The Federal Rules of Civil Procedure


In U.S. district courts, the Federal Rules of Civil Procedure (FRCP) govern the civil legal process.  Almost all the federal courts use the FRCP as their rules of procedure, even when state law is applicable to the substantive issues in the case.  Thirty-five states have adopted the FRCP as their state courts’ rules of civil procedure.

Table of Contents for Rules

FEDERAL RULES OF CIVIL PROCEDURE

TITLE I. SCOPE OF RULES; FORM OF ACTION 2

Rule 1. Scope and Purpose

Rule 2. One Form of Action

TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS,MOTIONS, AND ORDERS 7

Rule 3. Commencing an Action

Rule 4. Summons

Rule 4.1. Serving Other Process

Rule 5. Serving and Filing Pleadings and Other Papers

Rule 5.1. Constitutional Challenge to a Statute–Notice, Certification, and Intervention

Rule 5.2. Privacy Protection For Filings Made with the Court

Rule 6. Computing and Extending Time; Time for Motion Papers

TITLE III. PLEADINGS AND MOTIONS 18

Rule 7. Pleadings Allowed; Form of Motions and Other Papers

Rule 7.1. Disclosure Statement

Rule 8. General Rules of Pleading [Part 1 of 2]

Rule 8. General Rules of Pleading [Part 2 of 2]

Rule 9. Pleading Special Matters

Rule 10. Form of Pleadings

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions [Part 1 of 2]

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions [Part 2 of 2]

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating

Rule 13. Counterclaim and Crossclaim

Rule 14. Third-Party Practice

Rule 15. Amended and Supplemental Pleadings [Part 1 of 3]

Rule 15. Amended and Supplemental Pleadings [Part 2 of 3]

Rule 15. Amended and Supplemental Pleadings [Part 3 of 3]

Rule 16. Pretrial Conferences; Scheduling; Management

TITLE IV. PARTIES 16

Rule 17. Plaintiff and Defendant; Capacity; Public Officers

Rule 18. Joinder of Claims

Rule 19. Required Joinder of Parties

Rule 20. Permissive Joinder of Parties

Rule 21. Misjoinder and Nonjoinder of Parties

Rule 22. Interpleader

Rule 23. Class Actions [Part 1 of 6]

Rule 23. Class Actions [Part 2 of 6]

Rule 23. Class Actions [Part 3 of 6]

Rule 23. Class Actions [Part 4 of 6]

Rule 23. Class Actions [Part 5 of 6]

Rule 23. Class Actions [Part 6 of 6]

Rule 23.1. Derivative Actions

Rule 23.2. Actions Relating to Unincorporated Associations

Rule 24. Intervention

Rule 25. Substitution of Parties

TITLE V. DISCLOSURES AND DISCOVERY 16

Preceding Rule 26

Rule 26. Duty to Disclose; General Provisions Governing Discovery [Part 1 of 3]

Rule 26. Duty to Disclose; General Provisions Governing Discovery [Part 2 of 3]

Rule 26. Duty to Disclose; General Provisions Governing Discovery [Part 3 of 3]

Rule 27. Depositions to Perpetuate Testimony

Rule 28. Persons Before Whom Depositions May Be Taken

Rule 29. Stipulations About Discovery Procedure

Rule 30. Depositions by Oral Examination

Rule 31. Depositions by Written Questions

Rule 32. Using Depositions in Court Proceedings

Rule 33. Interrogatories to Parties

Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for

Rule 35. Physical and Mental Examinations

Rule 36. Requests for Admission

Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions [Part 1 of 2]

Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions [Part 2 of 2]

TITLE VI. TRIALS 17

Rule 38. Right to a Jury Trial; Demand

Rule 39. Trial by Jury or by the Court

Rule 40. Scheduling Cases for Trial

Rule 41. Dismissal of Actions

Rule 42. Consolidation; Separate Trials

Rule 43. Taking Testimony

Rule 44. Proving an Official Record

Rule 44.1. Determining Foreign Law

Rule 45. Subpoena

Rule 46. Objecting to a Ruling or Order

Rule 47. Selecting Jurors

Rule 48. Number of Jurors; Verdict

Rule 49. Special Verdict; General Verdict and Questions

Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error

Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings

Rule 53. Masters

TITLE VII. JUDGMENT 15

Rule 54. Judgments; Costs

Rule 55. Default; Default Judgment

Rule 56. Summary Judgment [Part 1 of 4]

Rule 56. Summary Judgment [Part 2 of 4]

Rule 56. Summary Judgment [Part 3 of 4]

Rule 56. Summary Judgment [Part 4 of 4]

Rule 57. Declaratory Judgment

Rule 58. Entering Judgment

Rule 59. New Trial; Altering or Amending a Judgment

Rule 60. Relief from a Judgment or Order [Part 1 of 2]

Rule 60. Relief from a Judgment or Order [Part 2 of 2]

Rule 61. Harmless Error

Rule 62. Stay of Proceedings to Enforce a Judgment

Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal

Rule 63. Judge’s Inability to Proceed

TITLE VIII. PROVISIONAL AND FINAL REMEDIES 10

Preceding Rule 64

Rule 64. Seizing a Person or Property

Rule 65. Injunctions and Restraining Orders

Rule 65.1. Proceedings Against a Surety

Rule 66. Receivers

Rule 67. Deposit into Court

Rule 68. Offer of Judgment

Rule 69. Execution

Rule 70. Enforcing a Judgment for a Specific Act

Rule 71. Enforcing Relief For or Against a Nonparty

TITLE IX. SPECIAL PROCEEDINGS 8

Preceding Rule 71.1

Rule 71.1. Condemning Real or Personal Property

Rule 71A. [Transferred]

Rule 72. Magistrate Judges: Pretrial Order

Rule 73. Magistrate Judges: Trial by Consent; Appeal

Rule 74. [Abrogated]

Rule 75. [Abrogated]

Rule 76. [Abrogated]

TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS 4

Rule 77. Conducting Business; Clerk’s Authority; Notice of an Order or Judgment

Rule 78. Hearing Motions; Submission on Briefs

Rule 79. Records Kept by the Clerk

Rule 80. Stenographic Transcript as Evidence

TITLE XI. GENERAL PROVISIONS 6

Rule 81. Applicability of the Rules in General; Removed Actions

Rule 82. Jurisdiction and Venue Unaffected

Rule 83. Rules by District Courts; Judge’s Directives

Rule 84. Forms

Rule 85. Title

Rule 86. Effective Dates

APPENDIX OF FORMS 37

Preceding Form 1

Form 1. Caption.

Form 2. Date, Signature, Address, E-mail Address, and Telephone Number.

Form 3. Summons.

Form 4. Summons on a Third-Party Complaint.

Form 5. Notice of a Lawsuit and Request to Waive Service of a Summons.

Form 6. Waiver of the Service of Summons.

Form 7. Statement of Jurisdiction.

Form 8. Statement of Reasons for Omitting a Party.

Form 9. Statement Noting a Party’s Death.

Form 10. Complaint to Recover a Sum Certain.

Form 11. Complaint for Negligence.

Form 12. Complaint for Negligence When the Plaintiff Does Not Know Who Is Responsible.

Form 13. Complaint for Negligence Under the Federal Employers’ Liability Act.

Form 14. Complaint for Damages Under the Merchant Marine Act.

Form 15. Complaint for the Conversion of Property.

Form 16. Third-Party Complaint.

Form 17. Complaint for Specific Performance of a Contract to Convey Land.

Form 18. Complaint for Patent Infringement.

Form 19. Complaint for Copyright Infringement and Unfair Competition.

Form 20. Complaint for Interpleader and Declaratory Relief.

Form 21. Complaint on a Claim for a Debt and to Set Aside a Fraudulent Conveyance Under Rule 18(b).

Form 30. Answer Presenting Defenses Under Rule 12(b).

Form 31. Answer to a Complaint for Money Had and Received with a Counterclaim for Interpleader.

Form 40. Motion to Dismiss Under Rule 12(b) for Lack of Jurisdiction, Improper Venue, Insufficient Service of

Form 41. Motion to Bring in a Third-Party Defendant.

Form 42. Motion to Intervene as a Defendant Under Rule 24.

Form 50. Request to Produce Documents and Tangible Things, or to Enter onto Land Under Rule 34.

Form 51. Request for Admissions Under Rule 36.

Form 52. Report of the Parties’ Planning Meeting.

Form 60. Notice of Condemnation.

Form 61. Complaint for Condemnation.

Form 70. Judgment on a Jury Verdict.

Form 71. Judgment by the Court without a Jury.

Form 80. Notice of a Magistrate Judge’s Availability.

Form 81. Consent to an Assignment to a Magistrate Judge.

Form 82. Order of Assignment to a Magistrate Judge.

Federal Rules of Civil procedure


The Federal Rules of Civil Procedure: Related Pages