March 2020 Edition
Federal Rules of Civil Procedure[FRCP] 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.
- A civil action is commenced by filing a complaint with the court.
- There is one form of action—the civil action.
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 proceedings 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 proceedings.
(6) Other Proceedings. These rules, to the extent applicable, govern proceedings under the following laws, except as these laws provide other procedures:
(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;
(C) 15 U.S.C. § 522, for reviewing an order of 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 Longshore and Harbor Workers’ Compensation Act; and
(G) 45 U.S.C. § 159, for reviewing an arbitration award in a railway-labor dispute.
INDEX of the Federal Rules of Civil Procedure
as amended to December 1, 2018Â
Title I – Scope of Rules; Form of Action (Rules 1 and 2)
Title II – Commencing an Action; Service of Process; Pleadings, Motions, and Orders (Rules 3-6)
Title III – Pleadings and Motions (Rules 7-16)
Title IV – Parties (Rules 17-25)
Title V – Disclosures and Discovery (Rules 26-37)
Title VI – Trials (Rules 38-53)
Title VII – Judgment (Rules 54-63)
Title VIII – Provisional and Final Remedies (Rules 64-71)
Title IX – Special Proceedings (Rules 71-73)
Title X – District Courts and Clerks: Conducting Business; Issuing Orders (Rules 77-80)
Title XI – General Provisions (Rules 81-86)
Title XII – Appendix of Forms [Abrogated]
Title XIII – Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (Rules A-G)
- RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS
- TITLE I. SCOPE OF RULES; FORM OF ACTION
- Rule 1. Scope and Purpose
- Rule 2. One Form of Action
- TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
- Rule 3. Commencing an Action
- Rule 4. Summons
- Rule 4.1. Serving Other Process
- Rule 5. Serving and Filing Pleadings and Other Papers
- Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention
- Rule 5.2. Privacy Protection For Filings Made with the Court
- Rule 6. Computing and Extending Time; Time for Motion Papers
- TITLE III. PLEADINGS AND MOTIONS
- Rule 7. Pleadings Allowed; Form of Motions and Other Papers
- Rule 7.1. Disclosure Statement
- Rule 8. General Rules of Pleading
- Rule 9. Pleading Special Matters
- Rule 10. Form of Pleadings
- Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
- Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
- Rule 13. Counterclaim and Crossclaim
- Rule 14. Third-Party Practice
- Rule 15. Amended and Supplemental Pleadings
- Rule 16. Pretrial Conferences; Scheduling; Management
- TITLE IV. PARTIES
- Rule 17. Plaintiff and Defendant; Capacity; Public Officers
- Rule 18. Joinder of Claims
- Rule 19. Required Joinder of Parties
- Rule 20. Permissive Joinder of Parties
- Rule 21. Misjoinder and Nonjoinder of Parties
- Rule 22. Interpleader
- Rule 23. Class Actions
- Rule 23.1. Derivative Actions
- Rule 23.2. Actions Relating to Unincorporated Associations
- Rule 24. Intervention
- Rule 25. Substitution of Parties
- TITLE V. DISCLOSURES AND DISCOVERY
- Rule 26. Duty to Disclose; General Provisions Governing Discovery
- Rule 27. Depositions to Perpetuate Testimony
- Rule 28. Persons Before Whom Depositions May Be Taken
- Rule 29. Stipulations About Discovery Procedure
- Rule 30. Depositions by Oral Examination
- Rule 31. Depositions by Written Questions
- Rule 32. Using Depositions in Court Proceedings
- Rule 33. Interrogatories to Parties
- Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
- Rule 35. Physical and Mental Examinations
- Rule 36. Requests for Admission
- Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
- TITLE VI. TRIALS
- Rule 38. Right to a Jury Trial; Demand
- Rule 39. Trial by Jury or by the Court
- Rule 40. Scheduling Cases for Trial
- Rule 41. Dismissal of Actions
- Rule 42. Consolidation; Separate Trials
- Rule 43. Taking Testimony
- Rule 44. Proving an Official Record
- Rule 44.1. Determining Foreign Law
- Rule 45. Subpoena
- Rule 46. Objecting to a Ruling or Order
- Rule 47. Selecting Jurors
- Rule 48. Number of Jurors; Verdict; Polling
- Rule 49. Special Verdict; General Verdict and Questions
- Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
- Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error
- Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings
- Rule 53. Masters
- TITLE VII. JUDGMENT
- Rule 54. Judgment; Costs
- Rule 55. Default; Default Judgment
- Rule 56. Summary Judgment
- Rule 57. Declaratory Judgment
- Rule 58. Entering Judgment
- Rule 59. New Trial; Altering or Amending a Judgment
- Rule 60. Relief from a Judgment or Order
- Rule 61. Harmless Error
- Rule 62. Stay of Proceedings to Enforce a Judgment
- Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
- Rule 63. Judge’s Inability to Proceed
- TITLE VIII. PROVISIONAL AND FINAL REMEDIES
- Rule 64. Seizing a Person or Property
- Rule 65. Injunctions and Restraining Orders
- Rule 65.1. Proceedings Against a Security Provider
- Rule 66. Receivers
- Rule 67. Deposit into Court
- Rule 68. Offer of Judgment
- Rule 69. Execution
- Rule 70. Enforcing a Judgment for a Specific Act
- Rule 71. Enforcing Relief For or Against a Nonparty
- TITLE IX. SPECIAL PROCEEDINGS
- Rule 71.1. Condemning Real or Personal Property
- Rule 72. Magistrate Judges: Pretrial Order
- Rule 73. Magistrate Judges: Trial by Consent; Appeal
- Rule 74. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
- Rule 75. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
- Rule 76. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
- [Rule 71A. Renumbered Rule 71.1]
- TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS
- Rule 77. Conducting Business; Clerk’s Authority; Notice of an Order or Judgment
- Rule 78. Hearing Motions; Submission on Briefs
- Rule 79. Records Kept by the Clerk
- Rule 80. Stenographic Transcript as Evidence
- TITLE XI. GENERAL PROVISIONS
- Rule 81. Applicability of the Rules in General; Removed Actions
- Rule 82. Jurisdiction and Venue Unaffected
- Rule 83. Rules by District Courts; Judge’s Directives
- Rule 84. Abrogated, eff. Dec. 1, 2015
- Rule 85. Title
- Rule 86. Effective Dates
- XII. APPENDIX OF FORMS (U.S. Courts site)
- XIII. SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
- Rule A. Scope of Rules
- Rule B. In Personam Actions: Attachment and Garnishment
- Rule C. In Rem Actions: Special Provisions
- Rule D. Possessory, Petitory, and Partition Actions
- Rule E. Actions in Rem and Quasi in Rem: General Provisions
- Rule F. Limitation of Liability
- Rule G. Forfeiture Actions in Rem
Federal Rules of Civil Procedure(PDF)