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the record of the action is filed in the district court of the United States.
(d) DISTRICT OF COLUMBIA; COURTS AND JUDGES. Whenever in these rules reference is made to a district court or to a district judge, the reference includes the District Court of the United States for the District of Columbia or a justice thereof; and whenever reference is made to a circuit court of appeals or to a judge thereof, the reference includes the United States Court of Appeals for the District of Columbia or a justice thereof.
(e) LAW APPLICABLE. Whenever in these rules the law of the state in which the district court is held is made applicable, the law applied in the District of Columbia governs proceedings in the District Court of the United States for the District of Columbia. When the word "state" is used, it includes, if appropriate, the District of Columbia. When the term "statute of the United States” is used, it includes, so far as concerns proceedings in the District Court of the United States for the District of Columbia, any Act of Congress locally applicable to and in force in the District of Columbia. When the law of a state is referred to, the word “law” includes the statutes of that state and the state judicial decisions construing them.
Rule 82. Jurisdiction and Venue Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the district courts of the United States or the venue of actions therein.
Rule 83. Rules by District Courts. Each district court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with these rules.
· RULES OF CIVIL PROCEDURE
Copies of rules and amendments so made by any district court shall upon their promulgation be furnished to the Supreme Court of the United States. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.
Rule 84. Forms. The forms contained in the Appendix of Forms are intended to indicate, subject to the provisions of these rules, the simplicity and brevity of statement which the rules contemplate.
Rule 85. Title. These rules may be known and cited as the Federal Rules of Civil Procedure.
Rule 86. Effective Date. These rules will take effect on the day which is 3 months subsequent to the adjournment of the second regular session of the 75th Congress, but if that day is prior to September 1, 1938, then these rules will take effect on September 1, 1938. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.
APPENDIX OF FORMS
(See Rule 84) Introductory Statement
1. The following forms are intended for illustration only. They are limited in number. No attempt is made to furnish a manual of forms. Each form assumes the action to be brought in the Southern District of New York. If the district in which an action is brought has divisions, the division should be indicated in the caption.
2. Except where otherwise indicated each pleading, motion, and other paper should have a caption similar to that of the summons, with the designation of the particular paper substituted for the word “Summons”. In the caption of the summons and in the caption of the complaint all parties must be named but in other pleadings and papers, it is sufficient to state the name of the first party on either side, with an appropriate indication of other parties. See Rules 4 (b), 7 (b) (2), and 10 (a).
3. In Form 3 and the forms following, the words, "Allegation of jurisdiction”, are used to indicate the appropriate allegation in Form 2.
4. Each pleading, motion, and other paper is to be signed in his individual name by at least one attorney of record (Rule 11). The attorney's name is to be followed by his address as indicated in Form 3. In forms following Form 3 the signature and address are not indicated.
5. If a party is not represented by an attorney, the sig. nature and address of the party are required in place of those of the attorney.
DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN
DISTRICT OF NEW YORK
Civil Action, File Number ---
A. B., Plaintiff
C. D., Defendant
To the above-named Defendant:
You are hereby summoned and required to serve upon --------, plaintiff's attorney, whose address is -----
--------, an answer to the complaint which is herewith served upon you, within 201 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. --------------
Clerk of Court. [Seal of the U. S. District Court] Dated -----
(This summons is issued pursuant to Rule 4 of the Federal Rules
of Civil Procedure.)
Form 2.—ALLEGATION OF JURISDICTION
(a) Jurisdiction founded on diversity of citizenship and amount.
Plaintiff is a citizen of the State of Connecticut and defendant is a corporation incorporated under the laws of the State of New York. The matter in controversy exceeds, exclusive of interest and costs, the sum of three thousand dollars.
(b) Jurisdiction founded on the existence of a Federal question and amount in controversy.
The action arises under the Constitution of the United States, Article ----, Section ---- ; [the ---- Amendment to the Constitution of the United States, Section ----]; [the Act of ------, ---- Stat. ----; U. S. C., Title ----, § ----];
'If the United States or an officer or agency thereof is a defendant, the time to be iuserted as to it is 60 days.
[the Treaty of the United States with (here describe the treaty)], as hereinafter more fully appears. The matter in controversy exceeds, exclusive of interest and costs, the sum of three thousand dollars.
(c) Jurisdiction founded on the existence of a question arising under particular statutes.
The action arises under the Act of ----, ---- Stat. ----; U. S. C., Title ----, $ ----, as hereinafter more fully appears.
Notes 1. Diversity of Citizenship. If the plaintiff is an assignee, he should allege such other facts of citizenship as will show that he is entitled to prosecute his action under U. S. C., Title 28, 8 41 (1).
2. Jurisdiction Founded on Some Fact Other Than Diversity of Citizenship. The allegation as to the matter in controversy may be omitted in any case where by law no jurisdictional amount is required. See for example, U. S. O., Title 28, § 41 (2)-(28).
3. Pleading Venue. Since improper venue is an affirmative dilatory defense, it is not necessary for plaintiff to include allegations showing the venue to be proper.
4. It is sufficient to allege that a corporation is incorporated in a particular state, there being, for jurisdictional purposes, a conclusive presumption that all of its members or stockholders are citizens of that State, Marshall v. Baltimore and Ohio R. R. Co., 16 How. 314
(U. S. 1853); Henderson, Position of Foreign Corporations in American Constitutional Law (1918) 54–64. Bee Form No. 124 and note thereto, and Form No. 125, 1 Sylvester's Bender's Federal Forms.
Form 3.—COMPLAINT ON A PROMISSORY NOTE
1. Allegation of jurisdiction.
2. Defendant on or about June 1, 1935, executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit Al; [whereby defendant promised to pay to plaintiff or order on June 1, 1936 the sum of ten thousand dollars with interest thereon at the rate of six percent. per annum].
3. Defendant owes to plaintiff the amount of said note and interest.
* Use the appropriate phrase or phrases. The general allegation of the existence of a Federal question is ineffective unless the matters constituting the claim for relief as set forth in the complaint raise a Federal question.