TABLE OF CONTENTS Introductory Statement.... Orders of the Supreme Court Appointing the Advisory Committee.. Notes to Rules: I. Scope of Rules-One Form of Action: Rule 1. Scope of Rules____ Rule 2. One Form of Action___ II. Commencement of Action; Service of Process, Pleadings, Page 215 217 219 . 220 Rule 15. Amended and Supplemental Pleadings---- 233 234 Rule 17. Parties Plaintiff and Defendant; Capacity- 236 237 Rule 19. Necessary Joinder of Parties_. 238 Rule 20. Permissive Joinder of Parties___ 238 Rule 21. Misjoinder and Non-Joinder of Parties_. Rule 33. Interrogatories to Parties_- Rule 34. Discovery and Production of Documents Rule 70. Judgment for Specific Acts; Vesting Title_ 284 284 IX. Appeals: Rule 72. Appeal from a District Court to the Su- Rule 73. Appeal to a Circuit Court of Appeals.--- Court or to a Circuit Court of Appeals; 285 286 289 Rule 75. Record on Appeal to a Circuit Court of 289 Rule 76. Record on Appeal to a Circuit Court of 293 Table 1. Equity rules to which references are made in the notes to the Federal Rules of Civil Procedure__ 301 Table 2. Constitution, its amendments, and the sections 303 Bibliography.. 309 INTRODUCTORY STATEMENT Notes to the Federal Rules of Civil Procedure were prepared by the Reporter, Dean Clark, and his staff, in order to show the source of each rule, and to aid the Advisory Committee in framing their recommendations; to assist the members of the profession in their study of the Committee's preliminary drafts; and to aid the Supreme Court in its consideration of the Committee's report. Notes were first published with the Committee's Preliminary Draft of May 1936. They were revised and published with the Committee's Report of April 1937, and have been revised again to conform to the Committee's Final Report of November 1937, and to the rules as approved by the Court, December 20, 1937, both of which included some rearrangement and renumbering of rules. The notes in their revised form are now published by the Committee in order to preserve for the use of the profession material which the Reporter has so industriously gathered during the two and one-half years of the Committee's service. The notes show the background in Federal or State statutes and judicial decisions, in the Federal equity rules, or in the British system, of the procedure recommended by the Advisory Committee. Statements in the notes about the present state of the law, or the extent to which existing statutes have been superseded by or incorporated in the rules, should be taken only as suggestions and guides to source material. Such statements, and any other statements in the notes as to the purpose or effect of the rules, can have no greater force than the reasons which may be adduced to support them. The notes are not part of the rules, and the Supreme Court has not approved or otherwise assumed responsibility for them. They have no official sanction, and can have no controlling weight with the courts, when applying the rules in litigated cases. ADVISORY COMMITTEE ON |