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Introductory Statement...
Orders of the Supreme Court Appointing the Advisory

Notes to Rules:
J. 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,

Motions, and Orders:
Rule 3. Commencement of Action.
Rule 4. Process...
Rule 5. Service and Filing of Pleadings and Other

Rule 6. Time.--------
III. Pleadings and Motions:

Rule 7. Pleadings Allowed; Form of Motions
Rule 8. General Rules of Pleading ------
Rule 9. Pleading Special Matters -------
Rule 10. Form of Pleadings ------------
Rule 11. Signing of Pleadings ----
Rule 12. Defenses and Objections—When and How

Presented By Pleading or Motion

Motion for Judgment on Pleadings.---.
Rule 13. Counterclaim and Cross-Claim.-------
Rule 14. Third-Party Practice --------
Rule 15. Amended and Supplemental Pleadings...-

Rule 16. Pre-Trial Procedure; Formulating Issues..
IV. Parties :

Rule 17. Parties Plaintiff and Defendant; Capacity-
Rule 18. Joinder of Claims and Remedies---
Rule 19. Necessary Joinder of Parties.
Rule 20. Permissive Joinder of Parties.-
Rule 21. Misjoinder and Non-Joinder of Parties...
Rule 22. Interpleader.-----
Rule 23. Class Actions.--------
Rule 24. Intervention.-------

Rule 25. Substitution of Parties-----
V. Depositions and Discovery:

Rule 26. Depositions Pending Action -----------
Rule 27. Depositions Before Action or Pending

Rule 28. Persons Before Whom Depositions May Be
Taken ----

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Notes to Rules—Continued.

V. Depositions and Discovery-Continued.

Rule 30. Depositions Upon Oral Examination ----

Rule 31. Depositions of Witnesses Upon Written


Rule 32. Effect of Errors and Irregularities in De-


Rule 33. Interrogatories to Parties -------

Rule 34. Discovery and Production of Documents

and Things for Inspection, Copying, or


Rule 35. Physical and Mental Examination of Per-


Rule 36. Admission of Facts and of Genuineness of


Rule 37. Refusal to Make Discovery: Consequences.

VI. Trials:

Rule 38. Jury Trial of Right...

Rule 39. Trial by Jury or by the Court...

Rule 40. Assignment of Cases for Trial.

Rule 41. Dismissal of Actions.------

Rule 42. Consolidation; Separate Trials

Rule 43. Evidence-------------

Rule 44. Proof of Official Record...---

Rule 45. Subpoena...

Rule 46. Exceptions Unnecessary ----

Rule 47. Jurors.---

Rule 48. Juries of Less than Twelve-Majority


Rule 49. Special Verdicts and Interrogatories.

Rule 50. Motion for a Directed Verdict-----

Rule 51. Instructions to Jury: Objection...

Rule 52. Findings by the Court..

Rule 53. Masters..

VII. Judgment:

Rule 54. Judgments; Costs ----

Rule 55. Default-

Rule 56. Summary Judgment...

Rule 57. Declaratory Judgments.--

Rule 58. Entry of Judgment.---

Rule 59. New Trials.-------

Rule 60. Relief from Judgment or Order..

Rule 61. Harmless Error.--

Rule 62. Stay of Proceedings to Enforce a Judg-


Rule 63. Disability of a Judge.-----

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Notes to Rules—Continued.
VIII. Provisional and Final Remedies and Special Pro-

Rule 64. Seizure of Person or Property --
Rule 65. Injunctions...
Rule 67. Deposit in Court-----
Rule 68. Offer of Judgment.---
Rule 69. Execution.--------
Rule 70. Judgment for Specific Acts; Vesting Title.
Rule 71. Process in Behalf of and Against Persons

Not Parties.-----------
IX. Appeals:
Rule 72. Appeal from a District Court to the Su-

preme Court...
Rule 73. Appeal to a Circuit Court of Appeals.----
Rule 74. Joint or Several Appeals to the Supreme

Court or to a Circuit Court of Appeals;

Summons and Severance Abolished....
Rule 75. Record on Appeal to a Circuit Court of

Rule 76. Record on Appeal to a Circuit Court of

Appeals; Agreed Statement.----------
X. District Courts and Clerks:

Rule 77. District Courts and Clerks--------------
Rule 78. Motion Day -----
Rule 79. Books Kept by the Clerk and Entries

Rule 80. Stenographer; Stenographic Report or

Transcript as Evidence---------------
XI. General Provisions:

Rule 81. Applicability in General.--------
Rule 82. Jurisdiction and Venue Unaffected
Rule 83. Rules by District Courts.------
Rule 84. Forms..-----

Rule 86. Effective Date.
Table 1. Equity rules to which references are made in the

notes to the Federal Rules of Civil Procedure..
Table 2. Constitution, its amendments, and the sections

of the United States Code to which references
are made in the Federal Rules of Civil Pro-

cedure and the notes thereto... Bibliography---------






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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.


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