VIII. Provisional and Final Remedies and Special Proceed ings Continued. -Rule 66. Receivers. Rule 67. Deposit in Court_ Rule 68. Offer of Judgment__ Rule 69. Execution: (a) In General_ (b) Against Certain Public Officers-- Rule 70. Judgment for Specific Acts; Vesting Title......... Parties__. IX. Appeals: Rule 72. Appeal from a District Court to the Supreme Court. 87 Rule 73. Appeal to a Circuit Court of Appeals: 89 90 (f) Judgment Against Surety.... (g) Docketing and Record on Appeal......... Rule 74. Joint or Several Appeals to the Supreme Court Rule 75. Record on Appeal to a Circuit Court of Appeals: Appeal. (b) Transcript... 90 (c) Form of Testimony (d) Statement of Points. (e) Record To Be Abbreviated__ (f) Stipulation as to Record....... (g) Record To Be Prepared by Clerk— (h) Power of Court to Correct Record_. (i) Order as to Original Papers or Exhibits__ (k) Several Appeals. (1) Printing- Rule 76. Record on Appeal to a Circuit Court of Appeals; Agreed Statement... X. District Courts and Clerks: Rule 77. District Courts and Clerks: (a) District Courts Always Open---- (b) Trials and Hearings; Orders in Chambers_ (d) Notice of Orders or Judgments...-- RULES OF CIVIL PROCEDURE FOR THE DISTRICT COURTS OF THE UNITED STATES I. SCOPE OF RULES-ONE FORM OF Rule 1. Scope of Rules. These rules govern the procedure in the district courts of the United States in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed to secure the just, speedy, and inexpensive determination of every action. There shall be one Rule 2. One Form of Action. form of action to be known as "civil action". 1 II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS Rule 3. Commencement of Action. A civil action is commenced by filing a complaint with the court. Rule 4. Process. (a) SUMMONS: ISSUANCE. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it for service to the marshal or to a person specially appointed to serve it. Upon request of the plaintiff separate or additional summons shall issue against any defendants. (b) SAME: FORM. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint. (c) BY WHOM SERVED. Service of all process shall be made by a United States marshal, by his deputy, or by some person specially appointed by the court for that purpose, except that a subpoena may be served as provided in Rule 45. Special appointments to serve process shall be made freely when substantial savings in travel fees will result. (d) SUMMONS: PERSONAL SERVICE. The summons and complaint shall be served together. The plaintiff shall furnish the person making service with 2 |