unless the court re-

jected the request in a deﬁnitive ruling on the

record—also properly objected.

(2) Plain Error. A court may consider a plain error

in the instructions that has not been preserved as

required by Rule 51(d)(1) if the error affects substan-

tial rights.

Rule 52. Findings and Conclusions by the Court;

Judgment on Partial Findings

(a) Findings and Conclusions.

(1) In General. In an action tried on the facts

without a jury or with an advisory jury, the court must

ﬁnd the facts specially and state its conclusions of

law separately. The ﬁndings and conclusions may be

stated on the record after the close of the evidence

or may appear in an opinion or a memorandum of

decision ﬁled by the court. Judgment must be en-

tered under Rule 58.

(2) For an Interlocutory Injunction. In granting or

refusing an interlocutory injunction, the court must

similarly state the ﬁndings and conclusions that

support its action.

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137

(3) For a Motion. The court is not required to state

ﬁndings or conclusions when ruling on a motion

under Rule 12 or 56 or, unless these rules provide

otherwise, on any other motion.

(4) Effect of a Master’s Findings. A master’s ﬁnd-

ings, to the extent adopted by the court, must be

considered the court’s ﬁndings.

(5) Questioning the Evidentiary Support. A party

may later question the sufficiency of the evidence

supporting the ﬁndings, whether or not the party

requested ﬁndings, objected to them, moved to

amend them, or moved for partial ﬁndings.

(6) Setting Aside the Findings. Findings of fact,

whether based on oral or other evidence, must not

be set aside unless clearly erroneous, and the

reviewing court must give due regard to the trial

court’s opportunity to judge the witnesses’ credibility.

(b) Amended or Additional Findings. On a party’s

motion ﬁled no later than 28 days after the entry of

judgment, the court may amend its ﬁndings—or make

additional ﬁndings—and may amend the judgment

accordingly. The motion may accompany a motion for

a new trial under Rule 59.

been fully heard on an issue during a nonjury trial and

the court ﬁnds against the party on that issue, the court

may enter judgment against the party on a claim or

defense that, under the controlling law, can be main-

tained or defeated only with a favorable ﬁnding on that

issue. The court may, however, decline to render any

judgment until the close of the evidence. A judgment on

partial ﬁndings must be supported by ﬁndings of fact

and conclusions of law as required by Rule 52(a).

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138

Rule 53. Masters

(a) Appointment.

(1) Scope. Unless a statute provides otherwise, a

court may appoint a master only to:

(A) perform duties consented to by the parties;

(B) hold trial proceedings and make or recom-

mend ﬁndings of fact on issues to be decided

without a jury if appointment is warranted by:

(i) some exceptional condition; or

(ii) the need to perform an accounting or

resolve a difficult computation of damages; or

cannot be effectively and timely addressed by an

available district judge or magistrate judge of the

district.

(2) Disqualiﬁcation. A master must not have a

relationship to the parties, attorneys, action, or court

that would require disqualiﬁcation of a judge under

28 U.S.C. § 455, unless the parties, with the court’s

approval, consent to the appointment after the mas-

ter discloses any potential grounds for disqualiﬁca-

tion.

(3)

Possible Expense or Delay. In appointing a

master, the court must consider the fairness of

imposing the likely expenses on the parties and must

protect against unreasonable expense or delay.

(b) Order Appointing a Master.

(1) Notice. Before appointing a master, the court

must give the parties notice and an opportunity to be

heard. Any party may suggest candidates for ap-

pointment.

(2) Contents. The appointing order must direct the

master to proceed with all reasonable diligence and

must state:

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139

(A) the master’s duties, including any investiga-

tion or enforcement duties, and any limits on the

master’s authority under Rule 53(c);

(B) the circumstances, if any, in which the mas-

ter may communicate ex parte with the court or a

party;

and ﬁled as the record of the master’s activities;

(D) the time limits, method of ﬁling the record,

other procedures, and standards for reviewing the

master’s orders, ﬁndings, and recommendations;

and

(E) the basis, terms, and procedure for ﬁxing

the master’s compensation under Rule 53(g).

(3)

Issuing. The court may issue the order only

after:

(A) the master ﬁles an affidavit disclosing

whether there is any ground for disqualiﬁcation

under 28 U.S.C. § 455; and

(B) if a ground is disclosed, the parties, with the

court’s approval, waive the disqualiﬁcation.

(4) Amending. The order may be amended at any

time after notice to the parties and an opportunity to

be heard.

(1) In General. Unless the appointing order di-

rects otherwise, a master may:

(A) regulate all proceedings;

(B) take all appropriate measures to perform

the assigned duties fairly and efficiently; and

cise the appointing court’s power to compel, take,

and record evidence.

(2)

Sanctions. The master may by order impose

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140

on a party any noncontempt sanction provided by

Rule 37 or 45, and may recommend a contempt

sanction against a party and sanctions against a

nonparty.

(d) Master’s Orders. A master who issues an order

must ﬁle it and promptly serve a copy on each party.

The clerk must enter the order on the docket.

(e) Master’s Reports. A master must report to the

court as required by the appointing order. The master

must ﬁle the report and promptly serve a copy on each

party, unless the court orders otherwise.

(f) Action on the Master’s Order, Report, or

Recommendations.

(1)

Opportunity for a Hearing; Action in General.

In acting on a master’s order, report, or recommen-

dations, the court must give the parties notice and an

opportunity to be heard; may receive evidence; and

may adopt or affirm, modify, wholly or partly reject or

reverse, or resubmit to the master with instructions.

(2)

Time to Object or Move to Adopt or Modify. A

party may ﬁle objections to—or a motion to adopt or

modify—the master’s order, report, or recommenda-

tions no later than 21 days after a copy is served,

unless the court sets a different time.

(3)

Reviewing Factual Findings. The court must

decide de novo all objections to ﬁndings of fact made

or recommended by a master, unless the parties,

with the court’s approval, stipulate that:

(A) the ﬁndings will be reviewed for clear error;

(B) the ﬁndings of a master appointed under

Rule 53(a)(1)(A) or (C) will be ﬁnal.

(4)

Reviewing Legal Conclusions. The court must

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141

decide de novo all objections to conclusions of law

made or recommended by a master.

(5) Reviewing Procedural Matters. Unless the ap-

pointing order establishes a different standard of

review, the court may set aside a master’s ruling on

a procedural matter only for an abuse of discretion.

(g) Compensation.

(1)

Fixing Compensation. Before or after judg-

ment, the court must ﬁx the master’s compensation

on the basis and terms stated in the appointing

order, but the court may set a new basis and terms

after giving notice and an opportunity to be heard.

(2)

Payment. The compensation must be paid

either:

(A) by a party or parties; or

(B) from a fund or subject matter of the action

within the court’s control.

(3) Allocating Payment. The court must allocate

payment among the parties after considering the

nature and amount of the controversy, the parties’

means, and the extent to which any party is more

responsible than other parties for the reference to a

master. An interim allocation may be amended to

reﬂect a decision on the merits.

(h) Appointing a Magistrate Judge. A magistrate

judge is subject to this rule only when the order

referring a matter to the magistrate judge states that

the reference is made under this rule.

TITLE VII.

JUDGMENT

Rule

54. Judgments; Costs

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142

Rule

55. Default; Default Judgment

56. Summary Judgment

57. Declaratory Judgment

58. Entering Judgment

59. New Trial; Altering or Amending a Judgment

60. Relief from a Judgment or Order

61. Harmless Error

62. Stay of Proceedings to Enforce a Judgment

62.1. Indicative Ruling on a Motion for Relief that is Barred by a

Pending Appeal

63. Judge’s Inability to Proceed

Rule 54. Judgments; Costs

(a) Deﬁnition; Form. “Judgment” as used in these

rules includes a decree and any order from which an

appeal lies. A judgment should not include recitals of

pleadings, a master’s report, or a record of prior

proceedings.

(b) Judgment on Multiple Claims or Involving

Multiple Parties. When an action presents more than

one claim for relief—whether as a claim, counterclaim,

crossclaim, or third-party claim—or when multiple par-

ties are involved, the court may direct entry of a ﬁnal

judgment as to one or more, but fewer than all, claims

or parties only if the court expressly determines that

there is no just reason for delay. Otherwise, any order

or other decision, however designated, that adjudi-

cates fewer than all the claims or the rights and

liabilities of fewer than all the parties does not end the

action as to any of the claims or parties and may be

revised at any time before the entry of a judgment

adjudicating all the claims and all the parties’ rights and

liabilities.

A default judgment must not differ in kind from, or

exceed in amount, what is demanded in the pleadings.

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143

Every other ﬁnal judgment should grant the relief to

which each party is entitled, even if the party has not

demanded that relief in its pleadings.

(d) Costs; Attorney’s Fees.

(1) Costs Other Than Attorney’s Fees. Unless a

federal statute, these rules, or a court order provides

otherwise, costs—other than attorney’s fees—

should be allowed to the prevailing party. But costs

against the United States, its officers, and its agen-

cies may be imposed only to the extent allowed by

law. The clerk may tax costs on 14 days’ notice. On

motion served within the next 7 days, the court may

review the clerk’s action.

(2)

Attorney’s Fees.

(A) Claim to Be by Motion. A claim for attorney’s

fees and related nontaxable expenses must be

made by motion unless the substantive law re-

quires those fees to be proved at trial as an

element of damages.

(B) Timing and Contents of the Motion. Unless

a statute or a court order provides otherwise, the

motion must:

(i) be ﬁled no later than 14 days after the

entry of judgment;

(ii) specify the judgment and the statute, rule,

or other grounds entitling the movant to the

award;

(iii) state the amount sought or provide a fair

estimate of it; and

(iv) disclose, if the court so orders, the terms

of any agreement about fees for the services for

which the claim is made.

court must, on a party’s request, give an opportu-

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144

nity for adversary submissions on the motion in

accordance with Rule 43(c) or 78. The court may

decide issues of liability for fees before receiving

submissions on the value of services. The court

must ﬁnd the facts and state its conclusions of law

as provided in Rule 52(a).

(D) Special Procedures by Local Rule; Refer-

ence to a Master or a Magistrate Judge. By local

rule, the court may establish special procedures to

resolve fee-related issues without extensive evi-

dentiary hearings. Also, the court may refer issues

concerning the value of services to a special

master under Rule 53 without regard to the limita-

tions of Rule 53(a)(1), and may refer a motion for

attorney’s fees to a magistrate judge under Rule

72(b) as if it were a dispositive pretrial matter.

(E) Exceptions. Subparagraphs (A)–(D) do not

apply to claims for fees and expenses as sanc-

tions for violating these rules or as sanctions

under 28 U.S.C. § 1927.

Rule 55. Default; Default Judgment

(a) Entering a Default. When a party against whom

a judgment for affirmative relief is sought has failed to

plead or otherwise defend, and that failure is shown by

affidavit or otherwise, the clerk must enter the party’s

default.

(b) Entering a Default Judgment.

(1)

By the Clerk. If the plaintiff’s claim is for a sum

certain or a sum that can be made certain by

computation, the clerk—on the plaintiff’s request,

with an affidavit showing the amount due—must

enter judgment for that amount and costs against a

defendant who has been defaulted for not appearing

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145

and who is neither a minor nor an incompetent

person.

(2) By the Court. In all other cases, the party must

apply to the court for a default judgment. A default

judgment may be entered against a minor or incom-

petent person only if represented by a general

guardian, conservator, or other like ﬁduciary who has

appeared. If the party against whom a default judg-

ment is sought has appeared personally or by a

representative, that party or its representative must

be served with written notice of the application at

least 7 days before the hearing. The court may

conduct hearings or make referrals—preserving any

federal statutory right to a jury trial—when, to enter

or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

dence; or

(D) investigate any other matter.

ment. The court may set aside an entry of default for

good cause, and it may set aside a ﬁnal default

judgment under Rule 60(b).

(d) Judgment Against the United States. A default

judgment may be entered against the United States, its

officers, or its agencies only if the claimant establishes

a claim or right to relief by evidence that satisﬁes the

court.

Rule 56. Summary Judgment

(a) Motion for Summary Judgment or Partial

Summary Judgment. A party may move for summary

judgment, identifying each claim or defense—or the

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146

part of each claim or defense—on which summary

judgment is sought. The court shall grant summary

judgment if the movant shows that there is no genuine

dispute as to any material fact and the movant is

entitled to judgment as a matter of law. The court

should state on the record the reasons for granting or

denying the motion.

(b) Time to File a Motion. Unless a different time is

set by local rule or the court orders otherwise, a party

may ﬁle a motion for summary judgment at any time

until 30 days after the close of all discovery.

(1)

Supporting Factual Positions. A party assert-

ing that a fact cannot be or is genuinely disputed

must support the assertion by:

(A) citing to particular parts of materials in the

record, including depositions, documents, elec-

tronically stored information, affidavits or declara-

tions, stipulations (including those made for pur-

poses of the motion only), admissions,

interrogatory answers, or other materials; or

(B) showing that the materials cited do not

establish the absence or presence of a genuine

dispute, or that an adverse party cannot produce

admissible evidence to support the fact.

(2)

Objection That a Fact Is Not Supported by

Admissible Evidence. A party may object that the

material cited to support or dispute a fact cannot be

presented in a form that would be admissible in

evidence.

(3) Materials Not Cited. The court need consider

only the cited materials, but it may consider other

materials in the record.

(4) Affidavits or Declarations. An affidavit or dec-

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147

laration used to support or oppose a motion must be

made on personal knowledge, set out facts that

would be admissible in evidence, and show that the

affiant or declarant is competent to testify on the

matters stated.

(d) When Facts Are Unavailable to the Nonmo-

vant. If a nonmovant shows by affidavit or declaration

that, for speciﬁed reasons, it cannot present facts

essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations

or to take discovery; or

(3) issue any other appropriate order.

(e) Failing to Properly Support or Address a

Fact. If a party fails to properly support an assertion of

fact or fails to properly address another party’s asser-

tion of fact as required by Rule 56(c), the court may:

(1) give an opportunity to properly support or

address the fact;

(2) consider the fact undisputed for purposes of

the motion;

(3) grant summary judgment if the motion and

supporting materials—including the facts considered

undisputed—show that the movant is entitled to it; or

(4) issue any other appropriate order.

(f) Judgment Independent of the Motion. After

giving notice and a reasonable time to respond, the

court may:

(1) grant summary judgment for a nonmovant;

(2) grant the motion on grounds not raised by a

party; or

(3) consider summary judgment on its own after

identifying for the parties material facts that may not

be genuinely in dispute.

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148

(g) Failing to Grant All the Requested Relief. If

the court does not grant all the relief requested by the

motion, it may enter an order stating any material

fact—including an item of damages or other relief—

that is not genuinely in dispute and treating the fact as

established in the case.

(h) Affidavit or Declaration Submitted in Bad

Faith. If satisﬁed that an affidavit or declaration under

this rule is submitted in bad faith or solely for delay, the

court—after notice and a reasonable time to respond

—may order the submitting party to pay the other party

the reasonable expenses, including attorney’s fees, it

incurred as a result. An offending party or attorney may

also be held in contempt or subjected to other appro-

priate sanctions.

Rule 57. Declaratory Judgment

These rules govern the procedure for obtaining a

declaratory judgment under 28 U.S.C. § 2201. Rules

38 and 39 govern a demand for a jury trial. The

existence of another adequate remedy does not pre-

clude a declaratory judgment that is otherwise appro-

priate. The court may order a speedy hearing of a

declaratory-judgment action.

Rule 58. Entering Judgment

(a) Separate Document. Every judgment and

amended judgment must be set out in a separate

document, but a separate document is not required for

an order disposing of a motion:

(1) for judgment under Rule 50(b);

(2) to amend or make additional ﬁndings under

Rule 52(b);

(3) for attorney’s fees under Rule 54;

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149

(4) for a new trial, or to alter or amend the

judgment, under Rule 59; or

(5) for relief under Rule 60.

(b) Entering Judgment.

(1) Without the Court’s Direction. Subject to Rule

54(b) and unless the court orders otherwise, the

clerk must, without awaiting the court’s direction,

promptly prepare, sign, and enter the judgment

when:

(A) the jury returns a general verdict;

(B) the court awards only costs or a sum cer-

tain; or

(2) Court’s Approval Required. Subject to Rule

54(b), the court must promptly approve the form of

the judgment, which the clerk must promptly enter,

when:

(A) the jury returns a special verdict or a gen-

eral verdict with answers to written questions; or

(B) the court grants other relief not described in

this subdivision (b).

judgment is entered at the following times:

(1) if a separate document is not required, when

the judgment is entered in the civil docket under Rule

79(a); or

(2) if a separate document is required, when the

judgment is entered in the civil docket under Rule

79(a) and the earlier of these events occurs:

(A) it is set out in a separate document; or

(B) 150 days have run from the entry in the civil

docket.

(d) Request for Entry. A party may request that

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150

judgment be set out in a separate document as re-

quired by Rule 58(a).

(e) Cost or Fee Awards. Ordinarily, the entry of

judgment may not be delayed, nor the time for appeal

extended, in order to tax costs or award fees. But if a

timely motion for attorney’s fees is made under Rule

54(d)(2), the court may act before a notice of appeal

has been ﬁled and become effective to order that the

motion have the same effect under Federal Rule of

Appellate Procedure 4(a)(4) as a timely motion under

Rule 59.

Rule 59. New Trial; Altering or Amending a Judg-

ment

(a) In General.

(1)

Grounds for New Trial. The court may, on

motion, grant a new trial on all or some of the

issues—and to any party—as follows:

(A) after a jury trial, for any reason for which a

new trial has heretofore been granted in an action

at law in federal court; or

(B) after a nonjury trial, for any reason for which

a rehearing has heretofore been granted in a suit

in equity in federal court.

(2)

Further Action After a Nonjury Trial. After a

nonjury trial, the court may, on motion for a new trial,

open the judgment if one has been entered, take

additional testimony, amend ﬁndings of fact and

conclusions of law or make new ones, and direct the

entry of a new judgment.

(b) Time to File a Motion for a New Trial. A motion

for a new trial must be ﬁled no later than 28 days after

the entry of judgment.

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151

new trial is based on affidavits, they must be ﬁled with

the motion. The opposing party has 14 days after being

served to ﬁle opposing affidavits. The court may permit

reply affidavits.

(d) New Trial on the Court’s Initiative or for

Reasons Not in the Motion. No later than 28 days

after the entry of judgment, the court, on its own, may

order a new trial for any reason that would justify

granting one on a party’s motion. After giving the

parties notice and an opportunity to be heard, the court

may grant a timely motion for a new trial for a reason

not stated in the motion. In either event, the court must

specify the reasons in its order.

(e) Motion to Alter or Amend a Judgment. A

motion to alter or amend a judgment must be ﬁled no

later than 28 days after the entry of the judgment.

Rule 60. Relief from a Judgment or Order

(a) Corrections Based on Clerical Mistakes;

Oversights and Omissions. The court may correct a

clerical mistake or a mistake arising from oversight or

omission whenever one is found in a judgment, order,

or other part of the record. The court may do so on

motion or on its own, with or without notice. But after an

appeal has been docketed in the appellate court and

while it is pending, such a mistake may be corrected

only with the appellate court’s leave.

(b) Grounds for Relief from a Final Judgment,

Order, or Proceeding. On motion and just terms, the

court may relieve a party or its legal representative

from a ﬁnal judgment, order, or proceeding for the

following reasons:

(1) mistake, inadvertence, surprise, or excusable

neglect;

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152

(2) newly discovered evidence that, with reason-

able diligence, could not have been discovered in

time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or

extrinsic), misrepresentation, or misconduct by an

opposing party;

(4) the judgment is void;

(5) the judgment has been satisﬁed, released, or

discharged; it is based on an earlier judgment that

has been reversed or vacated; or applying it pro-

spectively is no longer equitable; or

(6) any other reason that justiﬁes relief.

(1)

Timing. A motion under Rule 60(b) must be

made within a reasonable time—and for reasons (1),

(2), and (3) no more than a year after the entry of the

judgment or order or the date of the proceeding.

(2) Effect on Finality. The motion does not affect

the judgment’s ﬁnality or suspend its operation.

(d) Other Powers to Grant Relief. This rule does

not limit a court’s power to:

(1) entertain an independent action to relieve a

party from a judgment, order, or proceeding;

(2) grant relief under 28 U.S.C. § 1655 to a

defendant who was not personally notiﬁed of the

action; or

(3) set aside a judgment for fraud on the court.

(e) Bills and Writs Abolished. The following are

abolished: bills of review, bills in the nature of bills of

review, and writs of coram nobis, coram vobis, and

audita querela.

Rule 61. Harmless Error

Unless justice requires otherwise, no error in admit-

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153

ting or excluding evidence—or any other error by the

court or a party—is ground for granting a new trial, for

setting aside a verdict, or for vacating, modifying, or

otherwise disturbing a judgment or order. At every

stage of the proceeding, the court must disregard all

errors and defects that do not affect any party’s sub-

stantial rights.

Rule 62. Stay of Proceedings to Enforce a Judg-

ment

(a) Automatic Stay. Except as provided in Rule

62(c) and (d), execution on a judgment and proceed-

ings to enforce it are stayed for 30 days after its entry,

unless the court orders otherwise.

(b) Stay by Bond or Other Security. At any time

after judgment is entered, a party may obtain a stay by

providing a bond or other security. The stay takes effect

when the court approves the bond or other security and

remains in effect for the time speciﬁed in the bond or

other security.

Accounting Order. Unless the court orders otherwise,

the following are not stayed after being entered, even

if an appeal is taken:

(1) an interlocutory or ﬁnal judgment in an action

for an injunction or receivership; or

(2) a judgment or order that directs an accounting

in an action for patent infringement.

(d) Injunction Pending an Appeal. While an ap-

peal is pending from an interlocutory order or ﬁnal

judgment that grants, continues, modiﬁes, refuses,

dissolves, or refuses to dissolve or modify an injunc-

tion, the court may suspend, modify, restore, or grant

an injunction on terms for bond or other terms that

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154

secure the opposing party’s rights. If the judgment

appealed from is rendered by a statutory three-judge

district court, the order must be made either:

(1) by that court sitting in open session; or

(2) by the assent of all its judges, as evidenced by

their signatures.

(e) Stay Without Bond on an Appeal by the

United States, Its Officers, or Its Agencies. The

court must not require a bond, obligation, or other

security from the appellant when granting a stay on an

appeal by the United States, its officers, or its agencies

or on an appeal directed by a department of the federal

government.

(f) Stay in Favor of a Judgment Debtor Under

State Law. If a judgment is a lien on the judgment

debtor’s property under the law of the state where the

court is located, the judgment debtor is entitled to the

same stay of execution the state court would give.

(g) Appellate Court’s Power Not Limited. This

rule does not limit the power of the appellate court or

one of its judges or justices:

(1) to stay proceedings—or suspend, modify, re-

store, or grant an injunction—while an appeal is

pending; or

(2) to issue an order to preserve the status quo or

the effectiveness of the judgment to be entered.

(h) Stay with Multiple Claims or Parties. A court

may stay the enforcement of a ﬁnal judgment entered

under Rule 54(b) until it enters a later judgment or

judgments, and may prescribe terms necessary to

secure the beneﬁt of the stayed judgment for the party

in whose favor it was entered.

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155

Rule 62.1. Indicative Ruling on a Motion for Relief

that is Barred by a Pending Appeal

(a) Relief Pending Appeal. If a timely motion is

made for relief that the court lacks authority to grant

because of an appeal that has been docketed and is

pending, the court may:

(1) defer considering the motion;

(2) deny the motion; or

(3) state either that it would grant the motion if the

court of appeals remands for that purpose or that the

motion raises a substantial issue.

(b) Notice to the Court of Appeals. The movant

must promptly notify the circuit clerk under Federal

Rule of Appellate Procedure 12.1 if the district court

states that it would grant the motion or that the motion

raises a substantial issue.

tion if the court of appeals remands for that purpose.

Rule 63. Judge’s Inability to Proceed

If a judge conducting a hearing or trial is unable to

proceed, any other judge may proceed upon certifying

familiarity with the record and determining that the

case may be completed without prejudice to the par-

ties. In a hearing or a nonjury trial, the successor judge

must, at a party’s request, recall any witness whose

testimony is material and disputed and who is available

to testify again without undue burden. The successor

judge may also recall any other witness.

TITLE VIII.

PROVISIONAL AND FINAL REMEDIES

Rule

64. Seizing a Person or Property

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156

Rule

65. Injunctions and Restraining Orders

65.1. Proceedings Against a Security Provider

66. Receivers

67. Deposit into Court

68. Offer of Judgment

69. Execution

70. Enforcing a Judgment for a Speciﬁc Act

71. Enforcing Relief for or Against a Nonparty

Rule 64. Seizing a Person or Property

(a) Remedies Under State Law—In General. At

the commencement of and throughout an action, every

remedy is available that, under the law of the state

where the court is located, provides for seizing a

person or property to secure satisfaction of the poten-

tial judgment. But a federal statute governs to the

extent it applies.

(b) Speciﬁc Kinds of Remedies. The remedies

available under this rule include the following—how-

ever designated and regardless of whether state pro-

cedure requires an independent action:

• arrest;

• attachment;

• garnishment;

• replevin;

• sequestration; and

• other corresponding or equivalent remedies.

Rule 65. Injunctions and Restraining Orders

(a) Preliminary Injunction.

(1)

Notice. The court may issue a preliminary

injunction only on notice to the adverse party.

(2) Consolidating the Hearing with the Trial on the

Merits. Before or after beginning the hearing on a

motion for a preliminary injunction, the court may

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157

advance the trial on the merits and consolidate it with

the hearing. Even when consolidation is not ordered,

evidence that is received on the motion and that

would be admissible at trial becomes part of the trial

record and need not be repeated at trial. But the

court must preserve any party’s right to a jury trial.

(b) Temporary Restraining Order.

(1)

Issuing Without Notice. The court may issue a

temporary restraining order without written or oral

notice to the adverse party or its attorney only if:

(A) speciﬁc facts in an affidavit or a veriﬁed

complaint clearly show that immediate and irrepa-

rable injury, loss, or damage will result to the

movant before the adverse party can be heard in

opposition; and

(B) the movant’s attorney certiﬁes in writing any

efforts made to give notice and the reasons why it

should not be required.

(2)

Contents; Expiration. Every temporary re-

straining order issued without notice must state the

date and hour it was issued; describe the injury and

state why it is irreparable; state why the order was

issued without notice; and be promptly ﬁled in the

clerk’s office and entered in the record. The order

expires at the time after entry—not to exceed 14

days—that the court sets, unless before that time the

court, for good cause, extends it for a like period or

the adverse party consents to a longer extension.

The reasons for an extension must be entered in the

record.

(3)

Expediting the Preliminary-Injunction Hearing.

If the order is issued without notice, the motion for a

preliminary injunction must be set for hearing at the

earliest possible time, taking precedence over all

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158

other matters except hearings on older matters of

the same character. At the hearing, the party who

obtained the order must proceed with the motion; if

the party does not, the court must dissolve the order.

(4) Motion to Dissolve. On 2 days’ notice to the

party who obtained the order without notice—or on

shorter notice set by the court—the adverse party

may appear and move to dissolve or modify the

order. The court must then hear and decide the

motion as promptly as justice requires.

injunction or a temporary restraining order only if the

movant gives security in an amount that the court

considers proper to pay the costs and damages sus-

tained by any party found to have been wrongfully

enjoined or restrained. The United States, its officers,

and its agencies are not required to give security.

(d) Contents and Scope of Every Injunction and

Restraining Order.

(1)

Contents. Every order granting an injunction

and every restraining order must:

(A) state the reasons why it issued;

(B) state its terms speciﬁcally; and

referring to the complaint or other document—the

act or acts restrained or required.

(2)

Persons Bound. The order binds only the

following who receive actual notice of it by personal

service or otherwise:

(A) the parties;

(B) the parties’ officers, agents, servants, em-

ployees, and attorneys; and

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159

participation with anyone described in Rule

65(d)(2)(A) or (B).

(e) Other Laws Not Modiﬁed. These rules do not

modify the following:

(1) any federal statute relating to temporary re-

straining orders or preliminary injunctions in actions

affecting employer and employee;

(2) 28 U.S.C. § 2361, which relates to preliminary

injunctions in actions of interpleader or in the nature

of interpleader; or

(3) 28 U.S.C. § 2284, which relates to actions that

must be heard and decided by a three-judge district

court.

(f) Copyright Impoundment. This rule applies to

Rule 65.1. Proceedings Against a Security Pro-

vider

Whenever these rules (including the Supplemental

Rules for Admiralty or Maritime Claims and Asset

Forfeiture Actions) require or allow a party to give

security, and security is given with one or more security

providers, each provider submits to the court’s jurisdic-

tion and irrevocably appoints the court clerk as its

agent for receiving service of any papers that affect its

liability on the security. The security provider’s liability

may be enforced on motion without an independent

action. The motion and any notice that the court orders

may be served on the court clerk, who must promptly

send a copy of each to every security provider whose

address is known.

Rule 66. Receivers

These rules govern an action in which the appoint-

ment of a receiver is sought or a receiver sues or is

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160

sued. But the practice in administering an estate by a

receiver or a similar court-appointed officer must ac-

cord with the historical practice in federal courts or with

a local rule. An action in which a receiver has been

appointed may be dismissed only by court order.

Rule 67. Deposit into Court

(a) Depositing Property. If any part of the relief

sought is a money judgment or the disposition of a sum

of money or some other deliverable thing, a party—on

notice to every other party and by leave of court—may

deposit with the court all or part of the money or thing,

whether or not that party claims any of it. The depos-

iting party must deliver to the clerk a copy of the order

permitting deposit.

(b) Investing and Withdrawing Funds. Money

paid into court under this rule must be deposited and

withdrawn in accordance with 28 U.S.C. §§ 2041 and

2042 and any like statute. The money must be depos-

ited in an interest-bearing account or invested in a

court-approved, interest-bearing instrument.

Rule 68. Offer of Judgment

(a) Making an Offer; Judgment on an Accepted

Offer. At least 14 days before the date set for trial, a

party defending against a claim may serve on an

opposing party an offer to allow judgment on speciﬁed

terms, with the costs then accrued. If, within 14 days

after being served, the opposing party serves written

notice accepting the offer, either party may then ﬁle the

offer and notice of acceptance, plus proof of service.

The clerk must then enter judgment.

(b) Unaccepted Offer. An unaccepted offer is con-

sidered withdrawn, but it does not preclude a later offer.

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161

Evidence of an unaccepted offer is not admissible

except in a proceeding to determine costs.

party’s liability to another has been determined but the

extent of liability remains to be determined by further

proceedings, the party held liable may make an offer of

judgment. It must be served within a reasonable time

—but at least 14 days—before the date set for a

hearing to determine the extent of liability.

(d) Paying Costs After an Unaccepted Offer. If the

judgment that the offeree ﬁnally obtains is not more

favorable than the unaccepted offer, the offeree must

pay the costs incurred after the offer was made.

Rule 69. Execution

(a) In General.

(1)

Money Judgment; Applicable Procedure. A

money judgment is enforced by a writ of execution,

unless the court directs otherwise. The procedure on

execution—and in proceedings supplementary to

and in aid of judgment or execution—must accord

with the procedure of the state where the court is

located, but a federal statute governs to the extent it

applies.

(2)

Obtaining Discovery. In aid of the judgment or

execution, the judgment creditor or a successor in

interest whose interest appears of record may obtain

discovery from any person—including the judgment

debtor—as provided in these rules or by the proce-

dure of the state where the court is located.

(b) Against Certain Public Officers. When a judg-

ment has been entered against a revenue officer in the

circumstances stated in 28 U.S.C. § 2006, or against

an officer of Congress in the circumstances stated in 2

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162

U.S.C. § 118 [now 2 USCS § 5503], the judgment must

be satisﬁed as those statutes provide.

Rule 70. Enforcing a Judgment for a Speciﬁc Act

(a) Party’s Failure to Act; Ordering Another to

Act. If a judgment requires a party to convey land, to

deliver a deed or other document, or to perform any

other speciﬁc act and the party fails to comply within

the time speciﬁed, the court may order the act to be

done—at the disobedient party’s expense—by another

person appointed by the court. When done, the act has

the same effect as if done by the party.

(b) Vesting Title. If the real or personal property is

within the district, the court—instead of ordering a

conveyance—may enter a judgment divesting any

party’s title and vesting it in others. That judgment has

the effect of a legally executed conveyance.

tion. On application by a party entitled to performance

of an act, the clerk must issue a writ of attachment or

sequestration against the disobedient party’s property

to compel obedience.

(d) Obtaining a Writ of Execution or Assistance.

On application by a party who obtains a judgment or

order for possession, the clerk must issue a writ of

execution or assistance.

(e) Holding in Contempt. The court may also hold

the disobedient party in contempt.

Rule 71. Enforcing Relief for or Against a Nonparty

When an order grants relief for a nonparty or may be

enforced against a nonparty, the procedure for enforc-

ing the order is the same as for a party.

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163

TITLE IX.

SPECIAL PROCEEDINGS

Rule

71.1. Condemning Real or Personal Property

71A. [Transferred]

72. Magistrate Judges: Pretrial Order

73. Magistrate Judges: Trial by Consent; Appeal

74. Method of Appeal from Magistrate Judge to District Judge Under

Title 28, U.S.C. § 636(c)(4) and Rule 73(d). [Abrogated]

75. Proceedings on Appeal from Magistrate Judge to District Judge

Under Rule 73(d). [Abrogated]

76. Judgment of the District Judge on the Appeal Under Rule 73(d)

and Costs. [Abrogated]

Rule 71.1. Condemning Real or Personal Property

(a) Applicability of Other Rules. These rules gov-

ern proceedings to condemn real and personal prop-

erty by eminent domain, except as this rule provides

otherwise.

(b) Joinder of Properties. The plaintiff may join

separate pieces of property in a single action, no

matter whether they are owned by the same persons or

sought for the same use.

(1)

Caption. The complaint must contain a caption

as provided in Rule 10(a). The plaintiff must, how-

ever, name as defendants both the property—des-

ignated generally by kind, quantity, and location—

and at least one owner of some part of or interest in

the property.

(2)

Contents. The complaint must contain a short

and plain statement of the following:

(A) the authority for the taking;

(B) the uses for which the property is to be

taken;

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164

erty;

(D) the interests to be acquired; and

(E) for each piece of property, a designation of

each defendant who has been joined as an owner

or owner of an interest in it.

(3) Parties. When the action commences, the

plaintiff need join as defendants only those persons

who have or claim an interest in the property and

whose names are then known. But before any

hearing on compensation, the plaintiff must add as

defendants all those persons who have or claim an

interest and whose names have become known or

can be found by a reasonably diligent search of the

records, considering both the property’s character

and value and the interests to be acquired. All others

may be made defendants under the designation

“Unknown Owners.”

(4)

Procedure. Notice must be served on all de-

fendants as provided in Rule 71.1(d), whether they

were named as defendants when the action com-

menced or were added later. A defendant may

answer as provided in Rule 71.1(e). The court,

meanwhile, may order any distribution of a deposit

that the facts warrant.

(5)

Filing; Additional Copies. In addition to ﬁling

the complaint, the plaintiff must give the clerk at least

one copy for the defendants’ use and additional

copies at the request of the clerk or a defendant.

(d) Process.

(1)

Delivering Notice to the Clerk. On ﬁling a

complaint, the plaintiff must promptly deliver to the

clerk joint or several notices directed to the named

defendants. When adding defendants, the plaintiff

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165

must deliver to the clerk additional notices directed

to the new defendants.

(2) Contents of the Notice.

(A) Main Contents. Each notice must name the

court, the title of the action, and the defendant to

whom it is directed. It must describe the property

sufficiently to identify it, but need not describe any

property other than that to be taken from the

named defendant. The notice must also state:

(i) that the action is to condemn property;

(ii) the interest to be taken;

(iii) the authority for the taking;

(iv) the uses for which the property is to be

taken;

(v) that the defendant may serve an answer

on the plaintiff’s attorney within 21 days after

being served with the notice;

(vi) that the failure to so serve an answer

constitutes consent to the taking and to the

court’s authority to proceed with the action and

ﬁx the compensation; and

(vii) that a defendant who does not serve an

answer may ﬁle a notice of appearance.

(B) Conclusion. The notice must conclude with

the name, telephone number, and e-mail address

of the plaintiff’s attorney and an address within the

district in which the action is brought where the

attorney may be served.

(3)

Serving the Notice.

(A) Personal Service. When a defendant whose

address is known resides within the United States

or a territory subject to the administrative or judi-

cial jurisdiction of the United States, personal

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166

service of the notice (without a copy of the com-

plaint) must be made in accordance with Rule 4.

(B) Service by Publication.

(i) A defendant may be served by publication

only when the plaintiff’s attorney ﬁles a certiﬁ-

cate stating that the attorney believes the de-

fendant cannot be personally served, because

after diligent inquiry within the state where the

complaint is ﬁled, the defendant’s place of resi-

dence is still unknown or, if known, that it is

beyond the territorial limits of personal service.

Service is then made by publishing the notice—

once a week for at least three successive

weeks—in a newspaper published in the county

where the property is located or, if there is no

such newspaper, in a newspaper with general

circulation where the property is located. Before

the last publication, a copy of the notice must

also be mailed to every defendant who cannot

be personally served but whose place of resi-

dence is then known. Unknown owners may be

served by publication in the same manner by a

notice addressed to “Unknown Owners.”

(ii) Service by publication is complete on the

date of the last publication. The plaintiff’s attor-

ney must prove publication and mailing by a

certiﬁcate, attach a printed copy of the pub-

lished notice, and mark on the copy the news-

paper’s name and the dates of publication.

(4)

Effect of Delivery and Service. Delivering the

notice to the clerk and serving it have the same effect

as serving a summons under Rule 4.

(5) Amending the Notice; Proof of Service and

Amending the Proof. Rule 4(a)(2) governs amending

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167

the notice. Rule 4(l) governs proof of service and

amending it.

(e) Appearance or Answer.

(1) Notice of Appearance. A defendant that has no

objection or defense to the taking of its property may

serve a notice of appearance designating the prop-

erty in which it claims an interest. The defendant

must then be given notice of all later proceedings

affecting the defendant.

(2) Answer. A defendant that has an objection or

defense to the taking must serve an answer within

21 days after being served with the notice. The

answer must:

(A) identify the property in which the defendant

claims an interest;

(B) state the nature and extent of the interest;

and

defenses to the taking.

(3)

Waiver of Other Objections and Defenses;

Evidence on Compensation. A defendant waives all

objections and defenses not stated in its answer. No

other pleading or motion asserting an additional

objection or defense is allowed. But at the trial on

compensation, a defendant—whether or not it has

previously appeared or answered—may present evi-

dence on the amount of compensation to be paid

and may share in the award.

(f) Amending Pleadings. Without leave of court,

the plaintiff may—as often as it wants—amend the

complaint at any time before the trial on compensation.

But no amendment may be made if it would result in a

dismissal inconsistent with Rule 71.1(i)(1) or (2). The

plaintiff need not serve a copy of an amendment, but

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168

must serve notice of the ﬁling, as provided in Rule 5(b),

on every affected party who has appeared and, as

provided in Rule 71.1(d), on every affected party who

has not appeared. In addition, the plaintiff must give the

clerk at least one copy of each amendment for the

defendants’ use, and additional copies at the request

of the clerk or a defendant. A defendant may appear or

answer in the time and manner and with the same

effect as provided in Rule 71.1(e).

(g) Substituting Parties. If a defendant dies, be-

comes incompetent, or transfers an interest after being

joined, the court may, on motion and notice of hearing,

order that the proper party be substituted. Service of

the motion and notice on a nonparty must be made as

provided in Rule 71.1(d)(3).

(h) Trial of the Issues.

(1)

Issues Other Than Compensation; Compen-

sation. In an action involving eminent domain under

federal law, the court tries all issues, including com-

pensation, except when compensation must be de-

termined:

(A) by any tribunal specially constituted by a

federal statute to determine compensation; or

(B) if there is no such tribunal, by a jury when a

party demands one within the time to answer or

within any additional time the court sets, unless

the court appoints a commission.

(2)

Appointing a Commission; Commission’s

Powers and Report.

(A) Reasons for Appointing. If a party has de-

manded a jury, the court may instead appoint a

three-person commission to determine compen-

sation because of the character, location, or quan-

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169

tity of the property to be condemned or for other

just reasons.

(B) Alternate Commissioners. The court may

appoint up to two additional persons to serve as

alternate commissioners to hear the case and

replace commissioners who, before a decision is

ﬁled, the court ﬁnds unable or disqualiﬁed to

perform their duties. Once the commission ren-

ders its ﬁnal decision, the court must discharge

any alternate who has not replaced a commis-

sioner.

Before making its appointments, the court must

advise the parties of the identity and qualiﬁcations

of each prospective commissioner and alternate,

and may permit the parties to examine them. The

parties may not suggest appointees, but for good

cause may object to a prospective commissioner

or alternate.

(D) Commission’s Powers and Report. A com-

mission has the powers of a master under Rule

53(c). Its action and report are determined by a

majority. Rule 53(d), (e), and (f) apply to its action

and report.

(i) Dismissal of the Action or a Defendant.

(1)

Dismissing the Action.

(A) By the Plaintiff. If no compensation hearing

on a piece of property has begun, and if the

plaintiff has not acquired title or a lesser interest or

taken possession, the plaintiff may, without a court

order, dismiss the action as to that property by

ﬁling a notice of dismissal brieﬂy describing the

property.

(B) By Stipulation. Before a judgment is entered

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170

vesting the plaintiff with title or a lesser interest in

or possession of property, the plaintiff and affected

defendants may, without a court order, dismiss the

action in whole or in part by ﬁling a stipulation of

dismissal. And if the parties so stipulate, the court

may vacate a judgment already entered.

sation has been determined and paid, the court

may, after a motion and hearing, dismiss the

action as to a piece of property. But if the plaintiff

has already taken title, a lesser interest, or pos-

session as to any part of it, the court must award

compensation for the title, lesser interest, or pos-

session taken.

(2)

Dismissing a Defendant. The court may at any

time dismiss a defendant who was unnecessarily or

improperly joined.

(3) Effect. A dismissal is without prejudice unless

otherwise stated in the notice, stipulation, or court

order.

(j) Deposit and Its Distribution.

(1) Deposit. The plaintiff must deposit with the

court any money required by law as a condition to

the exercise of eminent domain and may make a

deposit when allowed by statute.

(2) Distribution; Adjusting Distribution. After a de-

posit, the court and attorneys must expedite the

proceedings so as to distribute the deposit and to

determine and pay compensation. If the compensa-

tion ﬁnally awarded to a defendant exceeds the

amount distributed to that defendant, the court must

enter judgment against the plaintiff for the deﬁciency.

If the compensation awarded to a defendant is less

than the amount distributed to that defendant, the

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171

court must enter judgment against that defendant for

the overpayment.

(k) Condemnation Under a State’s Power of Emi-

nent Domain. This rule governs an action involving

eminent domain under state law. But if state law

provides for trying an issue by jury—or for trying the

issue of compensation by jury or commission or both

—that law governs.

(l) Costs. Costs are not subject to Rule 54(d).

Rule 71A. [Transferred]

Rule 72. Magistrate Judges: Pretrial Order

(a) Nondispositive Matters. When a pretrial matter

not dispositive of a party’s claim or defense is referred

to a magistrate judge to hear and decide, the magis-

trate judge must promptly conduct the required pro-

ceedings and, when appropriate, issue a written order

stating the decision. A party may serve and ﬁle objec-

tions to the order within 14 days after being served with

a copy. A party may not assign as error a defect in the

order not timely objected to. The district judge in the

case must consider timely objections and modify or set

aside any part of the order that is clearly erroneous or

is contrary to law.

(b) Dispositive Motions and Prisoner Petitions.

(1)

Findings and Recommendations. A magistrate

judge must promptly conduct the required proceed-

ings when assigned, without the parties’ consent, to

hear a pretrial matter dispositive of a claim or

defense or a prisoner petition challenging the condi-

tions of conﬁnement. A record must be made of all

evidentiary proceedings and may, at the magistrate

judge’s discretion, be made of any other proceed-

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172

ings. The magistrate judge must enter a recom-

mended disposition, including, if appropriate, pro-

posed ﬁndings of fact. The clerk must immediately

serve a copy on each party as provided in Rule 5(b).

(2) Objections. Within 14 days after being served

with a copy of the recommended disposition, a party

may serve and ﬁle speciﬁc written objections to the

proposed ﬁndings and recommendations. A party

may respond to another party’s objections within 14

days after being served with a copy. Unless the

district judge orders otherwise, the objecting party

must promptly arrange for transcribing the record, or

whatever portions of it the parties agree to or the

magistrate judge considers sufficient.

(3)

Resolving Objections. The district judge must

determine de novo any part of the magistrate judge’s

disposition that has been properly objected to. The

district judge may accept, reject, or modify the

recommended disposition; receive further evidence;

or return the matter to the magistrate judge with

instructions.

Rule 73. Magistrate Judges: Trial by Consent; Ap-

peal

(a) Trial by Consent. When authorized under 28

U.S.C. § 636(c), a magistrate judge may, if all parties

consent, conduct a civil action or proceeding, including

a jury or nonjury trial. A record must be made in

accordance with 28 U.S.C. § 636(c)(5).

(b) Consent Procedure.

(1)

In General. When a magistrate judge has

been designated to conduct civil actions or proceed-

ings, the clerk must give the parties written notice of

their opportunity to consent under 28 U.S.C. §

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173

636(c). To signify their consent, the parties must

jointly or separately ﬁle a statement consenting to

the referral. A district judge or magistrate judge may

be informed of a party’s response to the clerk’s

notice only if all parties have consented to the

referral.

(2)

Reminding the Parties About Consenting. A

district judge, magistrate judge, or other court official

may remind the parties of the magistrate judge’s

availability, but must also advise them that they are

free to withhold consent without adverse substantive

consequences.

(3) Vacating a Referral. On its own for good

cause—or when a party shows extraordinary circum-

stances—the district judge may vacate a referral to a

magistrate judge under this rule.

U.S.C. § 636(c)(3), an appeal from a judgment entered

at a magistrate judge’s direction may be taken to the

court of appeals as would any other appeal from a

district-court judgment.

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174

Rule 74. Method of Appeal from Magistrate Judge

to District Judge Under Title 28, U.S.C.

§ 636(c)(4) and Rule 73(d). [Abro-

gated]

Rule 75. Proceedings on Appeal from Magistrate

Judge to District Judge Under Rule

73(d). [Abrogated]

Rule 76. Judgment of the District Judge on the

Appeal Under Rule 73(d) and Costs.

[Abrogated]

TITLE X.

DISTRICT COURTS AND CLERKS: CONDUCTING

BUSINESS; ISSUING ORDERS

Rule

77. Conducting Business; Clerk’s Authority; Notice of an Order or

Judgment

78. Hearing Motions; Submission on Briefs

79. Records Kept by the Clerk

80. Stenographic Transcript as Evidence

Rule 77. Conducting Business; Clerk’s Authority;

Notice of an Order or Judgment

(a) When Court Is Open. Every district court is

considered always open for ﬁling any paper, issuing

and returning process, making a motion, or entering an

order.

(b) Place for Trial and Other Proceedings. Every

trial on the merits must be conducted in open court

and, so far as convenient, in a regular courtroom. Any

other act or proceeding may be done or conducted by

a judge in chambers, without the attendance of the

clerk or other court official, and anywhere inside or

Rules of Civil Procedure

175

outside the district. But no hearing—other than one ex

parte—may be conducted outside the district unless all

the affected parties consent.

(1) Hours. The clerk’s office—with a clerk or

deputy on duty—must be open during business

hours every day except Saturdays, Sundays, and

legal holidays. But a court may, by local rule or order,

require that the office be open for speciﬁed hours on

Saturday or a particular legal holiday other than one

listed in Rule 6(a)(6)(A).

(2)

Orders. Subject to the court’s power to sus-

pend, alter, or rescind the clerk’s action for good

cause, the clerk may:

(A) issue process;

(B) enter a default;

55(b)(1); and

(D) act on any other matter that does not re-

quire the court’s action.

(d) Serving Notice of an Order or Judgment.

(1)

Service. Immediately after entering an order or

judgment, the clerk must serve notice of the entry, as

provided in Rule 5(b), on each party who is not in

default for failing to appear. The clerk must record

the service on the docket. A party also may serve

notice of the entry as provided in Rule 5(b).

(2)

Time to Appeal Not Affected by Lack of Notice.

Lack of notice of the entry does not affect the time for

appeal or relieve—or authorize the court to re-

lieve—a party for failing to appeal within the time

allowed, except as allowed by Federal Rule of

Appellate Procedure (4)(a).

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176

Rule 78. Hearing Motions; Submission on Briefs

(a) Providing a Regular Schedule for Oral Hear-

ings. A court may establish regular times and places

for oral hearings on motions.

(b) Providing for Submission on Briefs. By rule or

order, the court may provide for submitting and deter-

mining motions on briefs, without oral hearings.

Rule 79. Records Kept by the Clerk

(a) Civil Docket.

(1) In General. The clerk must keep a record

known as the “civil docket” in the form and manner

prescribed by the Director of the Administrative

Office of the United States Courts with the approval

of the Judicial Conference of the United States. The

clerk must enter each civil action in the docket.

Actions must be assigned consecutive ﬁle numbers,

which must be noted in the docket where the ﬁrst

entry of the action is made.

(2)

Items to be Entered. The following items must

be marked with the ﬁle number and entered chrono-

logically in the docket:

(A) papers ﬁled with the clerk;

(B) process issued, and proofs of service or

other returns showing execution; and

ments.

(3)

Contents of Entries; Jury Trial Demanded.

Each entry must brieﬂy show the nature of the paper

ﬁled or writ issued, the substance of each proof of

service or other return, and the substance and date

of entry of each order and judgment. When a jury

trial has been properly demanded or ordered, the

clerk must enter the word “jury” in the docket.

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177

(b) Civil Judgments and Orders. The clerk must

keep a copy of every ﬁnal judgment and appealable

order; of every order affecting title to or a lien on real or

personal property; and of any other order that the court

directs to be kept. The clerk must keep these in the

form and manner prescribed by the Director of the

Administrative Office of the United States Courts with

the approval of the Judicial Conference of the United

States.

tion, the clerk must:

(1) keep indexes of the docket and of the judg-

ments and orders described in Rule 79(b); and

(2) prepare calendars of all actions ready for trial,

distinguishing jury trials from nonjury trials.

(d) Other Records. The clerk must keep any other

records required by the Director of the Administrative

Office of the United States Courts with the approval of

the Judicial Conference of the United States.

Rule 80. Stenographic Transcript as Evidence

If stenographically reported testimony at a hearing or

trial is admissible in evidence at a later trial, the

testimony may be proved by a transcript certiﬁed by the

person who recorded it.

TITLE XI.

GENERAL PROVISIONS

Rule

81. Applicability of the Rules in General; Removed Actions

82. Jurisdiction and Venue Unaffected

83. Rules by District Courts; Judge’s Directives

85. Title

86. Effective Dates

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178

Rule

87. Civil Rules Emergency

Rule 81. Applicability of the Rules in General;

Removed Actions

(a) Applicability to Particular Proceedings.

(1) Prize Proceedings. These rules do not apply

to prize proceedings in admiralty governed by 10

U.S.C. §§ 7651–7681.

(2) Bankruptcy. These rules apply to bankruptcy

proceedings to the extent provided by the Federal

Rules of Bankruptcy Procedure.

(3) Citizenship. These rules apply to proceedings

for admission to citizenship to the extent that the

practice in those proceedings is not speciﬁed in

federal statutes and has previously conformed to the

practice in civil actions. The provisions of 8 U.S.C. §

1451 for service by publication and for answer apply

in proceedings to cancel citizenship certiﬁcates.

(4) Special Writs. These rules apply to proceed-

ings for habeas corpus and for quo warranto to the

extent that the practice in those proceedings:

(A) is not speciﬁed in a federal statute, the

Rules Governing Section 2254 Cases, or the

Rules Governing Section 2255 Cases; and

(B) has previously conformed to the practice in

civil actions.

(5)

Proceedings Involving a Subpoena. These

rules apply to proceedings to compel testimony or

the production of documents through a subpoena

issued by a United States officer or agency under a

federal statute, except as otherwise provided by

statute, by local rule, or by court order in the pro-

ceedings.

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179

(6) Other Proceedings. These rules, to the extent

applicable, govern proceedings under the following

laws, except as these laws provide other proce-

dures:

(A) 7 U.S.C. §§ 292, 499g(c), for reviewing an

order of the Secretary of Agriculture;

(B) 9 U.S.C., relating to arbitration;

the Secretary of the Interior;

(D) 15 U.S.C. § 715d(c), for reviewing an order

denying a certiﬁcate of clearance;

(E) 29 U.S.C. §§ 159, 160, for enforcing an

order of the National Labor Relations Board;

(F) 33 U.S.C. §§ 918, 921, for enforcing or

reviewing a compensation order under the Long-

shore and Harbor Workers’ Compensation Act;

and

(G) 45 U.S.C. § 159, for reviewing an arbitration

award in a railway-labor dispute.

(b) Scire Facias and Mandamus. The writs of scire

facias and mandamus are abolished. Relief previously

available through them may be obtained by appropri-

ate action or motion under these rules.

(1)

Applicability. These rules apply to a civil action

after it is removed from a state court.

(2) Further Pleading. After removal, repleading is

unnecessary unless the court orders it. A defendant

who did not answer before removal must answer or

present other defenses or objections under these

rules within the longest of these periods:

(A) 21 days after receiving—through service or

otherwise—a copy of the initial pleading stating

the claim for relief;

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180

(B) 21 days after being served with the sum-

mons for an initial pleading on ﬁle at the time of

service; or

(3) Demand for a Jury Trial.

(A) As Affected by State Law. A party who,

before removal, expressly demanded a jury trial in

accordance with state law need not renew the

demand after removal. If the state law did not

require an express demand for a jury trial, a party

need not make one after removal unless the court

orders the parties to do so within a speciﬁed time.

The court must so order at a party’s request and

may so order on its own. A party who fails to make

a demand when so ordered waives a jury trial.

(B)

Under Rule 38. If all necessary pleadings

have been served at the time of removal, a party

entitled to a jury trial under Rule 38 must be given

one if the party serves a demand within 14 days

after:

(i) it ﬁles a notice of removal; or

(ii) it is served with a notice of removal ﬁled

by another party.

(d) Law Applicable.

(1)

“State Law” Deﬁned. When these rules refer to

state law, the term “law” includes the state’s statutes

and the state’s judicial decisions.

(2) “State” Deﬁned. The term “state” includes,

where appropriate, the District of Columbia and any

United States commonwealth or territory.

(3) “Federal Statute” Deﬁned in the District of

Columbia.

In the United States District Court for the

District of Columbia, the term “federal statute” in-

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181

cludes any Act of Congress that applies locally to the

District.

Rule 82. Jurisdiction and Venue Unaffected

These rules do not extend or limit the jurisdiction of

the district courts or the venue of actions in those

courts. An admiralty or maritime claim under Rule 9(h)

is governed by 28 U.S.C. § 1390.

Rule 83. Rules by District Courts; Judge’s Direc-

tives

(a) Local Rules.

(1) In General. After giving public notice and an

opportunity for comment, a district court, acting by a

majority of its district judges, may adopt and amend

rules governing its practice. A local rule must be

consistent with—but not duplicate—federal statutes

and rules adopted under 28 U.S.C. §§ 2072 and

2075, and must conform to any uniform numbering

system prescribed by the Judicial Conference of the

United States. A local rule takes effect on the date

speciﬁed by the district court and remains in effect

unless amended by the court or abrogated by the

judicial council of the circuit. Copies of rules and

amendments must, on their adoption, be furnished to

the judicial council and the Administrative Office of

the United States Courts and be made available to

the public.

(2) Requirement of Form. A local rule imposing a

requirement of form must not be enforced in a way

that causes a party to lose any right because of a

nonwillful failure to comply.

(b) Procedures When There is No Controlling

Law. A judge may regulate practice in any manner

consistent with federal law, rules adopted under 28

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182

U.S.C. §§ 2072 and 2075, and the district’s local rules.

No sanction or other disadvantage may be imposed for

noncompliance with any requirement not in federal law,

federal rules, or the local rules unless the alleged

violator has been furnished in the particular case with

actual notice of the requirement.

Rule 85. Title

These rules may be cited as the Federal Rules of

Civil Procedure.

Rule 86. Effective Dates

(a) In General. These rules and any amendments

take effect at the time speciﬁed by the Supreme Court,

subject to 28 U.S.C. § 2074. They govern:

(1) proceedings in an action commenced after

their effective date; and

(2) proceedings after that date in an action then

pending unless:

(A) the Supreme Court speciﬁes otherwise; or

(B) the court determines that applying them in a

particular action would be infeasible or work an

injustice.

(b) December 1, 2007 Amendments. If any provi-

sion in Rules 1–5.1, 6–73, or 77–86 conﬂicts with

another law, priority in time for the purpose of 28

U.S.C. § 2072(b) is not affected by the amendments

taking effect on December 1, 2007.

Rule 87. Civil Rules Emergency

(a) Conditions for an Emergency. The Judicial

Conference of the United States may declare a Civil

Rules emergency if it determines that extraordinary

circumstances relating to public health or safety, or

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183

affecting physical or electronic access to a court,

substantially impair the court’s ability to perform its

functions in compliance with these rules.

(b) Declaring an Emergency.

(1) Content. The declaration:

(A) must designate the court or courts affected;

(B) adopts all the emergency rules in Rule 87(c)

unless it excepts one or more of them; and

more than 90 days.

(2)

Early Termination. The Judicial Conference

may terminate a declaration for one or more courts

before the termination date.

(3) Additional Declarations. The Judicial Confer-

ence may issue additional declarations under this

rule.

(1) Emergency Rules 4(e), (h)(1), (i), and (j)(2),

and for serving a minor or incompetent person. The

court may by order authorize service on a defendant

described in Rule 4(e), (h)(1), (i), or (j)(2)—or on a

minor or incompetent person in a judicial district of

the United States—by a method that is reasonably

calculated to give notice. A method of service may be

completed under the order after the declaration ends

unless the court, after notice and an opportunity to

be heard, modiﬁes or rescinds the order.

(2)

Emergency Rule 6(b)(2).

(A) Extension of Time to File Certain Motions. A

court may, by order, apply Rule 6(b)(1)(A) to

extend for a period of no more than 30 days after

entry of the order the time to act under Rules 50(b)

and (d), 52(b), 59(b), (d), and (e), and 60(b).

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184

(B) Effect on Time to Appeal. Unless the time to

appeal would otherwise be longer:

(i) if the court denies an extension, the time to

ﬁle an appeal runs for all parties from the date

the order denying the motion to extend is en-

tered;

(ii) if the court grants an extension, a motion

authorized by the court and ﬁled within the

extended period is, for purposes of Appellate

Rule 4(a)(4)(A), ﬁled “within the time allowed by”

the Federal Rules of Civil Procedure; and

(iii) if the court grants an extension and no

motion authorized by the court is made within

the extended period, the time to ﬁle an appeal

runs for all parties from the expiration of the

extended period.

(C)

Declaration Ends. An act authorized by an

order under this emergency rule may be com-

pleted under the order after the emergency dec-

laration ends.

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185