Federal Rules of Civil Procedure

Federal Rules of Civil Procedure in the United States

Legal Materials

A free unannotated version of the rules is posted online by the Cornell Legal Information Institute, which also provides the FRCP in eBook format. The Federal Judiciary posts the current FRCP in PDF format. Unannotated print editions includeFederal Civil Judicial Procedure and Rules (Thomson/West), and Federal Civil Rules Booklet (Dahlstrom).

Annotated print editions are published in the Appendex at the end of Title 28 in theUnited States Code Annotated (USCA) and the United States Code Service (USCS), as well as O’Connor’s Federal Rules: Civil Trials (Jones McClure). Annotated electronic editions are available on Lexis (GENFED;FRCRP) and Westlaw (US-RULES). To find all the mentions of a particular rule by a particular court, use Shepard’s or KeyCite and limit the results. To find all the mentions of a particular subsection by a particular court, go into the relevant Westlaw database and search on this sample format that you would use for Rule 42(a): f.r.c.p. “FED.RULES CIV.PROC” “FEDRULES CIVPROC” F.R.CIV.P. F.R.CIV.PRO. FED.R.CIV.P. FEDRCIVP FRCIVP /5 42(a) (42 +3 (a)).

Deadlines: The FRCP contains many deadlines (for filing documents, making discovery requests, etc.). The Litigation module of Practical Law includes a Common Deadlines in Federal Litigation Chart that lists and summarizes the common deadlines.

New Rules: Pending Rule Amendments are posted by the Federal Judiciary.

Old Rules: Historical edition of the Federal Rules of Civil Procedure can be found in the historical editions of the United States Code on Lexis, Westlaw and HeinOnline. You will find the Rules in the Appendex at the end of Title 28 for the USC for the relevant year.

Federal Rules of Civil Procedure in the Context of Service of Process on Foreign Defendants

Service of U.S. Process Abroad Under Old Rule 4(i) of the Federal Rules of Civil Procedure in International Civil Litigation

Analysis of the Service of U.S. Process Abroad Under Old Rule 4(i) of the Federal Rules of Civil Procedure in relation with the Contemporary U.S. Rules Governing Service of Process on Foreign Defendants.

Federal Rules of Civil Procedure Additional Contents

  • Time Table for Lawyers in Federal Civil Cases
  • Orders of the Supreme Court of the United States Adopting and Amending
    Rules
  • Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
    Actions

Other Rules

  • Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation
  • Rules Governing Section 2254 Cases in the United States District Courts
  • Rules Governing Section 2255 Proceedings for the United States District Courts.

Federal Rules of Civil Procedure in the Context of Service of Process on Foreign Defendants

Waivers of Service of Process Under Rule 4(d) of the Federal Rules of Civil Procedure in International Civil Litigation

Analysis of the Waivers of Service of Process Under Rule 4(d) of the Federal Rules of Civil Procedure in relation with the Contemporary U.S. Rules Governing Service of Process on Foreign Defendants.

Federal Rules of Civil Procedure

The encyclopedia provides a comprehensive treatment of all aspects of federal jurisdiction and procedure, including issues on district court jurisdiction.

Scope of Rules and Form of Action in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Scope of Rules and Form of Action covers the following topics:

Scope and Purpose of the Federal Rules of Civil Procedure

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One Form of Action

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Commencing an Action and Service of Process, Pleadings, Motions, and Orders in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Commencing an Action and Service of Process, Pleadings, Motions, and Orders covers the following topics:

Commencing an Action

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Summons

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Serving Other Process

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Serving and Filing Pleadings and Other Papers

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Constitutional Challenge to a Statute— Notice, Certification, and Intervention

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Privacy Protection for Filings Made with the Court

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Computing and Extending Time and Time for Motion Papers

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Pleadings and Motions in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Pleadings and Motions covers the following topics:

Pleadings Allowed and Form of Motions and Other Papers

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Disclosure Statement

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General Rules of Pleading

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Pleading Special Matters

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Form of Pleadings

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Signing Pleadings, Motions, and Other Papers and Representations to Court and Sanctions

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When and How Presented Defenses and Objections, Motion for Judgment on Pleadings, Consolidating Motions, Waiving Defenses and Pretrial Hearing

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Counterclaim and Crossclaim

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Third-Party Practice

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Amended and Supplemental Pleadings

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Pretrial Conferences, Scheduling and Management

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Parties in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Parties covers the following topics:

Plaintiff, Defendant, Capacity and Public Officers

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Joinder of Claims

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Required Joinder of Parties

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Permissive Joinder of Parties

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Misjoinder and Nonjoinder of Parties

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Interpleader

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Class Actions

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Derivative Actions

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Actions Relating to Unincorporated Associations

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Intervention

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Substitution of Parties

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Disclosures and Discovery in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Disclosures and Discovery covers the following topics:

Duty to Disclose and General Provisions Governing Discovery

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Depositions to Perpetuate Testimony

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Persons Before Whom Depositions May Be Taken

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Stipulations About Discovery Procedure

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Depositions by Oral Examination

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Depositions by Written Questions

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Using Depositions in Court Proceedings

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Interrogatories to Parties

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Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land for Inspection and Other Purposes

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Physical and Mental Examinations

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Requests for Admission

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Failure to Make Disclosures or to Cooperate in Discovery and Sanctions

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Trials in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Trials covers the following topics:

Right to a Jury Trial and Demand

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Trial by Jury or by the Court

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Scheduling Cases for Trial

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Dismissal of Actions

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Consolidation and Separate Trials

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Taking Testimony

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Proving an Official Record

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Determining Foreign Law

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Subpoena

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Objecting to a Ruling or Order

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Selecting of Jurors

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Number of Jurors and Verdict, Polling

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Special Verdict and General Verdict and Questions

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Judgment as a Matter of Law in a Jury Trial, Related Motion for a New Trial and Conditional Ruling

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Instructions to the Jury, Objections and Preserving a Claim of Error

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Findings and Conclusions by the Court and Judgment on partial Findings

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Masters

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Judgment in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Judgment covers the following topics:

Judgment and Costs

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Default and Default Judgment

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Summary Judgment

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Declaratory Judgment

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Entering Judgment

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New Trial and Altering or Amending a Judgment

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Relief From a Judgment or Order

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Harmless Error

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Stay of Proceedings to Enforce a Judgment

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Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal

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Judge’s Inability to Proceed

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Provisional and Final Remedies in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Provisional and Final Remedies covers the following topics:

Seizing a Person or Property

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Injunctions and Restraining Orders

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Proceedings Against a Surety

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Receivers

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Deposit into Court

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Offer of Judgment

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Execution

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Enforcing a Judgment for a Specific Act

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Enforcing Relief For or Against a NonParty

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Special Proceedings in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, Special Proceedings covers the following topics:

Condemning Real or Personal Property

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Magistrate Judges: Pretrial Order

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Magistrate Judges: Trial by Consent and Appeal

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Method of Appeal From Magistrate Judge to District Judge under TITLE 28, U.S.C. § 636(c)(4) and Rule 73(d)

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Proceedings on Appeal From Magistrate Judge to District Judge Under Rule 73(d)

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Judgment of the District Judge on the Appeal under Rule 73(d) and Costs

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District Courts and Clerks: Conducting Business and Issuing Orders in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, District Courts and Clerks: Conducting Business and Issuing Orders covers the following topics:

Conducting Business and Clerk’s Authority and Notice of an Order or Judgment

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Hearing Motions and Submission on Briefs

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Records Kept by the Clerk

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Stenographic Transcript as Evidence

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General Provisions in Federal Rules of Civil Procedure

In relation to federal court procedure and federal litigation, General Provisions covers the following topics:

Applicability of the Rules in General and Removed Actions

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Jurisdiction and Venue Unaffected

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Rules by District Courts and Judge’s Directives

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Forms

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Title

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Effective Dates

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Resources

See Also

  • Rules of Procedure of the Judicial Panel on Multidistrict Litigation
  • Habeas Corpus rules
  • Rules of the Supreme Court of the United States
  • Choice of Law Rule
  • Judicial Branch Jurisdiction
  • Legislative Jurisdiction
  • Supreme Court Jurisdiction
  • Judicial Jurisdiction Definition
  • Federal Procedure Rules
  • Federal Court Rules
  • Federal Rules of Appellate Procedure
  • Federal Rules of Bankruptcy Procedure
  • Federal Rules of Criminal Procedure
  • Federal Rules of Evidence

Further Reading

  • Charles Alan Wright, Arthur R. Miller & Andrew D. Leipold, Federal Practice & Procedure (Thomson West)
  • Robert C. Casad & William B. Richman, Jurisdiction in Civil Actions: Territorial Basis and Process Limitations on Jurisdiction of State and Federal Courts (Lexis Law)
  • James Wm. Moore & Daniel R. Coquillette, Moore’s Federal Practice (Matthew Bender, 2017)
  • Gregory A. Castanias & Robert H. Klonoff, Federal Appellate Practice and Procedure in a Nutshell (Thomson West)
  • Erwin Chemerinsky, Federal Jurisdiction (Aspen Publishers)
  • Robert M. Cover, Owen M. Fiss & Judith Resnik, The Federal Procedural System: A Rule and Statutory Source Book (Foundation Press)
  • Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiro, Hart and Wechsler’s The Federal Courts and the Federal System (Foundation Press)
  • Daniel J. Meador, Thomas E. Baker & Joan E. Steinman, Appellate Courts: Structures, Functions, Processes, and Personnel (LexisNexis)

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