Rules of Civil Procedure for the U.S. District Courts, with Forms, as Amended to July 1, 1970

FOREWORD

This document contains the Rules of Civil Procedure for the United States District Courts, as promulgated and amended by the United States Supreme Court to July 1, 1970, together with the forms adopted by the Court pursuant to the provisions of Title 28, United States Code, section 2072. It has been prepared by Joseph Fischer, Esq., the law revision counsel of Subcommittee No. 3, of which Representative Robert W. Kastenmeier is chairman, in response to the need for an official up-to-date document containing the latest amendments.

For the convenience of the user, where a rule has been amended a reference to the citation and effective date of the amendment follows the text of the rule, as amended.

The United States Supreme Court Advisory Committee on Rules of Civil Procedure prepared extensive notes covering various aspects and provisions of the rules. These notes may be found in Title 28, United States Code, following the particular rule to which they relate

Emanuel Settor

Chairman, Committee on the Judiciary.

JULY 1, 1970.

III

AUTHORITY FOR PROMULGATION OF RULES

Title 28, United States Code

§ 2072. Rules of civil procedure.

The Supreme Court shall have the power to prescribe by general rules the forms of process, writs, pleadings, and motions, and the practice and procedure of the district courts of the United States in civil actions, including admiralty and maritime cases, and appeals therein, and the practice and procedure in proceedings for the review by the courts of appeals of decisions of the Tax Court of the United States and for the judicial review or enforcement of orders of administrative agencies, boards, commissions, and officers.

Such rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Seventh Amendment to the Constitution.

Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May, and until the expiration of ninety days after they have been thus reported.

All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede, or repeal any such rules heretofore prescribed by the Supreme Court. (June 25, 1948, ch. 646, § 1, 62 Stat. 961; May 24, 1949, ch. 139, § 103, 63 Stat. 104; July 18, 1949, ch. 343, 2, 63 Stat. 446; May 10, 1950, ch. 174, § 2, 64 Stat. 158; July 7, 1958, Pub. L. 85-508, § 12(m), 72 Stat. 348; Nov. 6, 1966, Pub. L. 89–773, § 1, 80 Stat. 1323.)

HISTORICAL NOTE

By the act of June 19, 1934 (ch. 651, 48 Stat. 1064; now 28 U.S. Code § 2072) the Supreme Court was authorized to prescribe general rules of civil procedure for the district courts. The rules, and subsequent amendments, were not to take effect until (1) they had been first reported to the Congress by the Attorney General at the beginning of a regular session and (2) after the close of that session.

Under a 1949 amendment to 28 U.S.C. § 2072, the Chief Justice of the United States, instead of the Attorney General, now reports the rules to the Congress. In 1950, that section was further amended so that amendments to the rules may be reported to Congress not later than May 1 each year and become effective 90 days after being reported.

The original rules, pursuant to the 1934 act, were adopted by order of the Court on December 20, 1937, transmitted to the Congress by the Attorney General on January 3, 1938, and became effective on September 16, 1938 (308 U.S. 645; Cong. Rec., vol. 83, pt. 1, p. 13; Exec. Comm. 905; H. Doc. 460, 75th Cong.).

Rule 81(a)(6) was abrogated by order of the Court on December 28, 1939, transmitted to the Congress by the Attorney General on January 3, 1940, effective April 3, 1941 (308 U.S. 642; Cong. Rec., vol. 86, pt. 1, p. 14; Exec. Comm. 1152).

Further amendments were adopted by the Supreme Court by order dated December 27, 1946, transmitted to the Congress by the Attorney General on January 3, 1947, and became effective March 19, 1948 (329 U.S. 839, Cong. Rec., vol. 93, pt. 1, p. 41; Exec. Comm. 32; H. Doc. 46, 80th Cong.). The amendments affected Rules 6, 7, 12, 13, 14, 17, 24, 26, 27, 28, 33, 34, 36, 41, 45, 52, 54, 56, 58, 59, 60, 62, 65, 66, 68, 73, 75, 77, 79, 81, 84, and 86; and Forms 17, 20, 22, and 25. Additional amendments were adopted by the Court by order dated December 29, 1948, transmitted to the Congress by the Attorney General on January 3, 1949, and became effective on October 20, 1949 (335 U.S. 919; Cong. Rec., vol. 95, pt. 1, p. 94; Exec. Comm. 24; H. Doc. 33, 81st Cong.). The amendments affected Rules 1, 17, 22, 24, 25, 27, 37, 45, 57, 60, 62, 65, 66, 67, 69, 72, 73, 74, 75, 76, 79, 81, 82, and 86; and Forms 1, 19, 22, 23, and 27.

Amendment to Rule 81(a) (7) and new Rule 71A and Forms 28 and 29 were adopted by the Court by order dated April 30, 1951, transmitted to the Congress on May 1, 1951, and became effective on August 1, 1951 (341 U.S. 959; Cong. Rec., vol. 97, pt. 4, p. 4666; Exec. Comm. 414; H. Doc. 121, 82d Cong.).

Additional amendments were adopted by the Court by order dated April 17, 1961, transmitted to the Congress by the Chief Justice on April 18, 1961, and became effective on July 19, 1961 (368 U.S. 1009; Cong. Rec., vol. 107, p. 6144; Exec. Comm. 821). The amendments affected Rules 25, 54, 62, and 86, and Forms 2 and 19.

Additional amendments were adopted by the Court by order dated January 21, 1963 (374 U.S. 865), transmitted to the Congress by

the Chief Justice (374 U.S. 863; Cong. Rec., vol. 109, pt. 1, p. 1037; Exec. Comm. 267; H. Doc. 48, 88th Cong.), and became effective on July 1, 1963, by order of the Court dated March 18, 1963 (374 U.S. 872; Exec. Comm. 569; H. Doc. 48, pt. 2, 88th Cong.; see also H. Doc. 67, 88th Cong.). The amendments affected Rules 4, 5, 6, 7, 12, 13, 14, 15, 24, 25, 26, 28, 30, 41, 49, 50, 52, 56, 58, 71A, 77, 79, 81, and 86, and Forms 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 18, 21, 22-A, and 22-B, and added Forms 30, 31, and 32.

Additional amendments were adopted by the Court by order dated February 28, 1966, transmitted to the Congress by the Chief Justice on February 28, 1966, and became effective on July 1, 1966 (383 U.S. 1031; Cong. Rec., vol. 112, p. 4053, Daily Issue; Exec. Comm. 2094; H. Doc. 391, 89th Cong.). The amendments affected Rules 1, 4, 8, 9, 12, 13, 14, 15, 17, 18, 19, 20, 23, 24, 26, 38, 41, 42, 43, 44, 47, 53, 59, 65, 68, 73, 74, 75, 81 and 82, and Forms 2 and 15, and added Rules 23.1, 23.2, 44.1, and 65.1, and Supplementary Rules A, B, C, D, E, and F for certain Admiralty and Maritime claims. The amendments govern all proceedings in actions brought after they became effective and also all further proceedings in actions then pending, except to the extent that in the opinion of the Court an application in a particular action then pending would not be feasible or would work injustice, in which event the former procedure applies.

In addition, Rule 6(c) of the Rules of Civil Procedure promulgated by the Court on December 20, 1937, effective September 16, 1938; Rule 2 of the Rules for Practice and Procedure under section 25 of an act to amend and consolidate the acts respecting copyright, approved March 4, 1909, promulgated by the Court on June 1, 1909, effective July 1, 1909; and the Rules of Practice in Admiralty and Maritime Cases, promulgated by the Court on December 6, 1920, effective March 7, 1921, as revised, amended and supplemented, were rescinded, effective July 1, 1966.

Additional amendments were adopted by the Court by order dated December 4, 1967, transmitted to the Congress by the Chief Justice on January 15, 1968, and became effective July 1, 1968 (389 U.S. 1063; Cong. Rec., vol. 114, p. H84, Daily Issue; Exec. Comm. 1361; H. Doc. 204, 90th Cong.). The amendments affected Rules 6(b), 9(h), 41(a)(1), 77(d), 81(a), and abrogated the chapter heading "IX. Appeals" and Rules 72-76, and Form 27.

Additional amendments were adopted by the Court by order dated March 30, 1970, transmitted to the Congress by the Chief Justice on March 30, 1970, and became effective July 1, 1970 (398 U.S. Cong. Rec., vol. 116, p. H2632, Daily Issue; Exec. Comm. 1839; H. Doc. 91-291). The amendments affected subdivision (a) of Rule 5, subdivision (h) of Rule 9 and Rules 26, 29 to 37 inclusive, and subdivision (d) of Rule 45, subdivision (a) of Rule 69, and Form 24.

Advisory Committee Notes

The notes of the Advisory Committee appointed by the Supreme Court to assist in preparing the rules and amendments are set out in Title 28, United States Code, following the particular rule to which they relate. In addition, the rules and amendments, together with Advisory Committee notes, are set out in the House documents listed above.