FEDERAL RULES 

OF 

CIVIL PROCEDURE 

DECEMBER 1, 2023 

UNUM

E PLURIBUS

Printed for the use 

of 

THE COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 
118TH CONGRESS " COMMITTEE PRINT ! No. 4

1st Session 

FEDERAL RULES 

OF 

CIVIL PROCEDURE 

DECEMBER 1, 2023 

UNUM

E PLURIBUS

Printed for the use 

of 

THE COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 

U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 2024
COMMITTEE ON THE JUDICIARY 

ONE HUNDRED EIGHTEENTH CONGRESS

JIM JORDAN, Ohio, Chairman 

DARRELL ISSA, California 

KEN BUCK, Colorado 

MATT GAETZ, Florida 

MIKE JOHNSON, Louisiana 

ANDY BIGGS, Arizona 

TOM MCCLINTOCK, California 

TOM TIFFANY, Wisconsin 

THOMAS MASSIE, Kentucky 

CHIP ROY, Texas 

DAN BISHOP, North Carolina 

VICTORIA SPARTZ, Indiana 

SCOTT FITZGERALD, Wisconsin 

CLIFF BENTZ, Oregon 

BEN CLINE, Virginia 

KELLY ARMSTRONG, North Dakota 

LANCE GOODEN, Texas 

JEFF VAN DREW, New Jersey 

TROY NEHLS, Texas 

BARRY MOORE, Alabama 

KEVIN KILEY, California 

HARRIET HAGEMAN, Wyoming 

NATHANIEL MORAN, Texas 

LAUREL LEE, Florida 

WESLEY HUNT, Texas 

RUSSELL FRY, South Carolina 

JERROLD NADLER, New York, Ranking Member 

ZOE LOFGREN, California 

SHEILA JACKSON LEE, Texas 

STEVE COHEN, Tennessee 

HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia 

ADAM SCHIFF, California 

ERIC SWALWELL, California 

TED LIEU, California 

PRAMILA JAYAPAL, Washington 

J. LUIS CORREA, California 

MARY GAY SCANLON, Pennsylvania 

JOE NEGUSE, Colorado 

LUCY MCBATH, Georgia 

MADELEINE DEAN, Pennsylvania 

VERONICA ESCOBAR, Texas 

DEBORAH ROSS, North Carolina 

CORI BUSH, Missouri 

GLENN IVEY, Maryland 

BECCA BALINT, Vermont 

CHRISTOPHER HIXON, Majority Staff Director 

AMY RUTKIN, Minority Staff Director and Chief of Staff 

(II) 
FOREWORD 

This document contains the Federal Rules of Civil Procedure together with forms, as amended to December 1, 2023. The rules have 

been promulgated and amended by the United States Supreme 

Court pursuant to law, and further amended by Acts of Congress. 

This document has been prepared by the Committee in response to 

the need for an official up-to-date document containing the latest 

amendments to the rules. 

For the convenience of the user, where a rule has been amended 

a reference to the date the amendment was promulgated and the 

date the amendment became effective follows the text of the rule. 

The Committee on Rules of Practice and Procedure and the Advisory Committee on the Federal Rules of Civil Procedure, Judicial Conference of the United States, prepared notes explaining 

the purpose and intent of the amendments to the rules. The Committee Notes may be found in the Appendix to Title 28, United 

States Code, following the particular rule to which they relate. 

Chairman, Committee on the Judiciary. 

DECEMBER 1, 2023. 

(III) 

(V) 

AUTHORITY FOR PROMULGATION OF RULES 

TITLE 28, UNITED STATES CODE 

§ 2072. Rules of procedure and evidence; power to prescribe 

(a) The Supreme Court shall have the power to prescribe general 

rules of practice and procedure and rules of evidence for cases in 

the United States district courts (including proceedings before 

magistrate judges thereof) and courts of appeals. 

(b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no 

further force or effect after such rules have taken effect. 

(c) Such rules may define when a ruling of a district court is 

final for the purposes of appeal under section 1291 of this title. 

(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4648, 

eff. Dec. 1, 1988; amended Pub. L. 101–650, title III, §§ 315, 321, Dec. 

1, 1990, 104 Stat. 5115, 5117.) 

§ 2073. Rules of procedure and evidence; method of prescribing 

(a)(1) The Judicial Conference shall prescribe and publish the 

procedures for the consideration of proposed rules under this section. 

(2) The Judicial Conference may authorize the appointment of 

committees to assist the Conference by recommending rules to be 

prescribed under sections 2072 and 2075 of this title. Each such 

committee shall consist of members of the bench and the professional bar, and trial and appellate judges. 

(b) The Judicial Conference shall authorize the appointment of 

a standing committee on rules of practice, procedure, and evidence under subsection (a) of this section. Such standing committee shall review each recommendation of any other committees so 

appointed and recommend to the Judicial Conference rules of 

practice, procedure, and evidence and such changes in rules proposed by a committee appointed under subsection (a)(2) of this 

section as may be necessary to maintain consistency and otherwise promote the interest of justice. 

(c)(1) Each meeting for the transaction of business under this 

chapter by any committee appointed under this section shall be 

open to the public, except when the committee so meeting, in 

open session and with a majority present, determines that it is in 

the public interest that all or part of the remainder of the meeting on that day shall be closed to the public, and states the reason 

for so closing the meeting. Minutes of each meeting for the transaction of business under this chapter shall be maintained by the 

committee and made available to the public, except that any portion of such minutes, relating to a closed meeting and made available to the public, may contain such deletions as may be necessary to avoid frustrating the purposes of closing the meeting. 
VI AUTHORITY FOR PROMULGATION OF RULES 

(2) Any meeting for the transaction of business under this chapter, by a committee appointed under this section, shall be preceded by sufficient notice to enable all interested persons to attend. 

(d) In making a recommendation under this section or under 

section 2072 or 2075, the body making that recommendation shall 

provide a proposed rule, an explanatory note on the rule, and a 

written report explaining the body’s action, including any minority or other separate views. 

(e) Failure to comply with this section does not invalidate a rule 

prescribed under section 2072 or 2075 of this title. 

(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649, 

eff. Dec. 1, 1988; amended Pub. L. 103–394, title I, § 104(e), Oct. 22, 

1994, 108 Stat. 4110.) 

§ 2074. Rules of procedure and evidence; submission to Congress; 

effective date 

(a) The Supreme Court shall transmit to the Congress not later 

than May 1 of the year in which a rule prescribed under section 

2072 is to become effective a copy of the proposed rule. Such rule 

shall take effect no earlier than December 1 of the year in which 

such rule is so transmitted unless otherwise provided by law. The 

Supreme Court may fix the extent such rule shall apply to proceedings then pending, except that the Supreme Court shall not 

require the application of such rule to further proceedings then 

pending to the extent that, in the opinion of the court in which 

such proceedings are pending, the application of such rule in such 

proceedings would not be feasible or would work injustice, in 

which event the former rule applies. 

(b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by 

Act of Congress. 

(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649, 

eff. Dec. 1, 1988.) 
(VII) 

HISTORICAL NOTE 

The Supreme Court prescribes rules of civil procedure for the 

district courts pursuant to section 2072 of Title 28, United States 

Code, as enacted by Title IV ‘‘Rules Enabling Act’’ of Pub. L. 

100–702 (approved November 19, 1988, 102 Stat. 4648), effective December 1, 1988. Pursuant to section 2074 of Title 28, the Supreme 

Court transmits to Congress (not later than May 1 of the year in 

which a rule prescribed under section 2072 is to become effective) 

a copy of the proposed rule. The rule takes effect no earlier than 

December 1 of the year in which the rule is transmitted unless 

otherwise provided by law. 

By act of June 19, 1934, ch. 651, 48 Stat. 1064 (subsequently 28 

United States 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 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, reported the 

rules to Congress. In 1950, section 2072 was further amended so 

that amendments to the rules could be reported to Congress not 

later than May 1 each year and become effective 90 days after 

being reported. Effective December 1, 1988, section 2072 was repealed and supplanted by new sections 2072 and 2074, see first paragraph of Historical Note above. 

The original rules, pursuant to act of June 19, 1934, were adopted 

by order of the Court on December 20, 1937, transmitted to Congress by the Attorney General on January 3, 1938, and became effective September 16, 1938 (308 U.S. 645; Cong. Rec., vol. 83, pt. 1, 

p. 13, Exec. Comm. 905; H. Doc. 460 and H. Doc. 588, 75th Cong.) 

Rule 81(a)(6) was abrogated by order of the Court on December 

28, 1939, transmitted to 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 Court by order dated 

December 27, 1946, transmitted to 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 and H. Doc. 473, 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 Congress by the Attorney 

General on January 3, 1949, and became effective October 20, 1949 

(335 U.S. 919; Cong. Rec., vol. 95, pt. 1, p. 94, Exec. Comm. 24; H. 
VIII HISTORICAL NOTE 

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 Congress by the Chief Justice on May 1, 1951, and became effective 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 Congress by the Chief Justice 

on April 18, 1961, and became effective July 19, 1961 (368 U.S. 1009; 

Cong. Rec., vol. 107, pt. 5, p. 6524, 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, transmitted to Congress by the Chief Justice on the same day (374 U.S. 861; Cong. Rec., vol. 109, pt. 1, p. 

1037, Exec. Comm. 267; H. Doc. 48, 88th Cong.), and became effective July 1, 1963, by order of the Court dated March 18, 1963 (374 

U.S. 861; Cong. Rec., vol. 109, pt. 4, p. 4639, 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 Congress by the Chief Justice on the same day (383 U.S. 1029; Cong. Rec., vol. 112, pt. 4, p. 

4229, Exec. Comm. 2094; H. Doc. 391, 89th Cong.), and became effective July 1, 1966. 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 Supplemental 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 Congress by the Chief Justice on January 15, 1968 (389 U.S. 1121; Cong. Rec., vol. 114, pt. 1, 

p. 113, Exec. Comm. 1361; H. Doc. 204, 90th Cong.), and became effective July 1, 1968. The amendments affected Rules 6(b), 9(h), 

41(a)(1), 77(d), and 81(a), and abrogated the chapter heading ‘‘IX. 

Appeals’’ and Rules 72–76, and Form 27. 
HISTORICAL NOTE IX

Additional amendments were adopted by the Court by order 

dated March 30, 1970, transmitted to Congress by the Chief Justice 

on the same day (398 U.S. 977; Cong. Rec., vol. 116, pt. 7, p. 9861, 

Exec. Comm. 1839; H. Doc. 91–291), and became effective July 1, 

1970. The amendments affected Rules 5(a), 9(h), 26, 29 to 37, 45(d), 

and 69(a), and Form 24. 

On March 1, 1971, the Court adopted additional amendments, 

which were transmitted to Congress by the Chief Justice on the 

same day (401 U.S. 1017; Cong. Rec., vol. 117, pt. 4, p. 4629, Exec. 

Comm. 341; H. Doc. 92–57), and became effective July 1, 1971. The 

amendments affected Rules 6(a), 27(a)(4), 30(b)(6), 77(c), and 

81(a)(2). 

Further amendments were proposed by the Court in its orders 

dated November 20 and December 18, 1972, and transmitted to Congress by the Chief Justice on February 5, 1973 (409 U.S. 1132 and 419 

U.S. 1133; Cong. Rec., vol. 119, pt. 3, p. 3247, Exec. Comm. 359; H. 

Doc. 93–46). Although these amendments were to have become effective July 1, 1973, Public Law 93–12 (approved March 30, 1973, 87 

Stat. 9) provided that the proposed amendments ‘‘shall have no 

force or effect except to the extent, and with such amendments, 

as they may be expressly approved by Act of Congress.’’ Section 

3 of Public Law 93–595 (approved January 2, 1975, 88 Stat. 1949) approved the amendments proposed by the Court, to be effective 

July 1, 1975. The amendments affected Rules 30(c), 43, and 44.1, and 

abrogated Rule 32(c). 

On April 29, 1980, the Court adopted additional amendments, 

which were transmitted to Congress by the Chief Justice on the 

same day (446 U.S. 995; Cong. Rec., vol. 126, pt. 8, p. 9535, Exec. 

Comm. 4260; H. Doc. 96–306), and became effective August 1, 1980. 

The amendments affected Rules 4, 5, 26, 28, 30, 32, 33, 34, 37, and 45. 

Section 205(a) and (b) of Public Law 96–481 (approved October 21, 

1980, 94 Stat. 2330) repealed Rule 37(f) and deleted the corresponding item from the Table of Contents, to be effective October 1, 

1981. 

Amendments to Rule 4 were adopted by the Court by order dated 

April 28, 1982, transmitted to Congress by the Chief Justice on the 

same day (456 U.S. 1013; Cong. Rec., vol. 128, pt. 6, p. 8191, Exec. 

Comm. 3822; H. Doc. 97–173), and became effective August 1, 1982. 

However, Public Law 97–227 (approved August 2, 1982, 96 Stat. 246) 

provided that the amendments to Rule 4 shall take effect on October 1, 1983, unless previously approved, disapproved, or modified by 

Act of Congress, and further provided that this Act shall be effective as of August 1, 1982, but shall not apply to the service of process that takes place between August 1, 1982, and the date of enactment of this Act [August 2, 1982]. Section 5 of Public Law 97–462 

(approved January 12, 1983, 96 Stat. 2530) provided that the amendments to Rule 4 the effective date of which was delayed by Public 

Law 97–227 shall not take effect. Sections 2 to 4 of Public Law 

97–462 amended Rule 4(a), (c) to (e), and (g), added Rule 4(j), and 

added Form 18–A in the Appendix of Forms, effective 45 days after 

enactment of Public Law 97–462 [February 26, 1983]. 

Additional amendments were adopted by the Court by order 

dated April 28, 1983, transmitted to Congress by the Chief Justice 

on the same day (461 U.S. 1095; Cong. Rec., vol. 129, pt. 8, p. 10479, 

Exec. Comm. 1027; H. Doc. 98–54), and became effective August 1, 
X HISTORICAL NOTE 

1983. The amendments included new Rules 26(g), 53(f), 72 through 

76 and new Official Forms 33 and 34, and amendments to Rules 

6(b), 7(b), 11, 16, 26(a), (b), 52(a), 53(a), (b), (c), and 67. 

Additional amendments were adopted by the Court by order 

dated April 29, 1985, transmitted to Congress by the Chief Justice 

on the same day (471 U.S. 1153; Cong. Rec., vol. 131, pt. 7, p. 9826, 

Exec. Comm. 1156; H. Doc. 99–63), and became effective August 1, 

1985. The amendments affected Rules 6(a), 45(d)(2), 52(a), 71A(h), 

and 83, Official Form 18–A, and Rules B(1), C(3), and E(4)(f) of the 

Supplemental Rules for Certain Admiralty and Maritime Claims. 

Additional amendments were adopted by the Court by order 

dated March 2, 1987, transmitted to Congress by the Chief Justice 

on the same day (480 U.S. 953; Cong. Rec., vol. 133, pt. 4, p. 4448, 

Exec. Comm. 714; H. Doc. 100–40), and became effective August 1, 

1987. The amendments affected Rules 4(b), (d)(1), (e), (i)(1), 5(b), (e), 

6(e), 8(a), (b), (e)(2), 9(a), 11, 12(a), (b), (e) to (g), 13(a), (e), (f), 14, 

15, 16(f), 17, 18, 19(a), (b), 20(b), 22(1), 23(c)(2), 23.1, 24(a), 25(b), (d), 

26(b)(3), (e)(1), (2), (f)(5), (g), 27(a)(1), (b), 28(b), 30(b)(1), (2), (4), (6), 

(7), (c), (e), (f)(1), (g), 31(a), (b), 32(a)(4), 34(a), 35(a), (b)(1), (2), 36, 

37(a)(2), (b)(2), (c), (d), (g), 38(c), (d), 41(a)(2), (b), 43(f), 44(a)(1), 44.1, 

45(c), (f), 46, 49(a), 50(b), (d), 51, 53(a), (c) to (e)(1), (3), (5), 54(c), 

55(a), (b), (e), 56(a), (b), (e) to (g), 60(b), 62(f), 63, 65(b), 65.1, 68, 69, 

71, 71A(d)(2), (3)(ii), (e) to (g), (j), 73(b), 75(b)(2), (c)(1), (2), (4), 77(c), 

78, and 81(c), and Rules B, C(3), (6), E(2)(b), (4)(b), (c), (5)(c), (9)(b), 

(c), and F(1) to (6) of the Supplemental Rules for Certain Admiralty and Maritime Claims. 

Additional amendments were adopted by the Court by order 

dated April 25, 1988, transmitted to Congress by the Chief Justice 

on the same day (485 U.S. 1043; Cong. Rec., vol. 134, pt. 7, p. 9154, 

Exec. Comm. 3515; H. Doc. 100–185), and became effective August 1, 

1988. The amendments affected Rules 17(a) and 71A(e). 

Section 7047(b) of Public Law 100–690 (approved November 18, 

1988, 102 Stat. 4401) amended Rule 35. Section 7049 of Public Law 

100–690, which directed amendment of Rule 17(a) by striking ‘‘with 

him’’, and section 7050 of Public Law 100–690, which directed 

amendment of Rule 71A(e) by striking ‘‘taking of the defendants 

property’’ and inserting ‘‘taking of the defendant’s property’’, 

could not be executed because of the intervening amendments to 

those Rules by the Court by order dated April 25, 1988, effective 

August 1, 1988. 

Additional amendments were adopted by the Court by order 

dated April 30, 1991, transmitted to Congress by the Chief Justice 

on the same day (500 U.S. 963; Cong. Rec., vol. 137, pt. 7, p. 9721, 

Ex. Comm. 1190; H. Doc. 102–77), and became effective December 1, 

1991. The amendments affected Rules 5, 15, 24, 34, 35, 41, 44, 45, 47, 

48, 50, 52, 53, 63, 72, and 77, the headings for chapters VIII and IX, 

and Rules C and E of the Supplemental Rules for Certain Admiralty and Maritime Claims, added new Official Forms 1A and 1B, 

and abrogated Form 18–A. 

Section 11 of Pub. L. 102–198 (approved December 9, 1991, 105 

Stat. 1626) amended Rule 15(c)(3) as transmitted to Congress by 

the Supreme Court to become effective on December 1, 1991; provided that Forms 1A and 1B included in the transmittal shall not 
HISTORICAL NOTE XI

be effective; and provided that Form 18–A, abrogated by the Supreme Court in the transmittal, effective December 1, 1991, shall 

continue in effect on or after that date. 

Additional amendments were adopted by the Court by order 

dated April 22, 1993, transmitted to Congress by the Chief Justice 

on the same day (507 U.S. 1089; Cong. Rec., vol. 139, pt. 6, p. 8127, 

Ex. Comm. 1102; H. Doc. 103–74), and became effective December 1, 

1993. The amendments affected Rules 1, 4, 5, 11, 12, 15, 16, 26, 28, 29, 

30, 31, 32, 33, 34, 36, 37, 38, 50, 52, 53, 54, 58, 71A, 72, 73, 74, 75, and 

76, added new Rule 4.1, affected Forms 2, 33, 34, and 34A, added new 

Forms 1A, 1B, and 35, and abrogated Form 18–A. 

Additional amendments were adopted by the Court by order 

dated April 27, 1995, transmitted to Congress by the Chief Justice 

on the same day (514 U.S. 1151; Cong. Rec., vol. 141, pt. 8, p. 11745, 

Ex. Comm. 804; H. Doc. 104–64), and became effective December 1, 

1995. The amendments affected Rules 50, 52, 59, and 83. 

Additional amendments were adopted by the Court by order 

dated April 23, 1996, transmitted to Congress by the Chief Justice 

on the same day (517 U.S. 1279; Cong. Rec., vol. 142, pt. 6, p. 8831, 

Ex. Comm. 2487; H. Doc. 104–201), and became effective December 

1, 1996. The amendments affected Rules 5 and 43. 

Additional amendments were adopted by the Court by order 

dated April 11, 1997, transmitted to Congress by the Chief Justice 

on the same day (520 U.S. 1305; Cong. Rec., vol. 143, pt. 4, p. 5551, 

Ex. Comm. 2795; H. Doc. 105–67), and became effective December 1, 

1997. The amendments affected Rules 9 and 73, abrogated Rules 74, 

75, and 76, and affected Forms 33 and 34. 

An additional amendment was adopted by the Court by order 

dated April 24, 1998, transmitted to Congress by the Chief Justice 

on the same day (523 U.S. 1221; H. Doc. 105–266), and became effective December 1, 1998. The amendment affected Rule 23. 

Additional amendments were adopted by the Court by order 

dated April 26, 1999, transmitted to Congress by the Chief Justice 

on the same day (526 U.S. 1183; Cong. Rec., vol. 145, pt. 6, p. 7907, 

Ex. Comm. 1787; H. Doc. 106–54), and became effective December 1, 

1999. The amendments affected Rule 6 and Form 2. 

Additional amendments were adopted by the Court by order 

dated April 17, 2000, transmitted to Congress by the Chief Justice 

on the same day (529 U.S. 1155; Cong. Rec., vol. 146, pt. 5, p. 6328, 

Ex. Comm. 7336; H. Doc. 106–228), and became effective December 

1, 2000. The amendments affected Rules 4, 5, 12, 14, 26, 30, and 37 

and Rules B, C, and E of the Supplemental Rules for Certain Admiralty and Maritime Claims. 

Additional amendments were adopted by the Court by order 

dated April 23, 2001, transmitted to Congress by the Chief Justice 

on the same day (532 U.S. 1085; Cong. Rec., vol. 147, pt. 5, p. 6126, 

Ex. Comm. 1575; H. Doc. 107–61), and became effective December 1, 

2001. The amendments affected Rules 5, 6, 65, 77, 81, and 82. 

Additional amendments were adopted by the Court by order 

dated April 29, 2002, transmitted to Congress by the Chief Justice 

on the same day (535 U.S. 1147; Cong. Rec., vol. 148, pt. 5, p. 6813, 

Ex. Comm. 6623; H. Doc. 107–204), and became effective December 

1, 2002. The amendments affected Rules 54, 58, and 81 and Rule C 

of the Supplemental Rules for Certain Admiralty and Maritime 

Claims and added new Rule 7.1. 
XII HISTORICAL NOTE 

Additional amendments were adopted by the Court by order 

dated March 27, 2003, transmitted to Congress by the Chief Justice 

on the same day (538 U.S. 1083; Cong. Rec., vol. 149, pt. 6, p. 7689, 

Ex. Comm. 1493; H. Doc. 108–56), and became effective December 1, 

2003. The amendments affected Rules 23, 51, 53, 54, and 71A and 

Forms 19, 31, and 32. 

Additional amendments were adopted by the Court by order 

dated April 25, 2005, transmitted to Congress by the Chief Justice 

on the same day (544 U.S. 1173; Cong. Rec., vol. 151, pt. 7, p. 8784, 

Ex. Comm. 1906; H. Doc. 109–23), and became effective December 1, 

2005. The amendments affected Rules 6, 27, and 45, and Rules B and 

C of the Supplemental Rules for Certain Admiralty and Maritime 

Claims. 

Additional amendments were adopted by the Court by order 

dated April 12, 2006, transmitted to Congress by the Chief Justice 

on the same day (547 U.S. 1233; Cong. Rec., vol. 152, pt. 6, p. 7213, 

Ex. Comm. 7317; H. Doc. 109–105), and became effective December 

1, 2006. The amendments affected Rules 5, 9, 14, 16, 24, 26, 33, 34, 37, 

45, 50, and 65.1, added new Rule 5.1, affected Form 35, affected 

Rules A, C, and E of the Supplemental Rules for Admiralty or 

Maritime Claims and Asset Forfeiture Actions, and added new 

Rule G to such Supplemental Rules. 

Additional amendments were adopted by the Court by order 

dated April 30, 2007, transmitted to Congress by the Chief Justice 

on the same day (550 U.S. 1003; Cong. Rec., vol. 153, pt. 8, p. 10612, 

Ex. Comm. 1377; H. Doc. 110–27), and became effective December 1, 

2007. The amendments affected Rules 1 through 86 and added new 

Rule 5.2; Forms 1 through 35 were amended to become restyled 

Forms 1 through 82. 

An additional amendment was adopted by the Court by order 

dated April 23, 2008, transmitted to Congress by the Chief Justice 

on the same day (553 U.S. 1149; Cong. Rec., vol. 154, pt. 8, p. 11078, 

Ex. Comm. 6881; H. Doc. 110–117), and became effective December 

1, 2008. The amendment affected Rule C of the Supplemental Rules 

for Admiralty or Maritime Claims and Asset Forfeiture Actions. 

Additional amendments were adopted by the Court by order 

dated March 26, 2009, transmitted to Congress by the Chief Justice 

on March 25, 2009 (556 U.S. 1341; Cong. Rec., vol. 155, pt. 8, p. 10210, 

Ex. Comm. 1264; H. Doc. 111–29), and became effective December 1, 

2009. The amendments affected Rules 6, 12, 13, 14, 15, 23, 27, 32, 38, 

48, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72, and 81, added new Rule 

62.1, and affected Forms 3, 4, and 60, and Rules B, C, and G of the 

Supplemental Rules for Admiralty or Maritime Claims and Asset 

Forfeiture Actions. 

Additional amendments were adopted by the Court by order 

dated April 28, 2010, transmitted to Congress by the Chief Justice 

on the same day (559 U.S. 1139; Cong. Rec., vol. 156, pt. 6, p. 8139, 

Ex. Comm. 7473; H. Doc. 111–111), and became effective December 

1, 2010. The amendments affected Rules 8, 26, and 56, and Form 52. 

Additional amendments were adopted by the Court by order 

dated April 16, 2013, transmitted to Congress by the Chief Justice 

on the same day (569 U.S. 1149; Cong. Rec., vol. 159, pt. 5, p. 6968, 

Ex. Comm. 1495; H. Doc. 113–29), and became effective December 1, 

2013. The amendments affected Rules 37 and 45. 
HISTORICAL NOTE XIII

An additional amendment was adopted by the Court by order 

dated April 25, 2014, transmitted to Congress by the Chief Justice 

on the same day (572 U.S. 1217; Cong. Rec., vol. 160, pt. 11, p. 15506, 

Ex. Comm. 7579; H. Doc. 113–163), and became effective December 

1, 2014. The amendment affected Rule 77. 

Additional amendments were adopted by the Court by order 

dated April 29, 2015, transmitted to Congress by the Chief Justice 

on the same day (575 U.S. 1055; Cong. Rec., vol. 161, pt. 5, p. 6139, 

Ex. Comm. 1373; H. Doc. 114–33), and became effective December 1, 

2015. The amendments affected Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 

and 55, abrogated Rule 84, and abrogated the Appendix of Forms 

(Forms 1 through 82). 

Additional amendments were adopted by the Court by order 

dated April 28, 2016, transmitted to Congress by the Chief Justice 

on the same day (578 U.S. 1061; Cong. Rec., vol. 162, pt. 4, p. 5467, 

Ex. Comm. 5233; H. Doc. 114–128), and became effective December 

1, 2016. The amendments affected Rules 4, 6, and 82. 

An additional amendment was adopted by the Court by order 

dated April 27, 2017, transmitted to Congress by the Chief Justice 

on the same day (581 U.S. 1049; Cong. Rec., vol. 163, pt. 6, p. 7574, 

Ex. Comm. 1255; H. Doc. 115–33), and became effective December 1, 

2017. The amendment affected Rule 4. 

Additional amendments were adopted by the Court by order 

dated April 26, 2018, transmitted to Congress by the Chief Justice 

on the same day (584 U.S. 1077; Cong. Rec., vol. 164, p. H3927, Daily 

Issue, Ex. Comm. 4789; H. Doc. 115–119), and became effective December 1, 2018. The amendments affected Rules 5, 23, 62, and 65.1. 

An additional amendment was adopted by the Court by order 

dated April 27, 2020, transmitted to Congress by the Chief Justice 

on the same day (590 U.S.——; Cong. Rec., vol. 166, p. H4223, Daily 

Issue, Ex. Comm. 4923; H. Doc. 116–145), and became effective December 1, 2020. The amendment affected Rule 30. 

Additional amendments were adopted by the Court by order 

dated April 11, 2022, transmitted to Congress by the Chief Justice 

on the same day (596 U.S.——; Cong. Rec., vol. 168, p. H4442, Daily 

Issue, Ex. Comm. 3741; H. Doc. 117–110), and became effective December 1, 2022. The amendments affected Rule 7.1 and added Supplemental Rules for Social Security Review Actions Under 42 

U.S.C. § 405(g) (Rules 1 to 8). 

Additional amendments were adopted by the Court by order 

dated April 24, 2023, transmitted to Congress by the Chief Justice 

on the same day (599 U.S.——; Cong. Rec., vol. 169, p. H1944, Daily 

Issue, Ex. Comm. 791; H. Doc. 118–30), and became effective December 1, 2023. The amendments affected Rules 6, 15, and 72, and added 

new Rule 87. 

Committee Notes 

Committee Notes prepared by the Committee on Rules of Practice and Procedure and the Advisory Committee on the Federal 

Rules of Civil Procedure, Judicial Conference of the United 

States, explaining the purpose and intent of the amendments are 

set out in the Appendix to Title 28, United States Code, following 

the particular rule to which they relate. In addition, the rules and 

amendments, together with Committee Notes, are set out in the 

House documents listed above. 

(XV) 

TABLE OF CONTENTS 

Page 

Foreword .............................................................................................................. III

Authority for promulgation of rules .................................................................... V

Historical note ..................................................................................................... VII

RULES 

TITLE I. SCOPE OF RULES; FORM OF ACTION 

Rule 1. Scope and Purpose ............................................................................. 1 

Rule 2. One Form of Action ........................................................................... 1 

TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, 

MOTIONS, AND ORDERS 

Rule 3. Commencing an Action ...................................................................... 1 

Rule 4. Summons ........................................................................................... 1 

Rule 4.1. Serving Other Process ..................................................................... 8 

Rule 5. Serving and Filing Pleadings and Other Papers ................................ 8 

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

Intervention ...................................................................................... 11 

Rule 5.2. Privacy Protection For Filings Made with the Court ..................... 11 

Rule 6. Computing and Extending Time; Time for Motion Papers ................ 12 

TITLE III. PLEADINGS AND MOTIONS 

Rule 7. Pleadings Allowed; Form of Motions and Other Papers .................... 14 

Rule 7.1. Disclosure Statement ...................................................................... 14 

Rule 8. General Rules of Pleading ................................................................. 15 

Rule 9. Pleading Special Matters ................................................................... 16 

Rule 10. Form of Pleadings ............................................................................ 17 

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to 

the Court; Sanctions ......................................................................... 18 

Rule 12. Defenses and Objections: When and How Presented; Motion for 

Judgment on the Pleadings; Consolidating Motions; Waiving 

Defenses; Pretrial Hearing ................................................................ 19 

Rule 13. Counterclaim and Crossclaim .......................................................... 21 

Rule 14. Third-Party Practice ........................................................................ 22 

Rule 15. Amended and Supplemental Pleadings ............................................ 24 

Rule 16. Pretrial Conferences; Scheduling; Management .............................. 25 

TITLE IV. PARTIES 

Rule 17. Plaintiff and Defendant; Capacity; Public Officers .......................... 27 

Rule 18. Joinder of Claims ............................................................................. 28 

Rule 19. Required Joinder of Parties ............................................................. 29 

Rule 20. Permissive Joinder of Parties .......................................................... 29 

Rule 21. Misjoinder and Nonjoinder of Parties .............................................. 30 

Rule 22. Interpleader ...................................................................................... 30 

Rule 23. Class Actions .................................................................................... 31 

Rule 23.1. Derivative Actions ......................................................................... 35 

Rule 23.2. Actions Relating to Unincorporated Associations ......................... 36 

Rule 24. Intervention ..................................................................................... 36 

Rule 25. Substitution of Parties .................................................................... 37 

TITLE V. DISCLOSURES AND DISCOVERY 

Rule 26. Duty to Disclose; General Provisions Governing Discovery ............ 37 

Rule 27. Depositions to Perpetuate Testimony .............................................. 46 

Rule 28. Persons Before Whom Depositions May Be Taken ........................... 47 

Rule 29. Stipulations About Discovery Procedure ......................................... 48 

Rule 30. Depositions by Oral Examination .................................................... 48 

Rule 31. Depositions by Written Questions .................................................... 52 

Rule 32. Using Depositions in Court Proceedings .......................................... 53 

Rule 33. Interrogatories to Parties ................................................................ 55 

Rule 34. Producing Documents, Electronically Stored Information, and 

Tangible Things, or Entering onto Land, for Inspection and Other 

Purposes ............................................................................................ 56 
XVI CONTENTS 

TITLE V. DISCLOSURES AND DISCOVERY—Continued Page 

Rule 35. Physical and Mental Examinations ................................................. 58 

Rule 36. Requests for Admission .................................................................... 59 

Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; 

Sanctions .......................................................................................... 60 

TITLE VI. TRIALS 

Rule 38. Right to a Jury Trial; Demand ......................................................... 64 

Rule 39. Trial by Jury or by the Court .......................................................... 64 

Rule 40. Scheduling Cases for Trial ............................................................... 65 

Rule 41. Dismissal of Actions ......................................................................... 65 

Rule 42. Consolidation; Separate Trials ......................................................... 66 

Rule 43. Taking Testimony ............................................................................ 66 

Rule 44. Proving an Official Record ............................................................... 66 

Rule 44.1. Determining Foreign Law .............................................................. 67 

Rule 45. Subpoena .......................................................................................... 67 

Rule 46. Objecting to a Ruling or Order ......................................................... 71 

Rule 47. Selecting Jurors ............................................................................... 72 

Rule 48. Number of Jurors; Verdict; Polling .................................................. 72 

Rule 49. Special Verdict; General Verdict and Questions .............................. 72 

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

a New Trial; Conditional Ruling ....................................................... 73 

Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error .. 74 

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

Findings ............................................................................................ 75 

Rule 53. Masters ............................................................................................. 76 

TITLE VII. JUDGMENT 

Rule 54. Judgment; Costs ............................................................................... 78 

Rule 55. Default; Default Judgment .............................................................. 80 

Rule 56. Summary Judgment ......................................................................... 80 

Rule 57. Declaratory Judgment ..................................................................... 82 

Rule 58. Entering Judgment .......................................................................... 82 

Rule 59. New Trial; Altering or Amending a Judgment ................................. 83 

Rule 60. Relief from a Judgment or Order ..................................................... 83 

Rule 61. Harmless Error ................................................................................. 84 

Rule 62. Stay of Proceedings to Enforce a Judgment .................................... 84 

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

Pending Appeal ................................................................................. 85 

Rule 63. Judge’s Inability to Proceed ............................................................ 86 

TITLE VIII. PROVISIONAL AND FINAL REMEDIES 

Rule 64. Seizing a Person or Property ........................................................... 86 

Rule 65. Injunctions and Restraining Orders ................................................. 86 

Rule 65.1. Proceedings Against a Security Provider ...................................... 88 

Rule 66. Receivers .......................................................................................... 88 

Rule 67. Deposit into Court ............................................................................ 88 

Rule 68. Offer of Judgment ............................................................................ 89 

Rule 69. Execution ......................................................................................... 89 

Rule 70. Enforcing a Judgment for a Specific Act ......................................... 90 

Rule 71. Enforcing Relief For or Against a Nonparty .................................... 90 

TITLE IX. SPECIAL PROCEEDINGS 

Rule 71.1. Condemning Real or Personal Property ........................................ 90 

Rule 72. Magistrate Judges: Pretrial Order ................................................... 94 

Rule 73. Magistrate Judges: Trial by Consent; Appeal .................................. 95 

Rule 74. [Abrogated.] 

Rule 75. [Abrogated.] 

Rule 76. [Abrogated.] 

TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; 

ISSUING ORDERS 

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

Judgment .......................................................................................... 96 

Rule 78. Hearing Motions; Submission on Briefs ........................................... 97 

Rule 79. Records Kept by the Clerk ............................................................... 97 

Rule 80. Stenographic Transcript as Evidence ............................................... 98 

TITLE XI. GENERAL PROVISIONS 

Rule 81. Applicability of the Rules in General; Removed Actions ................. 98 

Rule 82. Jurisdiction and Venue Unaffected .................................................. 100 

Rule 83. Rules by District Courts; Judge’s Directives ................................... 100 

Rule 84. [Abrogated.] 
CONTENTS XVII

TITLE XI. GENERAL PROVISIONS—Continued Page 

Rule 85. Title ................................................................................................. 100 

Rule 86. Effective Dates ................................................................................. 101 

Rule 87. Civil Rules Emergency ..................................................................... 101 

APPENDIX OF FORMS 

[Abrogated.] 

SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS 

AND ASSET FORFEITURE ACTIONS 

Rule A. Scope of Rules ......................................................................................... 104 

Rule B. In Personam Actions: Attachment and Garnishment ............................. 104 

Rule C. In Rem Actions: Special Provisions ........................................................ 105 

Rule D. Possessory, Petitory, and Partition Actions .......................................... 107 

Rule E. Actions in Rem and Quasi in Rem: General Provisions .......................... 108 

Rule F. Limitation of Liability ........................................................................... 111 

Rule G. Forfeiture Actions In Rem ...................................................................... 114 

SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 

U.S.C. §405(g) 

Rule 1. Review of Social Security Decisions Under 42 U.S.C. §405(g) ................... 119 

Rule 2. Complaint ................................................................................................ 120 

Rule 3. Service ..................................................................................................... 120 

Rule 4. Answer; Motions; Time ............................................................................ 120 

Rule 5. Presenting the Action for Decision ......................................................... 120 

Rule 6. Plaintiff’s Brief ........................................................................................ 121 

Rule 7. Commissioner’s Brief ............................................................................... 121 

Rule 8. Reply Brief ............................................................................................... 121 

(1) 

1Title amended December 29, 1948, effective October 20, 1949. 

RULES OF CIVIL PROCEDURE 

FOR THE 

UNITED STATES DISTRICT COURTS 1

Effective September 16, 1938, as amended to December 1, 2023 

TITLE I. SCOPE OF RULES; FORM OF ACTION 

Rule 1. Scope and Purpose 

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in 

Rule 81. They should be construed, administered, and employed by 

the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 

1, 1966; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; 

Apr. 29, 2015, eff. Dec. 1, 2015.) 

Rule 2. One Form of Action 

There is one form of action—the civil action. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, 

PLEADINGS, MOTIONS, AND ORDERS 

Rule 3. Commencing an Action 

A civil action is commenced by filing a complaint with the 

court. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 4. Summons 

(a) CONTENTS; AMENDMENTS. 

(1) Contents. A summons must: 

(A) name the court and the parties; 

(B) be directed to the defendant; 

(C) state the name and address of the plaintiff’s attorney 

or—if unrepresented—of the plaintiff; 

(D) state the time within which the defendant must appear and defend; 

(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; 

(F) be signed by the clerk; and 

(G) bear the court’s seal. 
Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 2 

(2) Amendments. The court may permit a summons to be 

amended. 

(b) ISSUANCE. On or after filing the complaint, the plaintiff may 

present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue 

it to the plaintiff for service on the defendant. A summons—or a 

copy of a summons that is addressed to multiple defendants—must 

be issued for each defendant to be served. 

(c) SERVICE. 

(1) In General. A summons must be served with a copy of the 

complaint. The plaintiff is responsible for having the summons 

and complaint served within the time allowed by Rule 4(m) 

and must furnish the necessary copies to the person who 

makes service. 

(2) By Whom. Any person who is at least 18 years old and not 

a party may serve a summons and complaint. 

(3) By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may order that service be made by a 

United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the 

plaintiff is authorized to proceed in forma pauperis under 28 

U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. 

(d) WAIVING SERVICE. 

(1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has 

a duty to avoid unnecessary expenses of serving the summons. 

The plaintiff may notify such a defendant that an action has 

been commenced and request that the defendant waive service 

of a summons. The notice and request must: 

(A) be in writing and be addressed: 

(i) to the individual defendant; or 

(ii) for a defendant subject to service under Rule 4(h), 

to an officer, a managing or general agent, or any 

other agent authorized by appointment or by law to receive service of process; 

(B) name the court where the complaint was filed; 

(C) be accompanied by a copy of the complaint, 2 copies 

of the waiver form appended to this Rule 4, and a prepaid 

means for returning the form; 

(D) inform the defendant, using the form appended to 

this Rule 4, of the consequences of waiving and not waiving service; 

(E) state the date when the request is sent; 

(F) give the defendant a reasonable time of at least 30 

days after the request was sent—or at least 60 days if sent 

to the defendant outside any judicial district of the United 

States—to return the waiver; and 

(G) be sent by first-class mail or other reliable means. 

(2) Failure to Waive. If a defendant located within the United 

States fails, without good cause, to sign and return a waiver 

requested by a plaintiff located within the United States, the 

court must impose on the defendant: 

(A) the expenses later incurred in making service; and 

(B) the reasonable expenses, including attorney’s fees, of 

any motion required to collect those service expenses. 
3 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 

(3) Time to Answer After a Waiver. A defendant who, before 

being served with process, timely returns a waiver need not 

serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside any judicial district of the United States. 

(4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if 

a summons and complaint had been served at the time of filing 

the waiver. 

(5) Jurisdiction and Venue Not Waived. Waiving service of a 

summons does not waive any objection to personal jurisdiction or to venue. 

(e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE

UNITED STATES. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person 

whose waiver has been filed—may be served in a judicial district 

of the United States by: 

(1) following state law for serving a summons in an action 

brought in courts of general jurisdiction in the state where the 

district court is located or where service is made; or 

(2) doing any of the following: 

(A) delivering a copy of the summons and of the complaint to the individual personally; 

(B) leaving a copy of each at the individual’s dwelling or 

usual place of abode with someone of suitable age and discretion who resides there; or 

(C) delivering a copy of each to an agent authorized by 

appointment or by law to receive service of process. 

(f) SERVING AN INDIVIDUAL IN A FOREIGN COUNTRY. Unless federal 

law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may 

be served at a place not within any judicial district of the United 

States: 

(1) by any internationally agreed means of service that is 

reasonably calculated to give notice, such as those authorized 

by the Hague Convention on the Service Abroad of Judicial 

and Extrajudicial Documents; 

(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, 

by a method that is reasonably calculated to give notice: 

(A) as prescribed by the foreign country’s law for service 

in that country in an action in its courts of general jurisdiction; 

(B) as the foreign authority directs in response to a letter rogatory or letter of request; or 

(C) unless prohibited by the foreign country’s law, by: 

(i) delivering a copy of the summons and of the complaint to the individual personally; or 

(ii) using any form of mail that the clerk addresses 

and sends to the individual and that requires a signed 

receipt; or 

(3) by other means not prohibited by international agreement, as the court orders. 

(g) SERVING A MINOR OR AN INCOMPETENT PERSON. A minor or an 

incompetent person in a judicial district of the United States 
Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 4 

must be served by following state law for serving a summons or 

like process on such a defendant in an action brought in the 

courts of general jurisdiction of the state where service is made. 

A minor or an incompetent person who is not within any judicial 

district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3). 

(h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Unless federal law provides otherwise or the defendant’s waiver has 

been filed, a domestic or foreign corporation, or a partnership or 

other unincorporated association that is subject to suit under a 

common name, must be served: 

(1) in a judicial district of the United States: 

(A) in the manner prescribed by Rule 4(e)(1) for serving 

an individual; or 

(B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any 

other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized 

by statute and the statute so requires—by also mailing a 

copy of each to the defendant; or 

(2) at a place not within any judicial district of the United 

States, in any manner prescribed by Rule 4(f) for serving an 

individual, except personal delivery under (f)(2)(C)(i). 

(i) SERVING THE UNITED STATES AND ITS AGENCIES, CORPORATIONS, OFFICERS, OR EMPLOYEES. 

(1) United States. To serve the United States, a party must: 

(A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where 

the action is brought—or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk—or 

(ii) send a copy of each by registered or certified mail to 

the civil-process clerk at the United States attorney’s office; 

(B) send a copy of each by registered or certified mail to 

the Attorney General of the United States at Washington, 

D.C.; and 

(C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by 

registered or certified mail to the agency or officer. 

(2) Agency; Corporation; Officer or Employee Sued in an Official 

Capacity. To serve a United States agency or corporation, or 

a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a 

copy of the summons and of the complaint by registered or 

certified mail to the agency, corporation, officer, or employee. 

(3) Officer or Employee Sued Individually. To serve a United 

States officer or employee sued in an individual capacity for 

an act or omission occurring in connection with duties performed on the United States’ behalf (whether or not the officer 

or employee is also sued in an official capacity), a party must 

serve the United States and also serve the officer or employee 

under Rule 4(e), (f), or (g). 

(4) Extending Time. The court must allow a party a reasonable time to cure its failure to: 
5 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 

(A) serve a person required to be served under Rule 

4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or 

(B) serve the United States under Rule 4(i)(3), if the 

party has served the United States officer or employee. 

(j) SERVING A FOREIGN, STATE, OR LOCAL GOVERNMENT. 

(1) Foreign State. A foreign state or its political subdivision, 

agency, or instrumentality must be served in accordance with 

28 U.S.C. § 1608. 

(2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization 

that is subject to suit must be served by: 

(A) delivering a copy of the summons and of the complaint to its chief executive officer; or 

(B) serving a copy of each in the manner prescribed by 

that state’s law for serving a summons or like process on 

such a defendant. 

(k) TERRITORIAL LIMITS OF EFFECTIVE SERVICE. 

(1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant: 

(A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located; 

(B) who is a party joined under Rule 14 or 19 and is 

served within a judicial district of the United States and 

not more than 100 miles from where the summons was issued; or 

(C) when authorized by a federal statute. 

(2) Federal Claim Outside State-Court Jurisdiction. For a claim 

that arises under federal law, serving a summons or filing a 

waiver of service establishes personal jurisdiction over a defendant if: 

(A) the defendant is not subject to jurisdiction in any 

state’s courts of general jurisdiction; and 

(B) exercising jurisdiction is consistent with the United 

States Constitution and laws. 

(l) PROVING SERVICE. 

(1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United 

States marshal or deputy marshal, proof must be by the server’s affidavit. 

(2) Service Outside the United States. Service not within any 

judicial district of the United States must be proved as follows: 

(A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or 

(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed 

by the addressee, or by other evidence satisfying the court 

that the summons and complaint were delivered to the addressee. 

(3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended. 

(m) TIME LIMIT FOR SERVICE. If a defendant is not served within 

90 days after the complaint is filed, the court—on motion or on its 
Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 6 

own after notice to the plaintiff—must dismiss the action without 

prejudice against that defendant or order that service be made 

within a specified time. But if the plaintiff shows good cause for 

the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in 

a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service 

of a notice under Rule 71.1(d)(3)(A). 

(n) ASSERTING JURISDICTION OVER PROPERTY OR ASSETS. 

(1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of 

the property must be given as provided in the statute or by 

serving a summons under this rule. 

(2) State Law. On a showing that personal jurisdiction over 

a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons 

under this rule, the court may assert jurisdiction over the defendant’s assets found in the district. Jurisdiction is acquired 

by seizing the assets under the circumstances and in the manner provided by state law in that district. 

(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 

1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 97–462, § 2, Jan. 12, 

1983, 96 Stat. 2527, eff. Feb. 26, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 

30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, 

eff. Dec. 1, 2016; Apr. 27, 2017, eff. Dec. 1, 2017.) 

RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF

SUMMONS. 

(Caption) 

To (name the defendant or—if the defendant is a corporation, partnership, or association—name an officer or agent authorized to receive 

service): 

WHY ARE YOU GETTING THIS? 

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the 

complaint is attached. 

This is not a summons, or an official notice from the court. It 

is a request that, to avoid expenses, you waive formal service of 

a summons by signing and returning the enclosed waiver. To avoid 

these expenses, you must return the signed waiver within (give at 

least 30 days or at least 60 days if the defendant is outside any judicial 

district of the United States) from the date shown below, which is 

the date this notice was sent. Two copies of the waiver form are 

enclosed, along with a stamped, self-addressed envelope or other 

prepaid means for returning one copy. You may keep the other 

copy. 

WHAT HAPPENS NEXT? 

If you return the signed waiver, I will file it with the court. The 

action will then proceed as if you had been served on the date the 

waiver is filed, but no summons will be served on you and you will 

have 60 days from the date this notice is sent (see the date below) 

to answer the complaint (or 90 days if this notice is sent to you 

outside any judicial district of the United States). 
7 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served 

on you. And I will ask the court to require you, or the entity you 

represent, to pay the expenses of making service. 

Please read the enclosed statement about the duty to avoid unnecessary expenses. 

I certify that this request is being sent to you on the date below. 

Date:lllllllllll 

lllllllllllllllllllllllllll 

(Signature of the attorney 

or unrepresented party) 

lllllllllllllllllllllllllll 

(Printed name) 

lllllllllllllllllllllllllll 

(Address) 

lllllllllllllllllllllllllll 

(E-mail address) 

lllllllllllllllllllllllllll 

(Telephone number) 

RULE 4 WAIVER OF THE SERVICE OF SUMMONS. 

(Caption) 

To (name the plaintiff’s attorney or the unrepresented plaintiff): 

I have received your request to waive service of a summons in 

this action along with a copy of the complaint, two copies of this 

waiver form, and a prepaid means of returning one signed copy of 

the form to you. 

I, or the entity I represent, agree to save the expense of serving 

a summons and complaint in this case. 

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and 

the venue of the action, but that I waive any objections to the absence of a summons or of service. 

I also understand that I, or the entity I represent, must file and 

serve an answer or a motion under Rule 12 within 60 days from 

lllllllllllllllllllll, the date when this request was sent (or 90 days if it was sent outside the United 

States). If I fail to do so, a default judgment will be entered 

against me or the entity I represent. 

Date:lllllllllll 

lllllllllllllllllllllllllll 

(Signature of the attorney 

or unrepresented party) 

lllllllllllllllllllllllllll 

(Printed name) 

lllllllllllllllllllllllllll 

(Address) 

lllllllllllllllllllllllllll 

(E-mail address) 

lllllllllllllllllllllllllll 

(Telephone number) 
Rule 4.1 FEDERAL RULES OF CIVIL PROCEDURE 8 

(Attach the following) 

DUTY TO AVOID UNNECESSARY EXPENSES

OF SERVING A SUMMONS

Rule 4 of the Federal Rules of Civil Procedure requires certain 

defendants to cooperate in saving unnecessary expenses of serving 

a summons and complaint. A defendant who is located in the 

United States and who fails to return a signed waiver of service 

requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows 

good cause for the failure. 

‘‘Good cause’’ does not include a belief that the lawsuit is 

groundless, or that it has been brought in an improper venue, or 

that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these 

and all other defenses and objections, but you cannot object to the 

absence of a summons or of service. 

If you waive service, then you must, within the time specified 

on the waiver form, serve an answer or a motion under Rule 12 on 

the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than 

if a summons had been served. 

Rule 4.1. Serving Other Process 

(a) IN GENERAL. Process—other than a summons under Rule 4 or 

a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that 

purpose. It may be served anywhere within the territorial limits 

of the state where the district court is located and, if authorized 

by a federal statute, beyond those limits. Proof of service must be 

made under Rule 4(l). 

(b) ENFORCING ORDERS: COMMITTING FOR CIVIL CONTEMPT. An 

order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced 

in any district. Any other order in a civil-contempt proceeding 

may be served only in the state where the issuing court is located 

or elsewhere in the United States within 100 miles from where the 

order was issued. 

(As added Apr. 22, 1993, eff. Dec. 1, 1993; amended Apr. 30, 2007, eff. 

Dec. 1, 2007.) 

Rule 5. Serving and Filing Pleadings and Other Papers 

(a) SERVICE: WHEN REQUIRED. 

(1) In General. Unless these rules provide otherwise, each of 

the following papers must be served on every party: 

(A) an order stating that service is required; 

(B) a pleading filed after the original complaint, unless 

the court orders otherwise under Rule 5(c) because there 

are numerous defendants; 

(C) a discovery paper required to be served on a party, 

unless the court orders otherwise; 

(D) a written motion, except one that may be heard ex 

parte; and 
9 FEDERAL RULES OF CIVIL PROCEDURE Rule 5 

(E) a written notice, appearance, demand, or offer of 

judgment, or any similar paper. 

(2) If a Party Fails to Appear. No service is required on a 

party who is in default for failing to appear. But a pleading 

that asserts a new claim for relief against such a party must 

be served on that party under Rule 4. 

(3) Seizing Property. If an action is begun by seizing property 

and no person is or need be named as a defendant, any service 

required before the filing of an appearance, answer, or claim 

must be made on the person who had custody or possession of 

the property when it was seized. 

(b) SERVICE: HOW MADE. 

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. 

(2) Service in General. A paper is served under this rule by: 

(A) handing it to the person; 

(B) leaving it: 

(i) at the person’s office with a clerk or other person 

in charge or, if no one is in charge, in a conspicuous 

place in the office; or 

(ii) if the person has no office or the office is closed, 

at the person’s dwelling or usual place of abode with 

someone of suitable age and discretion who resides 

there; 

(C) mailing it to the person’s last known address—in 

which event service is complete upon mailing; 

(D) leaving it with the court clerk if the person has no 

known address; 

(E) sending it to a registered user by filing it with the 

court’s electronic-filing system or sending it by other electronic means that the person consented to in writing—in 

either of which events service is complete upon filing or 

sending, but is not effective if the filer or sender learns 

that it did not reach the person to be served; or 

(F) delivering it by any other means that the person consented to in writing—in which event service is complete 

when the person making service delivers it to the agency 

designated to make delivery. 

(3) Using Court Facilities. [Abrogated (Apr. 26, 2018, eff. Dec. 

1, 2018.)] 

(c) SERVING NUMEROUS DEFENDANTS. 

(1) In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, 

order that: 

(A) defendants’ pleadings and replies to them need not be 

served on other defendants; 

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be 

treated as denied or avoided by all other parties; and 

(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties. 

(2) Notifying Parties. A copy of every such order must be 

served on the parties as the court directs. 
Rule 5 FEDERAL RULES OF CIVIL PROCEDURE 10 

(d) FILING. 

(1) Required Filings; Certificate of Service. 

(A) Papers after the Complaint. Any paper after the complaint that is required to be served must be filed no later 

than a reasonable time after service. But disclosures under 

Rule 26(a)(1) or (2) and the following discovery requests 

and responses must not be filed until they are used in the 

proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to 

permit entry onto land, and requests for admission. 

(B) Certificate of Service. No certificate of service is required when a paper is served by filing it with the court’s 

electronic-filing system. When a paper that is required to 

be served is served by other means: 

(i) if the paper is filed, a certificate of service must 

be filed with it or within a reasonable time after service; and 

(ii) if the paper is not filed, a certificate of service 

need not be filed unless filing is required by court 

order or by local rule. 

(2) Nonelectronic Filing. A paper not filed electronically is 

filed by delivering it: 

(A) to the clerk; or 

(B) to a judge who agrees to accept it for filing, and who 

must then note the filing date on the paper and promptly 

send it to the clerk. 

(3) Electronic Filing and Signing. 

(A) By a Represented Person—Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic filing is allowed by the 

court for good cause or is allowed or required by local rule. 

(B) By an Unrepresented Person—When Allowed or Required. A person not represented by an attorney: 

(i) may file electronically only if allowed by court 

order or by local rule; and 

(ii) may be required to file electronically only by 

court order, or by a local rule that includes reasonable 

exceptions. 

(C) Signing. A filing made through a person’s electronicfiling account and authorized by that person, together 

with that person’s name on a signature block, constitutes 

the person’s signature. 

(D) Same as a Written Paper. A paper filed electronically 

is a written paper for purposes of these rules. 

(4) Acceptance by the Clerk. The clerk must not refuse to file 

a paper solely because it is not in the form prescribed by these 

rules or by a local rule or practice. 

(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 

1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 

23, 1996, eff. Dec. 1, 1996; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, 

eff. Dec. 1, 2001; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 

1, 2007; Apr. 26, 2018, eff. Dec. 1, 2018.) 
11 FEDERAL RULES OF CIVIL PROCEDURE Rule 5.2 

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

(a) NOTICE BY A PARTY. A party that files a pleading, written 

motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly: 

(1) file a notice of constitutional question stating the question and identifying the paper that raises it, if: 

(A) a federal statute is questioned and the parties do not 

include the United States, one of its agencies, or one of its 

officers or employees in an official capacity; or 

(B) a state statute is questioned and the parties do not 

include the state, one of its agencies, or one of its officers 

or employees in an official capacity; and 

(2) serve the notice and paper on the Attorney General of the 

United States if a federal statute is questioned—or on the 

state attorney general if a state statute is questioned—either 

by certified or registered mail or by sending it to an electronic 

address designated by the attorney general for this purpose. 

(b) CERTIFICATION BY THE COURT. The court must, under 28 U.S.C. 

§ 2403, certify to the appropriate attorney general that a statute 

has been questioned. 

(c) INTERVENTION; FINAL DECISION ON THE MERITS. Unless the 

court sets a later time, the attorney general may intervene within 

60 days after the notice is filed or after the court certifies the 

challenge, whichever is earlier. Before the time to intervene expires, the court may reject the constitutional challenge, but may 

not enter a final judgment holding the statute unconstitutional. 

(d) NO FORFEITURE. A party’s failure to file and serve the notice, 

or the court’s failure to certify, does not forfeit a constitutional 

claim or defense that is otherwise timely asserted. 

(As added Apr. 12, 2006, eff. Dec. 1, 2006; amended Apr. 30, 2007, eff. 

Dec. 1, 2007.) 

Rule 5.2. Privacy Protection For Filings Made with the Court 

(a) REDACTED FILINGS. Unless the court orders otherwise, in an 

electronic or paper filing with the court that contains an individual’s social-security number, taxpayer-identification number, or 

birth date, the name of an individual known to be a minor, or a 

financial-account number, a party or nonparty making the filing 

may include only: 

(1) the last four digits of the social-security number and taxpayer-identification number; 

(2) the year of the individual’s birth; 

(3) the minor’s initials; and 

(4) the last four digits of the financial-account number. 

(b) EXEMPTIONS FROM THE REDACTION REQUIREMENT. The redaction requirement does not apply to the following: 

(1) a financial-account number that identifies the property 

allegedly subject to forfeiture in a forfeiture proceeding; 

(2) the record of an administrative or agency proceeding; 

(3) the official record of a state-court proceeding; 

(4) the record of a court or tribunal, if that record was not 

subject to the redaction requirement when originally filed; 

(5) a filing covered by Rule 5.2(c) or (d); and 
Rule 6 FEDERAL RULES OF CIVIL PROCEDURE 12 

(6) a pro se filing in an action brought under 28 U.S.C. §§ 2241, 

2254, or 2255. 

(c) LIMITATIONS ON REMOTE ACCESS TO ELECTRONIC FILES; SOCIALSECURITY APPEALS AND IMMIGRATION CASES. Unless the court orders otherwise, in an action for benefits under the Social Security 

Act, and in an action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, access to an electronic file is authorized as follows: 

(1) the parties and their attorneys may have remote electronic access to any part of the case file, including the administrative record; 

(2) any other person may have electronic access to the full 

record at the courthouse, but may have remote electronic access only to: 

(A) the docket maintained by the court; and 

(B) an opinion, order, judgment, or other disposition of 

the court, but not any other part of the case file or the administrative record. 

(d) FILINGS MADE UNDER SEAL. The court may order that a filing 

be made under seal without redaction. The court may later unseal 

the filing or order the person who made the filing to file a redacted version for the public record. 

(e) PROTECTIVE ORDERS. For good cause, the court may by order 

in a case: 

(1) require redaction of additional information; or 

(2) limit or prohibit a nonparty’s remote electronic access to 

a document filed with the court. 

(f) OPTION FOR ADDITIONAL UNREDACTED FILING UNDER SEAL. A 

person making a redacted filing may also file an unredacted copy 

under seal. The court must retain the unredacted copy as part of 

the record. 

(g) OPTION FOR FILING A REFERENCE LIST. A filing that contains 

redacted information may be filed together with a reference list 

that identifies each item of redacted information and specifies an 

appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of 

right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information. 

(h) WAIVER OF PROTECTION OF IDENTIFIERS. A person waives the 

protection of Rule 5.2(a) as to the person’s own information by filing it without redaction and not under seal. 

(As added Apr. 30, 2007, eff. Dec. 1, 2007.) 

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

(a) COMPUTING TIME. The following rules apply in computing any 

time period specified in these rules, in any local rule or court 

order, or in any statute that does not specify a method of computing time. 

(1) Period Stated in Days or a Longer Unit. When the period is 

stated in days or a longer unit of time: 

(A) exclude the day of the event that triggers the period; 

(B) count every day, including intermediate Saturdays, 

Sundays, and legal holidays; and 
13 FEDERAL RULES OF CIVIL PROCEDURE Rule 6 

(C) include the last day of the period, but if the last day 

is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a 

Saturday, Sunday, or legal holiday. 

(2) Period Stated in Hours. When the period is stated in hours: 

(A) begin counting immediately on the occurrence of the 

event that triggers the period; 

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and 

(C) if the period would end on a Saturday, Sunday, or 

legal holiday, the period continues to run until the same 

time on the next day that is not a Saturday, Sunday, or 

legal holiday. 

(3) Inaccessibility of the Clerk’s Office. Unless the court orders 

otherwise, if the clerk’s office is inaccessible: 

(A) on the last day for filing under Rule 6(a)(1), then the 

time for filing is extended to the first accessible day that 

is not a Saturday, Sunday, or legal holiday; or 

(B) during the last hour for filing under Rule 6(a)(2), then 

the time for filing is extended to the same time on the 

first accessible day that is not a Saturday, Sunday, or 

legal holiday. 

(4) ‘‘Last Day’’ Defined. Unless a different time is set by a 

statute, local rule, or court order, the last day ends: 

(A) for electronic filing, at midnight in the court’s time 

zone; and 

(B) for filing by other means, when the clerk’s office is 

scheduled to close. 

(5) ‘‘Next Day’’ Defined. The ‘‘next day’’ is determined by 

continuing to count forward when the period is measured after 

an event and backward when measured before an event. 

(6) ‘‘Legal Holiday’’ Defined. ‘‘Legal holiday’’ means: 

(A) the day set aside by statute for observing New Year’s 

Day, Martin Luther King Jr.’s Birthday, Washington’s 

Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, 

Veterans’ Day, Thanksgiving Day, or Christmas Day; 

(B) any day declared a holiday by the President or Congress; and 

(C) for periods that are measured after an event, any 

other day declared a holiday by the state where the district court is located. 

(b) EXTENDING TIME. 

(1) In General. When an act may or must be done within a 

specified time, the court may, for good cause, extend the time: 

(A) with or without motion or notice if the court acts, 

or if a request is made, before the original time or its extension expires; or 

(B) on motion made after the time has expired if the 

party failed to act because of excusable neglect. 

(2) Exceptions. A court must not extend the time to act under 

Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b). 

(c) MOTIONS, NOTICES OF HEARING, AND AFFIDAVITS. 

(1) In General. A written motion and notice of the hearing 

must be served at least 14 days before the time specified for 

the hearing, with the following exceptions: 
Rule 7 FEDERAL RULES OF CIVIL PROCEDURE 14 

(A) when the motion may be heard ex parte; 

(B) when these rules set a different time; or 

(C) when a court order—which a party may, for good 

cause, apply for ex parte—sets a different time. 

(2) Supporting Affidavit. Any affidavit supporting a motion 

must be served with the motion. Except as Rule 59(c) provides 

otherwise, any opposing affidavit must be served at least 7 

days before the hearing, unless the court permits service at 

another time. 

(d) ADDITIONAL TIME AFTER CERTAIN KINDS OF SERVICE. When a 

party may or must act within a specified time after being served 

and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with 

the clerk), or (F) (other means consented to), 3 days are added 

after the period would otherwise expire under Rule 6(a). 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; 

Mar. 1, 1971, eff. July 1, 1971; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 

1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 26, 1999, 

eff. Dec. 1, 1999; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 25, 2005, eff. Dec. 

1, 2005; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; 

Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 24, 2023, eff. Dec. 1, 2023.) 

TITLE III. PLEADINGS AND MOTIONS 

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

(a) PLEADINGS. Only these pleadings are allowed: 

(1) a complaint; 

(2) an answer to a complaint; 

(3) an answer to a counterclaim designated as a counterclaim; 

(4) an answer to a crossclaim; 

(5) a third-party complaint; 

(6) an answer to a third-party complaint; and 

(7) if the court orders one, a reply to an answer. 

(b) MOTIONS AND OTHER PAPERS. 

(1) In General. A request for a court order must be made by 

motion. The motion must: 

(A) be in writing unless made during a hearing or trial; 

(B) state with particularity the grounds for seeking the 

order; and 

(C) state the relief sought. 

(2) Form. The rules governing captions and other matters of 

form in pleadings apply to motions and other papers. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 7.1. Disclosure Statement 

(a) WHO MUST FILE; CONTENTS. 

(1) Nongovernmental Corporations. A nongovernmental corporate party or a nongovernmental corporation that seeks to 

intervene must file a statement that: 

(A) identifies any parent corporation and any publicly 

held corporation owning 10% or more of its stock; or 

(B) states that there is no such corporation. 
15 FEDERAL RULES OF CIVIL PROCEDURE Rule 8 

(2) Parties or Intervenors in a Diversity Case. In an action in 

which jurisdiction is based on diversity under 28 U.S.C. 

§ 1332(a), a party or intervenor must, unless the court orders 

otherwise, file a disclosure statement. The statement must 

name—and identify the citizenship of—every individual or entity whose citizenship is attributed to that party or intervenor: 

(A) when the action is filed in or removed to federal 

court, and 

(B) when any later event occurs that could affect the 

court’s jurisdiction under § 1332(a). 

(b) TIME TO FILE; SUPPLEMENTAL FILING. A party, intervenor, or 

proposed intervenor must: 

(1) file the disclosure statement with its first appearance, 

pleading, petition, motion, response, or other request addressed to the court; and 

(2) promptly file a supplemental statement if any required 

information changes. 

(As added Apr. 29, 2002, eff. Dec. 1, 2002; amended Apr. 30, 2007, eff. 

Dec. 1, 2007; Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 8. General Rules of Pleading 

(a) CLAIM FOR RELIEF. A pleading that states a claim for relief 

must contain: 

(1) a short and plain statement of the grounds for the court’s 

jurisdiction, unless the court already has jurisdiction and the 

claim needs no new jurisdictional support; 

(2) a short and plain statement of the claim showing that the 

pleader is entitled to relief; and 

(3) a demand for the relief sought, which may include relief 

in the alternative or different types of relief. 

(b) DEFENSES; ADMISSIONS AND DENIALS. 

(1) In General. In responding to a pleading, a party must: 

(A) state in short and plain terms its defenses to each 

claim asserted against it; and 

(B) admit or deny the allegations asserted against it by 

an opposing party. 

(2) Denials—Responding to the Substance. A denial must fairly 

respond to the substance of the allegation. 

(3) General and Specific Denials. A party that intends in good 

faith to deny all the allegations of a pleading—including the 

jurisdictional grounds—may do so by a general denial. A party 

that does not intend to deny all the allegations must either 

specifically deny designated allegations or generally deny all 

except those specifically admitted. 

(4) Denying Part of an Allegation. A party that intends in 

good faith to deny only part of an allegation must admit the 

part that is true and deny the rest. 

(5) Lacking Knowledge or Information. A party that lacks 

knowledge or information sufficient to form a belief about the 

truth of an allegation must so state, and the statement has 

the effect of a denial. 

(6) Effect of Failing to Deny. An allegation—other than one 

relating to the amount of damages—is admitted if a responsive 
Rule 9 FEDERAL RULES OF CIVIL PROCEDURE 16 

pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered 

denied or avoided. 

(c) AFFIRMATIVE DEFENSES. 

(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: 

• accord and satisfaction; 

• arbitration and award; 

• assumption of risk; 

• contributory negligence; 

• duress; 

• estoppel; 

• failure of consideration; 

• fraud; 

• illegality; 

• injury by fellow servant; 

• laches; 

• license; 

• payment; 

• release; 

• res judicata; 

• statute of frauds; 

• statute of limitations; and 

• waiver. 

(2) Mistaken Designation. If a party mistakenly designates a 

defense as a counterclaim, or a counterclaim as a defense, the 

court must, if justice requires, treat the pleading as though it 

were correctly designated, and may impose terms for doing so. 

(d) PLEADING TO BE CONCISE AND DIRECT; ALTERNATIVE STATEMENTS; INCONSISTENCY. 

(1) In General. Each allegation must be simple, concise, and 

direct. No technical form is required. 

(2) Alternative Statements of a Claim or Defense. A party may 

set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense 

or in separate ones. If a party makes alternative statements, 

the pleading is sufficient if any one of them is sufficient. 

(3) Inconsistent Claims or Defenses. A party may state as many 

separate claims or defenses as it has, regardless of consistency. 

(e) CONSTRUING PLEADINGS. Pleadings must be construed so as to 

do justice. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 28, 2010, eff. Dec. 1, 2010.) 

Rule 9. Pleading Special Matters 

(a) CAPACITY OR AUTHORITY TO SUE; LEGAL EXISTENCE. 

(1) In General. Except when required to show that the court 

has jurisdiction, a pleading need not allege: 

(A) a party’s capacity to sue or be sued; 

(B) a party’s authority to sue or be sued in a representative capacity; or 

(C) the legal existence of an organized association of persons that is made a party. 
17 FEDERAL RULES OF CIVIL PROCEDURE Rule 10 

(2) Raising Those Issues. To raise any of those issues, a party 

must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge. 

(b) FRAUD OR MISTAKE; CONDITIONS OF MIND. In alleging fraud or 

mistake, a party must state with particularity the circumstances 

constituting fraud or mistake. Malice, intent, knowledge, and 

other conditions of a person’s mind may be alleged generally. 

(c) CONDITIONS PRECEDENT. In pleading conditions precedent, it 

suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition 

precedent has occurred or been performed, a party must do so with 

particularity. 

(d) OFFICIAL DOCUMENT OR ACT. In pleading an official document 

or official act, it suffices to allege that the document was legally 

issued or the act legally done. 

(e) JUDGMENT. In pleading a judgment or decision of a domestic 

or foreign court, a judicial or quasi-judicial tribunal, or a board 

or officer, it suffices to plead the judgment or decision without 

showing jurisdiction to render it. 

(f) TIME AND PLACE. An allegation of time or place is material 

when testing the sufficiency of a pleading. 

(g) SPECIAL DAMAGES. If an item of special damage is claimed, 

it must be specifically stated. 

(h) ADMIRALTY OR MARITIME CLAIM. 

(1) How Designated. If a claim for relief is within the admiralty or maritime jurisdiction and also within the court’s subject-matter jurisdiction on some other ground, the pleading 

may designate the claim as an admiralty or maritime claim 

for purposes of Rules 14(c), 38(e), and 82 and the Supplemental 

Rules for Admiralty or Maritime Claims and Asset Forfeiture 

Actions. A claim cognizable only in the admiralty or maritime 

jurisdiction is an admiralty or maritime claim for those purposes, whether or not so designated. 

(2) Designation for Appeal. A case that includes an admiralty 

or maritime claim within this subdivision (h) is an admiralty 

case within 28 U.S.C. § 1292(a)(3). 

(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 

1, 1968; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 

30, 2007, eff. Dec. 1, 2007.) 

Rule 10. Form of Pleadings 

(a) CAPTION; NAMES OF PARTIES. Every pleading must have a caption with the court’s name, a title, a file number, and a Rule 7(a) 

designation. The title of the complaint must name all the parties; 

the title of other pleadings, after naming the first party on each 

side, may refer generally to other parties. 

(b) PARAGRAPHS; SEPARATE STATEMENTS. A party must state its 

claims or defenses in numbered paragraphs, each limited as far as 

practicable to a single set of circumstances. A later pleading may 

refer by number to a paragraph in an earlier pleading. If doing so 

would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must 

be stated in a separate count or defense. 
Rule 11 FEDERAL RULES OF CIVIL PROCEDURE 18 

(c) ADOPTION BY REFERENCE; EXHIBITS. A statement in a pleading 

may be adopted by reference elsewhere in the same pleading or in 

any other pleading or motion. A copy of a written instrument that 

is an exhibit to a pleading is a part of the pleading for all purposes. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions 

(a) SIGNATURE. Every pleading, written motion, and other paper 

must be signed by at least one attorney of record in the attorney’s 

name—or by a party personally if the party is unrepresented. The 

paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission 

is promptly corrected after being called to the attorney’s or party’s attention. 

(b) REPRESENTATIONS TO THE COURT. By presenting to the court 

a pleading, written motion, or other paper—whether by signing, 

filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, 

information, and belief, formed after an inquiry reasonable under 

the circumstances: 

(1) it is not being presented for any improper purpose, such 

as to harass, cause unnecessary delay, or needlessly increase 

the cost of litigation; 

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; 

(3) the factual contentions have evidentiary support or, if 

specifically so identified, will likely have evidentiary support 

after a reasonable opportunity for further investigation or discovery; and 

(4) the denials of factual contentions are warranted on the 

evidence or, if specifically so identified, are reasonably based 

on belief or a lack of information. 

(c) SANCTIONS. 

(1) In General. If, after notice and a reasonable opportunity 

to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any 

attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, 

a law firm must be held jointly responsible for a violation 

committed by its partner, associate, or employee. 

(2) Motion for Sanctions. A motion for sanctions must be 

made separately from any other motion and must describe the 

specific conduct that allegedly violates Rule 11(b). The motion 

must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, 

contention, or denial is withdrawn or appropriately corrected 

within 21 days after service or within another time the court 

sets. If warranted, the court may award to the prevailing 
19 FEDERAL RULES OF CIVIL PROCEDURE Rule 12 

party the reasonable expenses, including attorney’s fees, incurred for the motion. 

(3) On the Court’s Initiative. On its own, the court may order 

an attorney, law firm, or party to show cause why conduct 

specifically described in the order has not violated Rule 11(b). 

(4) Nature of a Sanction. A sanction imposed under this rule 

must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The 

sanction may include nonmonetary directives; an order to pay 

a penalty into court; or, if imposed on motion and warranted 

for effective deterrence, an order directing payment to the 

movant of part or all of the reasonable attorney’s fees and 

other expenses directly resulting from the violation. 

(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction: 

(A) against a represented party for violating Rule 

11(b)(2); or 

(B) on its own, unless it issued the show-cause order 

under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, 

or whose attorneys are, to be sanctioned. 

(6) Requirements for an Order. An order imposing a sanction 

must describe the sanctioned conduct and explain the basis for 

the sanction. 

(d) INAPPLICABILITY TO DISCOVERY. This rule does not apply to 

disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37. 

(As amended Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007.) 

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

Waiving Defenses; Pretrial Hearing 

(a) TIME TO SERVE A RESPONSIVE PLEADING. 

(1) In General. Unless another time is specified by this rule 

or a federal statute, the time for serving a responsive pleading 

is as follows: 

(A) A defendant must serve an answer: 

(i) within 21 days after being served with the summons and complaint; or 

(ii) if it has timely waived service under Rule 4(d), 

within 60 days after the request for a waiver was sent, 

or within 90 days after it was sent to the defendant 

outside any judicial district of the United States. 

(B) A party must serve an answer to a counterclaim or 

crossclaim within 21 days after being served with the 

pleading that states the counterclaim or crossclaim. 

(C) A party must serve a reply to an answer within 21 

days after being served with an order to reply, unless the 

order specifies a different time. 

(2) United States and Its Agencies, Officers, or Employees Sued 

in an Official Capacity. The United States, a United States 

agency, or a United States officer or employee sued only in an 
Rule 12 FEDERAL RULES OF CIVIL PROCEDURE 20 

official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the 

United States attorney. 

(3) United States Officers or Employees Sued in an Individual 

Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection 

with duties performed on the United States’ behalf must serve 

an answer to a complaint, counterclaim, or crossclaim within 

60 days after service on the officer or employee or service on 

the United States attorney, whichever is later. 

(4) Effect of a Motion. Unless the court sets a different time, 

serving a motion under this rule alters these periods as follows: 

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served 

within 14 days after notice of the court’s action; or 

(B) if the court grants a motion for a more definite 

statement, the responsive pleading must be served within 

14 days after the more definite statement is served. 

(b) HOW TO PRESENT DEFENSES. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if 

one is required. But a party may assert the following defenses by 

motion: 

(1) lack of subject-matter jurisdiction; 

(2) lack of personal jurisdiction; 

(3) improper venue; 

(4) insufficient process; 

(5) insufficient service of process; 

(6) failure to state a claim upon which relief can be granted; 

and 

(7) failure to join a party under Rule 19. 

A motion asserting any of these defenses must be made before 

pleading if a responsive pleading is allowed. If a pleading sets out 

a claim for relief that does not require a responsive pleading, an 

opposing party may assert at trial any defense to that claim. No 

defense or objection is waived by joining it with one or more other 

defenses or objections in a responsive pleading or in a motion. 

(c) MOTION FOR JUDGMENT ON THE PLEADINGS. After the pleadings 

are closed—but early enough not to delay trial—a party may move 

for judgment on the pleadings. 

(d) RESULT OF PRESENTING MATTERS OUTSIDE THE PLEADINGS. If, 

on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion 

must be treated as one for summary judgment under Rule 56. All 

parties must be given a reasonable opportunity to present all the 

material that is pertinent to the motion. 

(e) MOTION FOR A MORE DEFINITE STATEMENT. A party may move 

for a more definite statement of a pleading to which a responsive 

pleading is allowed but which is so vague or ambiguous that the 

party cannot reasonably prepare a response. The motion must be 

made before filing a responsive pleading and must point out the 

defects complained of and the details desired. If the court orders 

a more definite statement and the order is not obeyed within 14 

days after notice of the order or within the time the court sets, 

the court may strike the pleading or issue any other appropriate 

order. 
21 FEDERAL RULES OF CIVIL PROCEDURE Rule 13 

(f) MOTION TO STRIKE. The court may strike from a pleading an 

insufficient defense or any redundant, immaterial, impertinent, or 

scandalous matter. The court may act: 

(1) on its own; or 

(2) on motion made by a party either before responding to 

the pleading or, if a response is not allowed, within 21 days 

after being served with the pleading. 

(g) JOINING MOTIONS. 

(1) Right to Join. A motion under this rule may be joined with 

any other motion allowed by this rule. 

(2) Limitation on Further Motions. Except as provided in Rule 

12(h)(2) or (3), a party that makes a motion under this rule 

must not make another motion under this rule raising a defense or objection that was available to the party but omitted 

from its earlier motion. 

(h) WAIVING AND PRESERVING CERTAIN DEFENSES. 

(1) When Some Are Waived. A party waives any defense listed 

in Rule 12(b)(2)–(5) by: 

(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or 

(B) failing to either: 

(i) make it by motion under this rule; or 

(ii) include it in a responsive pleading or in an 

amendment allowed by Rule 15(a)(1) as a matter of 

course. 

(2) When to Raise Others. Failure to state a claim upon which 

relief can be granted, to join a person required by Rule 19(b), 

or to state a legal defense to a claim may be raised: 

(A) in any pleading allowed or ordered under Rule 7(a); 

(B) by a motion under Rule 12(c); or 

(C) at trial. 

(3) Lack of Subject-Matter Jurisdiction. If the court determines 

at any time that it lacks subject-matter jurisdiction, the 

court must dismiss the action. 

(i) HEARING BEFORE TRIAL. If a party so moves, any defense listed in Rule 12(b)(1)–(7)—whether made in a pleading or by motion— 

and a motion under Rule 12(c) must be heard and decided before 

trial unless the court orders a deferral until trial. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 

30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 13. Counterclaim and Crossclaim 

(a) COMPULSORY COUNTERCLAIM. 

(1) In General. A pleading must state as a counterclaim any 

claim that—at the time of its service—the pleader has against 

an opposing party if the claim: 

(A) arises out of the transaction or occurrence that is 

the subject matter of the opposing party’s claim; and 

(B) does not require adding another party over whom the 

court cannot acquire jurisdiction. 

(2) Exceptions. The pleader need not state the claim if: 

(A) when the action was commenced, the claim was the 

subject of another pending action; or 
Rule 14 FEDERAL RULES OF CIVIL PROCEDURE 22 

(B) the opposing party sued on its claim by attachment 

or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does 

not assert any counterclaim under this rule. 

(b) PERMISSIVE COUNTERCLAIM. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory. 

(c) RELIEF SOUGHT IN A COUNTERCLAIM. A counterclaim need not 

diminish or defeat the recovery sought by the opposing party. It 

may request relief that exceeds in amount or differs in kind from 

the relief sought by the opposing party. 

(d) COUNTERCLAIM AGAINST THE UNITED STATES. These rules do 

not expand the right to assert a counterclaim—or to claim a credit—against the United States or a United States officer or agency. 

(e) COUNTERCLAIM MATURING OR ACQUIRED AFTER PLEADING. The 

court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party 

after serving an earlier pleading. 

(f) [ABROGATED.] 

(g) CROSSCLAIM AGAINST A COPARTY. A pleading may state as a 

crossclaim any claim by one party against a coparty if the claim 

arises out of the transaction or occurrence that is the subject 

matter of the original action or of a counterclaim, or if the claim 

relates to any property that is the subject matter of the original 

action. The crossclaim may include a claim that the coparty is or 

may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant. 

(h) JOINING ADDITIONAL PARTIES. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim. 

(i) SEPARATE TRIALS; SEPARATE JUDGMENTS. If the court orders 

separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to 

do so, even if the opposing party’s claims have been dismissed or 

otherwise resolved. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 14. Third-Party Practice 

(a) WHEN A DEFENDING PARTY MAY BRING IN A THIRD PARTY. 

(1) Timing of the Summons and Complaint. A defending party 

may, as third-party plaintiff, serve a summons and complaint 

on a nonparty who is or may be liable to it for all or part of 

the claim against it. But the third-party plaintiff must, by 

motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer. 

(2) Third-Party Defendant’s Claims and Defenses. The person 

served with the summons and third-party complaint—the 

‘‘third-party defendant’’: 

(A) must assert any defense against the third-party 

plaintiff’s claim under Rule 12; 

(B) must assert any counterclaim against the third-party 

plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or 
23 FEDERAL RULES OF CIVIL PROCEDURE Rule 14 

any crossclaim against another third-party defendant 

under Rule 13(g); 

(C) may assert against the plaintiff any defense that the 

third-party plaintiff has to the plaintiff’s claim; and 

(D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject 

matter of the plaintiff’s claim against the third-party 

plaintiff. 

(3) Plaintiff’s Claims Against a Third-Party Defendant. The 

plaintiff may assert against the third-party defendant any 

claim arising out of the transaction or occurrence that is the 

subject matter of the plaintiff’s claim against the third-party 

plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), 

and may assert any counterclaim under Rule 13(b) or any 

crossclaim under Rule 13(g). 

(4) Motion to Strike, Sever, or Try Separately. Any party may 

move to strike the third-party claim, to sever it, or to try it 

separately. 

(5) Third-Party Defendant’s Claim Against a Nonparty. A thirdparty defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for 

all or part of any claim against it. 

(6) Third-Party Complaint In Rem. If it is within the admiralty or maritime jurisdiction, a third-party complaint may 

be in rem. In that event, a reference in this rule to the ‘‘summons’’ includes the warrant of arrest, and a reference to the 

defendant or third-party plaintiff includes, when appropriate, 

a person who asserts a right under Supplemental Rule 

C(6)(a)(i) in the property arrested. 

(b) WHEN A PLAINTIFF MAY BRING IN A THIRD PARTY. When a 

claim is asserted against a plaintiff, the plaintiff may bring in a 

third party if this rule would allow a defendant to do so. 

(c) ADMIRALTY OR MARITIME CLAIM. 

(1) Scope of Impleader. If a plaintiff asserts an admiralty or 

maritime claim under Rule 9(h), the defendant or a person who 

asserts a right under Supplemental Rule C(6)(a)(i) may, as a 

third-party plaintiff, bring in a third-party defendant who 

may be wholly or partly liable—either to the plaintiff or to 

the third-party plaintiff—for remedy over, contribution, or 

otherwise on account of the same transaction, occurrence, or 

series of transactions or occurrences. 

(2) Defending Against a Demand for Judgment for the Plaintiff. 

The third-party plaintiff may demand judgment in the plaintiff’s favor against the third-party defendant. In that event, 

the third-party defendant must defend under Rule 12 against 

the plaintiff’s claim as well as the third-party plaintiff’s 

claim; and the action proceeds as if the plaintiff had sued both 

the third-party defendant and the third-party plaintiff. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 

30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 
Rule 15 FEDERAL RULES OF CIVIL PROCEDURE 24 

Rule 15. Amended and Supplemental Pleadings 

(a) AMENDMENTS BEFORE TRIAL. 

(1) Amending as a Matter of Course. A party may amend its 

pleading once as a matter of course no later than: 

(A) 21 days after serving it, or 

(B) if the pleading is one to which a responsive pleading 

is required, 21 days after service of a responsive pleading 

or 21 days after service of a motion under Rule 12(b), (e), 

or (f), whichever is earlier. 

(2) Other Amendments. In all other cases, a party may amend 

its pleading only with the opposing party’s written consent or 

the court’s leave. The court should freely give leave when justice so requires. 

(3) Time to Respond. Unless the court orders otherwise, any 

required response to an amended pleading must be made within the time remaining to respond to the original pleading or 

within 14 days after service of the amended pleading, whichever is later. 

(b) AMENDMENTS DURING AND AFTER TRIAL. 

(1) Based on an Objection at Trial. If, at trial, a party objects 

that evidence is not within the issues raised in the pleadings, 

the court may permit the pleadings to be amended. The court 

should freely permit an amendment when doing so will aid in 

presenting the merits and the objecting party fails to satisfy 

the court that the evidence would prejudice that party’s action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence. 

(2) For Issues Tried by Consent. When an issue not raised by 

the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move—at any time, even after judgment— 

to amend the pleadings to conform them to the evidence and 

to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue. 

(c) RELATION BACK OF AMENDMENTS. 

(1) When an Amendment Relates Back. An amendment to a 

pleading relates back to the date of the original pleading 

when: 

(A) the law that provides the applicable statute of limitations allows relation back; 

(B) the amendment asserts a claim or defense that arose 

out of the conduct, transaction, or occurrence set out—or 

attempted to be set out—in the original pleading; or 

(C) the amendment changes the party or the naming of 

the party against whom a claim is asserted, if Rule 

15(c)(1)(B) is satisfied and if, within the period provided by 

Rule 4(m) for serving the summons and complaint, the 

party to be brought in by amendment: 

(i) received such notice of the action that it will not 

be prejudiced in defending on the merits; and 

(ii) knew or should have known that the action 

would have been brought against it, but for a mistake 

concerning the proper party’s identity. 

(2) Notice to the United States. When the United States or a 

United States officer or agency is added as a defendant by 
25 FEDERAL RULES OF CIVIL PROCEDURE Rule 16 

amendment, the notice requirements of Rule 15(c)(1)(C)(i) and 

(ii) are satisfied if, during the stated period, process was delivered or mailed to the United States attorney or the United 

States attorney’s designee, to the Attorney General of the 

United States, or to the officer or agency. 

(d) SUPPLEMENTAL PLEADINGS. On motion and reasonable notice, 

the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event 

that happened after the date of the pleading to be supplemented. 

The court may permit supplementation even though the original 

pleading is defective in stating a claim or defense. The court may 

order that the opposing party plead to the supplemental pleading 

within a specified time. 

(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 

1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; 

Pub. L. 102–198, § 11(a), Dec. 9, 1991, 105 Stat. 1626; Apr. 22, 1993, eff. 

Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 

1, 2009; Apr. 24, 2023, eff. Dec. 1, 2023.) 

Rule 16. Pretrial Conferences; Scheduling; Management 

(a) PURPOSES OF A PRETRIAL CONFERENCE. In any action, the 

court may order the attorneys and any unrepresented parties to 

appear for one or more pretrial conferences for such purposes as: 

(1) expediting disposition of the action; 

(2) establishing early and continuing control so that the case 

will not be protracted because of lack of management; 

(3) discouraging wasteful pretrial activities; 

(4) improving the quality of the trial through more thorough 

preparation; and 

(5) facilitating settlement. 

(b) SCHEDULING. 

(1) Scheduling Order. Except in categories of actions exempted by local rule, the district judge—or a magistrate judge 

when authorized by local rule—must issue a scheduling order: 

(A) after receiving the parties’ report under Rule 26(f); or 

(B) after consulting with the parties’ attorneys and any 

unrepresented parties at a scheduling conference. 

(2) Time to Issue. The judge must issue the scheduling order 

as soon as practicable, but unless the judge finds good cause 

for delay, the judge must issue it within the earlier of 90 days 

after any defendant has been served with the complaint or 60 

days after any defendant has appeared. 

(3) Contents of the Order. 

(A) Required Contents. The scheduling order must limit 

the time to join other parties, amend the pleadings, complete discovery, and file motions. 

(B) Permitted Contents. The scheduling order may: 

(i) modify the timing of disclosures under Rules 26(a) 

and 26(e)(1); 

(ii) modify the extent of discovery; 

(iii) provide for disclosure, discovery, or preservation 

of electronically stored information; 

(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial- 
Rule 16 FEDERAL RULES OF CIVIL PROCEDURE 26 

preparation material after information is produced, including agreements reached under Federal Rule of Evidence 502; 

(v) direct that before moving for an order relating to 

discovery, the movant must request a conference with 

the court; 

(vi) set dates for pretrial conferences and for trial; 

and 

(vii) include other appropriate matters. 

(4) Modifying a Schedule. A schedule may be modified only for 

good cause and with the judge’s consent. 

(c) ATTENDANCE AND MATTERS FOR CONSIDERATION AT A PRETRIAL

CONFERENCE. 

(1) Attendance. A represented party must authorize at least 

one of its attorneys to make stipulations and admissions 

about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the court may 

require that a party or its representative be present or reasonably available by other means to consider possible settlement. 

(2) Matters for Consideration. At any pretrial conference, the 

court may consider and take appropriate action on the following matters: 

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses; 

(B) amending the pleadings if necessary or desirable; 

(C) obtaining admissions and stipulations about facts 

and documents to avoid unnecessary proof, and ruling in 

advance on the admissibility of evidence; 

(D) avoiding unnecessary proof and cumulative evidence, 

and limiting the use of testimony under Federal Rule of 

Evidence 702; 

(E) determining the appropriateness and timing of summary adjudication under Rule 56; 

(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rule 26 and 

Rules 29 through 37; 

(G) identifying witnesses and documents, scheduling the 

filing and exchange of any pretrial briefs, and setting 

dates for further conferences and for trial; 

(H) referring matters to a magistrate judge or a master; 

(I) settling the case and using special procedures to assist in resolving the dispute when authorized by statute or 

local rule; 

(J) determining the form and content of the pretrial 

order; 

(K) disposing of pending motions; 

(L) adopting special procedures for managing potentially 

difficult or protracted actions that may involve complex 

issues, multiple parties, difficult legal questions, or unusual proof problems; 

(M) ordering a separate trial under Rule 42(b) of a claim, 

counterclaim, crossclaim, third-party claim, or particular 

issue; 

(N) ordering the presentation of evidence early in the 

trial on a manageable issue that might, on the evidence, 
27 FEDERAL RULES OF CIVIL PROCEDURE Rule 17 

be the basis for a judgment as a matter of law under Rule 

50(a) or a judgment on partial findings under Rule 52(c); 

(O) establishing a reasonable limit on the time allowed 

to present evidence; and 

(P) facilitating in other ways the just, speedy, and inexpensive disposition of the action. 

(d) PRETRIAL ORDERS. After any conference under this rule, the 

court should issue an order reciting the action taken. This order 

controls the course of the action unless the court modifies it. 

(e) FINAL PRETRIAL CONFERENCE AND ORDERS. The court may 

hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference 

must be held as close to the start of trial as is reasonable, and 

must be attended by at least one attorney who will conduct the 

trial for each party and by any unrepresented party. The court 

may modify the order issued after a final pretrial conference only 

to prevent manifest injustice. 

(f) SANCTIONS. 

(1) In General. On motion or on its own, the court may issue 

any just orders, including those authorized by Rule 

37(b)(2)(A)(ii)–(vii), if a party or its attorney: 

(A) fails to appear at a scheduling or other pretrial conference; 

(B) is substantially unprepared to participate—or does 

not participate in good faith—in the conference; or 

(C) fails to obey a scheduling or other pretrial order. 

(2) Imposing Fees and Costs. Instead of or in addition to any 

other sanction, the court must order the party, its attorney, 

or both to pay the reasonable expenses—including attorney’s 

fees—incurred because of any noncompliance with this rule, 

unless the noncompliance was substantially justified or other 

circumstances make an award of expenses unjust. 

(As amended Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 12, 2006, eff. Dec. 1, 2006; 

Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015.) 

TITLE IV. PARTIES 

Rule 17. Plaintiff and Defendant; Capacity; Public Officers 

(a) REAL PARTY IN INTEREST. 

(1) Designation in General. An action must be prosecuted in 

the name of the real party in interest. The following may sue 

in their own names without joining the person for whose benefit the action is brought: 

(A) an executor; 

(B) an administrator; 

(C) a guardian; 

(D) a bailee; 

(E) a trustee of an express trust; 

(F) a party with whom or in whose name a contract has 

been made for another’s benefit; and 

(G) a party authorized by statute. 

(2) Action in the Name of the United States for Another’s Use or 

Benefit. When a federal statute so provides, an action for another’s use or benefit must be brought in the name of the 

United States. 
Rule 18 FEDERAL RULES OF CIVIL PROCEDURE 28 

(3) Joinder of the Real Party in Interest. The court may not 

dismiss an action for failure to prosecute in the name of the 

real party in interest until, after an objection, a reasonable 

time has been allowed for the real party in interest to ratify, 

join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest. 

(b) CAPACITY TO SUE OR BE SUED. Capacity to sue or be sued is 

determined as follows: 

(1) for an individual who is not acting in a representative capacity, by the law of the individual’s domicile; 

(2) for a corporation, by the law under which it was organized; and 

(3) for all other parties, by the law of the state where the 

court is located, except that: 

(A) a partnership or other unincorporated association 

with no such capacity under that state’s law may sue or be 

sued in its common name to enforce a substantive right 

existing under the United States Constitution or laws; and 

(B) 28 U.S.C. §§ 754 and 959(a) govern the capacity of a receiver appointed by a United States court to sue or be sued 

in a United States court. 

(c) MINOR OR INCOMPETENT PERSON. 

(1) With a Representative. The following representatives may 

sue or defend on behalf of a minor or an incompetent person: 

(A) a general guardian; 

(B) a committee; 

(C) a conservator; or 

(D) a like fiduciary. 

(2) Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may 

sue by a next friend or by a guardian ad litem. The court must 

appoint a guardian ad litem—or issue another appropriate 

order—to protect a minor or incompetent person who is unrepresented in an action. 

(d) PUBLIC OFFICER’S TITLE AND NAME. A public officer who sues 

or is sued in an official capacity may be designated by official 

title rather than by name, but the court may order that the officer’s name be added. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 25, 1988, eff. Aug. 1, 1988; Pub. L. 100–690, title VII, § 7049, Nov. 

18, 1988, 102 Stat. 4401; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 18. Joinder of Claims 

(a) IN GENERAL. A party asserting a claim, counterclaim, 

crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party. 

(b) JOINDER OF CONTINGENT CLAIMS. A party may join two claims 

even though one of them is contingent on the disposition of the 

other; but the court may grant relief only in accordance with the 

parties’ relative substantive rights. In particular, a plaintiff may 

state a claim for money and a claim to set aside a conveyance 

that is fraudulent as to that plaintiff, without first obtaining a 

judgment for the money. 
29 FEDERAL RULES OF CIVIL PROCEDURE Rule 20 

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 19. Required Joinder of Parties 

(a) PERSONS REQUIRED TO BE JOINED IF FEASIBLE. 

(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subjectmatter jurisdiction must be joined as a party if: 

(A) in that person’s absence, the court cannot accord 

complete relief among existing parties; or 

(B) that person claims an interest relating to the subject 

of the action and is so situated that disposing of the action 

in the person’s absence may: 

(i) as a practical matter impair or impede the person’s ability to protect the interest; or 

(ii) leave an existing party subject to a substantial 

risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest. 

(2) Joinder by Court Order. If a person has not been joined as 

required, the court must order that the person be made a 

party. A person who refuses to join as a plaintiff may be made 

either a defendant or, in a proper case, an involuntary plaintiff. 

(3) Venue. If a joined party objects to venue and the joinder 

would make venue improper, the court must dismiss that 

party. 

(b) WHEN JOINDER IS NOT FEASIBLE. If a person who is required 

to be joined if feasible cannot be joined, the court must determine 

whether, in equity and good conscience, the action should proceed 

among the existing parties or should be dismissed. The factors for 

the court to consider include: 

(1) the extent to which a judgment rendered in the person’s 

absence might prejudice that person or the existing parties; 

(2) the extent to which any prejudice could be lessened or 

avoided by: 

(A) protective provisions in the judgment; 

(B) shaping the relief; or 

(C) other measures; 

(3) whether a judgment rendered in the person’s absence 

would be adequate; and 

(4) whether the plaintiff would have an adequate remedy if 

the action were dismissed for nonjoinder. 

(c) PLEADING THE REASONS FOR NONJOINDER. When asserting a 

claim for relief, a party must state: 

(1) the name, if known, of any person who is required to be 

joined if feasible but is not joined; and 

(2) the reasons for not joining that person. 

(d) EXCEPTION FOR CLASS ACTIONS. This rule is subject to Rule 

23. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 20. Permissive Joinder of Parties 

(a) PERSONS WHO MAY JOIN OR BE JOINED. 
Rule 21 FEDERAL RULES OF CIVIL PROCEDURE 30 

(1) Plaintiffs. Persons may join in one action as plaintiffs if: 

(A) they assert any right to relief jointly, severally, or 

in the alternative with respect to or arising out of the 

same transaction, occurrence, or series of transactions or 

occurrences; and 

(B) any question of law or fact common to all plaintiffs 

will arise in the action. 

(2) Defendants. Persons—as well as a vessel, cargo, or other 

property subject to admiralty process in rem—may be joined 

in one action as defendants if: 

(A) any right to relief is asserted against them jointly, 

severally, or in the alternative with respect to or arising 

out of the same transaction, occurrence, or series of transactions or occurrences; and 

(B) any question of law or fact common to all defendants 

will arise in the action. 

(3) Extent of Relief. Neither a plaintiff nor a defendant need 

be interested in obtaining or defending against all the relief 

demanded. The court may grant judgment to one or more 

plaintiffs according to their rights, and against one or more 

defendants according to their liabilities. 

(b) PROTECTIVE MEASURES. The court may issue orders—including an order for separate trials—to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who 

asserts no claim against the party. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 21. Misjoinder and Nonjoinder of Parties 

Misjoinder of parties is not a ground for dismissing an action. 

On motion or on its own, the court may at any time, on just 

terms, add or drop a party. The court may also sever any claim 

against a party. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 22. Interpleader 

(a) GROUNDS. 

(1) By a Plaintiff. Persons with claims that may expose a 

plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is 

proper even though: 

(A) the claims of the several claimants, or the titles on 

which their claims depend, lack a common origin or are 

adverse and independent rather than identical; or 

(B) the plaintiff denies liability in whole or in part to 

any or all of the claimants. 

(2) By a Defendant. A defendant exposed to similar liability 

may seek interpleader through a crossclaim or counterclaim. 

(b) RELATION TO OTHER RULES AND STATUTES. This rule supplements—and does not limit—the joinder of parties allowed by Rule 

20. The remedy this rule provides is in addition to—and does not 

supersede or limit—the remedy provided by 28 U.S.C. §§ 1335, 1397, 

and 2361. An action under those statutes must be conducted under 

these rules. 
31 FEDERAL RULES OF CIVIL PROCEDURE Rule 23 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 23. Class Actions 

(a) PREREQUISITES. One or more members of a class may sue or 

be sued as representative parties on behalf of all members only if: 

(1) the class is so numerous that joinder of all members is 

impracticable; 

(2) there are questions of law or fact common to the class; 

(3) the claims or defenses of the representative parties are 

typical of the claims or defenses of the class; and 

(4) the representative parties will fairly and adequately protect the interests of the class. 

(b) TYPES OF CLASS ACTIONS. A class action may be maintained 

if Rule 23(a) is satisfied and if: 

(1) prosecuting separate actions by or against individual 

class members would create a risk of: 

(A) inconsistent or varying adjudications with respect to 

individual class members that would establish incompatible standards of conduct for the party opposing the class; 

or 

(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of 

the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests; 

(2) the party opposing the class has acted or refused to act 

on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or 

(3) the court finds that the questions of law or fact common 

to class members predominate over any questions affecting 

only individual members, and that a class action is superior to 

other available methods for fairly and efficiently adjudicating 

the controversy. The matters pertinent to these findings include: 

(A) the class members’ interests in individually controlling the prosecution or defense of separate actions; 

(B) the extent and nature of any litigation concerning 

the controversy already begun by or against class members; 

(C) the desirability or undesirability of concentrating 

the litigation of the claims in the particular forum; and 

(D) the likely difficulties in managing a class action. 

(c) CERTIFICATION ORDER; NOTICE TO CLASS MEMBERS; JUDGMENT; 

ISSUES CLASSES; SUBCLASSES. 

(1) Certification Order. 

(A) Time to Issue. At an early practicable time after a 

person sues or is sued as a class representative, the court 

must determine by order whether to certify the action as 

a class action. 

(B) Defining the Class; Appointing Class Counsel. An order 

that certifies a class action must define the class and the 

class claims, issues, or defenses, and must appoint class 

counsel under Rule 23(g). 
Rule 23 FEDERAL RULES OF CIVIL PROCEDURE 32 

(C) Altering or Amending the Order. An order that grants 

or denies class certification may be altered or amended before final judgment. 

(2) Notice. 

(A) For (b)(1) or (b)(2) Classes. For any class certified 

under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice to the class. 

(B) For (b)(3) Classes. For any class certified under Rule 

23(b)(3)—or upon ordering notice under Rule 23(e)(1) to a 

class proposed to be certified for purposes of settlement 

under Rule 23(b)(3)—the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who 

can be identified through reasonable effort. The notice 

may be by one or more of the following: United States 

mail, electronic means, or other appropriate means. The 

notice must clearly and concisely state in plain, easily understood language: 

(i) the nature of the action; 

(ii) the definition of the class certified; 

(iii) the class claims, issues, or defenses; 

(iv) that a class member may enter an appearance 

through an attorney if the member so desires; 

(v) that the court will exclude from the class any 

member who requests exclusion; 

(vi) the time and manner for requesting exclusion; 

and 

(vii) the binding effect of a class judgment on members under Rule 23(c)(3). 

(3) Judgment. Whether or not favorable to the class, the judgment in a class action must: 

(A) for any class certified under Rule 23(b)(1) or (b)(2), include and describe those whom the court finds to be class 

members; and 

(B) for any class certified under Rule 23(b)(3), include and 

specify or describe those to whom the Rule 23(c)(2) notice 

was directed, who have not requested exclusion, and whom 

the court finds to be class members. 

(4) Particular Issues. When appropriate, an action may be 

brought or maintained as a class action with respect to particular issues. 

(5) Subclasses. When appropriate, a class may be divided into 

subclasses that are each treated as a class under this rule. 

(d) CONDUCTING THE ACTION. 

(1) In General. In conducting an action under this rule, the 

court may issue orders that: 

(A) determine the course of proceedings or prescribe 

measures to prevent undue repetition or complication in 

presenting evidence or argument; 

(B) require—to protect class members and fairly conduct 

the action—giving appropriate notice to some or all class 

members of: 

(i) any step in the action; 

(ii) the proposed extent of the judgment; or 

(iii) the members’ opportunity to signify whether 

they consider the representation fair and adequate, to 
33 FEDERAL RULES OF CIVIL PROCEDURE Rule 23 

intervene and present claims or defenses, or to otherwise come into the action; 

(C) impose conditions on the representative parties or on 

intervenors; 

(D) require that the pleadings be amended to eliminate 

allegations about representation of absent persons and 

that the action proceed accordingly; or 

(E) deal with similar procedural matters. 

(2) Combining and Amending Orders. An order under Rule 

23(d)(1) may be altered or amended from time to time and may 

be combined with an order under Rule 16. 

(e) SETTLEMENT, VOLUNTARY DISMISSAL, OR COMPROMISE. The 

claims, issues, or defenses of a certified class—or a class proposed 

to be certified for purposes of settlement—may be settled, voluntarily dismissed, or compromised only with the court’s approval. 

The following procedures apply to a proposed settlement, voluntary dismissal, or compromise: 

(1) Notice to the Class. 

(A) Information That Parties Must Provide to the Court. The 

parties must provide the court with information sufficient 

to enable it to determine whether to give notice of the proposal to the class. 

(B) Grounds for a Decision to Give Notice. The court must 

direct notice in a reasonable manner to all class members 

who would be bound by the proposal if giving notice is justified by the parties’ showing that the court will likely be 

able to: 

(i) approve the proposal under Rule 23(e)(2); and 

(ii) certify the class for purposes of judgment on the 

proposal. 

(2) Approval of the Proposal. If the proposal would bind class 

members, the court may approve it only after a hearing and 

only on finding that it is fair, reasonable, and adequate after 

considering whether: 

(A) the class representatives and class counsel have adequately represented the class; 

(B) the proposal was negotiated at arm’s length; 

(C) the relief provided for the class is adequate, taking 

into account: 

(i) the costs, risks, and delay of trial and appeal; 

(ii) the effectiveness of any proposed method of distributing relief to the class, including the method of 

processing class-member claims; 

(iii) the terms of any proposed award of attorney’s 

fees, including timing of payment; and 

(iv) any agreement required to be identified under 

Rule 23(e)(3); and 

(D) the proposal treats class members equitably relative 

to each other. 

(3) Identifying Agreements. The parties seeking approval must 

file a statement identifying any agreement made in connection with the proposal. 

(4) New Opportunity to Be Excluded. If the class action was 

previously certified under Rule 23(b)(3), the court may refuse 

to approve a settlement unless it affords a new opportunity to 
Rule 23 FEDERAL RULES OF CIVIL PROCEDURE 34 

request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so. 

(5) Class-Member Objections. 

(A) In General. Any class member may object to the proposal if it requires court approval under this subdivision 

(e). The objection must state whether it applies only to 

the objector, to a specific subset of the class, or to the entire class, and also state with specificity the grounds for 

the objection. 

(B) Court Approval Required for Payment in Connection 

with an Objection. Unless approved by the court after a 

hearing, no payment or other consideration may be provided in connection with: 

(i) forgoing or withdrawing an objection, or 

(ii) forgoing, dismissing, or abandoning an appeal 

from a judgment approving the proposal. 

(C) Procedure for Approval After an Appeal. If approval 

under Rule 23(e)(5)(B) has not been obtained before an appeal is docketed in the court of appeals, the procedure of 

Rule 62.1 applies while the appeal remains pending. 

(f) APPEALS. A court of appeals may permit an appeal from an 

order granting or denying class-action certification under this 

rule, but not from an order under Rule 23(e)(1). A party must file 

a petition for permission to appeal with the circuit clerk within 

14 days after the order is entered, or within 45 days after the order 

is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United 

States’ behalf. An appeal does not stay proceedings in the district 

court unless the district judge or the court of appeals so orders. 

(g) CLASS COUNSEL. 

(1) Appointing Class Counsel. Unless a statute provides otherwise, a court that certifies a class must appoint class counsel. 

In appointing class counsel, the court: 

(A) must consider: 

(i) the work counsel has done in identifying or investigating potential claims in the action; 

(ii) counsel’s experience in handling class actions, 

other complex litigation, and the types of claims asserted in the action; 

(iii) counsel’s knowledge of the applicable law; and 

(iv) the resources that counsel will commit to representing the class; 

(B) may consider any other matter pertinent to counsel’s 

ability to fairly and adequately represent the interests of 

the class; 

(C) may order potential class counsel to provide information on any subject pertinent to the appointment and to 

propose terms for attorney’s fees and nontaxable costs; 

(D) may include in the appointing order provisions about 

the award of attorney’s fees or nontaxable costs under 

Rule 23(h); and 

(E) may make further orders in connection with the appointment. 

(2) Standard for Appointing Class Counsel. When one applicant 

seeks appointment as class counsel, the court may appoint 
35 FEDERAL RULES OF CIVIL PROCEDURE Rule 23.1 

that applicant only if the applicant is adequate under Rule 

23(g)(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to 

represent the interests of the class. 

(3) Interim Counsel. The court may designate interim counsel 

to act on behalf of a putative class before determining whether 

to certify the action as a class action. 

(4) Duty of Class Counsel. Class counsel must fairly and adequately represent the interests of the class. 

(h) ATTORNEY’S FEES AND NONTAXABLE COSTS. In a certified class 

action, the court may award reasonable attorney’s fees and nontaxable costs that are authorized by law or by the parties’ agreement. The following procedures apply: 

(1) A claim for an award must be made by motion under Rule 

54(d)(2), subject to the provisions of this subdivision (h), at a 

time the court sets. Notice of the motion must be served on 

all parties and, for motions by class counsel, directed to class 

members in a reasonable manner. 

(2) A class member, or a party from whom payment is 

sought, may object to the motion. 

(3) The court may hold a hearing and must find the facts and 

state its legal conclusions under Rule 52(a). 

(4) The court may refer issues related to the amount of the 

award to a special master or a magistrate judge, as provided 

in Rule 54(d)(2)(D). 

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 27, 2003, eff. Dec. 1, 2003; 

Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 

26, 2018, eff. Dec. 1, 2018.) 

Rule 23.1. Derivative Actions 

(a) PREREQUISITES. This rule applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce. 

The derivative action may not be maintained if it appears that 

the plaintiff does not fairly and adequately represent the interests 

of shareholders or members who are similarly situated in enforcing the right of the corporation or association. 

(b) PLEADING REQUIREMENTS. The complaint must be verified and 

must: 

(1) allege that the plaintiff was a shareholder or member at 

the time of the transaction complained of, or that the plaintiff’s share or membership later devolved on it by operation of 

law; 

(2) allege that the action is not a collusive one to confer jurisdiction that the court would otherwise lack; and 

(3) state with particularity: 

(A) any effort by the plaintiff to obtain the desired action from the directors or comparable authority and, if 

necessary, from the shareholders or members; and 

(B) the reasons for not obtaining the action or not making the effort. 

(c) SETTLEMENT, DISMISSAL, AND COMPROMISE. A derivative action may be settled, voluntarily dismissed, or compromised only 
Rule 23.2 FEDERAL RULES OF CIVIL PROCEDURE 36 

with the court’s approval. Notice of a proposed settlement, voluntary dismissal, or compromise must be given to shareholders or 

members in the manner that the court orders. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 2, 1987, eff. 

Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 23.2. Actions Relating to Unincorporated Associations 

This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain 

members as representative parties. The action may be maintained 

only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those in Rule 23(d), and the procedure for settlement, voluntary dismissal, or compromise must correspond with 

the procedure in Rule 23(e). 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 30, 2007, eff. 

Dec. 1, 2007.) 

Rule 24. Intervention 

(a) INTERVENTION OF RIGHT. On timely motion, the court must 

permit anyone to intervene who: 

(1) is given an unconditional right to intervene by a federal 

statute; or 

(2) claims an interest relating to the property or transaction 

that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede 

the movant’s ability to protect its interest, unless existing 

parties adequately represent that interest. 

(b) PERMISSIVE INTERVENTION. 

(1) In General. On timely motion, the court may permit anyone to intervene who: 

(A) is given a conditional right to intervene by a federal 

statute; or 

(B) has a claim or defense that shares with the main action a common question of law or fact. 

(2) By a Government Officer or Agency. On timely motion, the 

court may permit a federal or state governmental officer or 

agency to intervene if a party’s claim or defense is based on: 

(A) a statute or executive order administered by the officer or agency; or 

(B) any regulation, order, requirement, or agreement issued or made under the statute or executive order. 

(3) Delay or Prejudice. In exercising its discretion, the court 

must consider whether the intervention will unduly delay or 

prejudice the adjudication of the original parties’ rights. 

(c) NOTICE AND PLEADING REQUIRED. A motion to intervene must 

be served on the parties as provided in Rule 5. The motion must 

state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is 

sought. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; 
37 FEDERAL RULES OF CIVIL PROCEDURE Rule 26 

Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 12, 

2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 25. Substitution of Parties 

(a) DEATH. 

(1) Substitution if the Claim Is Not Extinguished. If a party dies 

and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be 

made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service 

of a statement noting the death, the action by or against the 

decedent must be dismissed. 

(2) Continuation Among the Remaining Parties. After a party’s 

death, if the right sought to be enforced survives only to or 

against the remaining parties, the action does not abate, but 

proceeds in favor of or against the remaining parties. The 

death should be noted on the record. 

(3) Service. A motion to substitute, together with a notice of 

hearing, must be served on the parties as provided in Rule 5 

and on nonparties as provided in Rule 4. A statement noting 

death must be served in the same manner. Service may be 

made in any judicial district. 

(b) INCOMPETENCY. If a party becomes incompetent, the court 

may, on motion, permit the action to be continued by or against 

the party’s representative. The motion must be served as provided 

in Rule 25(a)(3). 

(c) TRANSFER OF INTEREST. If an interest is transferred, the action may be continued by or against the original party unless the 

court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served 

as provided in Rule 25(a)(3). 

(d) PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while 

the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted 

party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution. 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 17, 1961, eff. July 

19, 1961; Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 30, 2007, eff. Dec. 1, 2007.) 

TITLE V. DISCLOSURES AND DISCOVERY 

Rule 26. Duty to Disclose; General Provisions Governing Discovery 

(a) REQUIRED DISCLOSURES. 

(1) Initial Disclosure. 

(A) In General. Except as exempted by Rule 26(a)(1)(B) or 

as otherwise stipulated or ordered by the court, a party 

must, without awaiting a discovery request, provide to the 

other parties: 

(i) the name and, if known, the address and telephone 

number of each individual likely to have discoverable 
Rule 26 FEDERAL RULES OF CIVIL PROCEDURE 38 

information—along with the subjects of that information—that the disclosing party may use to support its 

claims or defenses, unless the use would be solely for 

impeachment; 

(ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has 

in its possession, custody, or control and may use to 

support its claims or defenses, unless the use would be 

solely for impeachment; 

(iii) a computation of each category of damages 

claimed by the disclosing party—who must also make 

available for inspection and copying as under Rule 34 

the documents or other evidentiary material, unless 

privileged or protected from disclosure, on which each 

computation is based, including materials bearing on 

the nature and extent of injuries suffered; and 

(iv) for inspection and copying as under Rule 34, any 

insurance agreement under which an insurance business may be liable to satisfy all or part of a possible 

judgment in the action or to indemnify or reimburse 

for payments made to satisfy the judgment. 

(B) Proceedings Exempt from Initial Disclosure. The following proceedings are exempt from initial disclosure: 

(i) an action for review on an administrative record; 

(ii) a forfeiture action in rem arising from a federal 

statute; 

(iii) a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence; 

(iv) an action brought without an attorney by a person in the custody of the United States, a state, or a 

state subdivision; 

(v) an action to enforce or quash an administrative 

summons or subpoena; 

(vi) an action by the United States to recover benefit 

payments; 

(vii) an action by the United States to collect on a 

student loan guaranteed by the United States; 

(viii) a proceeding ancillary to a proceeding in another court; and 

(ix) an action to enforce an arbitration award. 

(C) Time for Initial Disclosures—In General. A party must 

make the initial disclosures at or within 14 days after the 

parties’ Rule 26(f) conference unless a different time is set 

by stipulation or court order, or unless a party objects 

during the conference that initial disclosures are not appropriate in this action and states the objection in the 

proposed discovery plan. In ruling on the objection, the 

court must determine what disclosures, if any, are to be 

made and must set the time for disclosure. 

(D) Time for Initial Disclosures—For Parties Served or 

Joined Later. A party that is first served or otherwise 

joined after the Rule 26(f) conference must make the initial disclosures within 30 days after being served or joined, 

unless a different time is set by stipulation or court order. 
39 FEDERAL RULES OF CIVIL PROCEDURE Rule 26 

(E) Basis for Initial Disclosure; Unacceptable Excuses. A 

party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully 

investigated the case or because it challenges the sufficiency of another party’s disclosures or because another 

party has not made its disclosures. 

(2) Disclosure of Expert Testimony. 

(A) In General. In addition to the disclosures required by 

Rule 26(a)(1), a party must disclose to the other parties the 

identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705. 

(B) Witnesses Who Must Provide a Written Report. Unless 

otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report—prepared 

and signed by the witness—if the witness is one retained or 

specially employed to provide expert testimony in the case 

or one whose duties as the party’s employee regularly involve giving expert testimony. The report must contain: 

(i) a complete statement of all opinions the witness 

will express and the basis and reasons for them; 

(ii) the facts or data considered by the witness in 

forming them; 

(iii) any exhibits that will be used to summarize or 

support them; 

(iv) the witness’s qualifications, including a list of 

all publications authored in the previous 10 years; 

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial 

or by deposition; and 

(vi) a statement of the compensation to be paid for 

the study and testimony in the case. 

(C) Witnesses Who Do Not Provide a Written Report. Unless 

otherwise stipulated or ordered by the court, if the witness 

is not required to provide a written report, this disclosure 

must state: 

(i) the subject matter on which the witness is expected to present evidence under Federal Rule of Evidence 702, 703, or 705; and 

(ii) a summary of the facts and opinions to which the 

witness is expected to testify. 

(D) Time to Disclose Expert Testimony. A party must make 

these disclosures at the times and in the sequence that the 

court orders. Absent a stipulation or a court order, the disclosures must be made: 

(i) at least 90 days before the date set for trial or for 

the case to be ready for trial; or 

(ii) if the evidence is intended solely to contradict or 

rebut evidence on the same subject matter identified 

by another party under Rule 26(a)(2)(B) or (C), within 

30 days after the other party’s disclosure. 

(E) Supplementing the Disclosure. The parties must supplement these disclosures when required under Rule 26(e). 

(3) Pretrial Disclosures. 
Rule 26 FEDERAL RULES OF CIVIL PROCEDURE 40 

(A) In General. In addition to the disclosures required by 

Rule 26(a)(1) and (2), a party must provide to the other parties and promptly file the following information about the 

evidence that it may present at trial other than solely for 

impeachment: 

(i) the name and, if not previously provided, the address and telephone number of each witness—separately identifying those the party expects to present 

and those it may call if the need arises; 

(ii) the designation of those witnesses whose testimony the party expects to present by deposition and, 

if not taken stenographically, a transcript of the pertinent parts of the deposition; and 

(iii) an identification of each document or other exhibit, including summaries of other evidence—separately identifying those items the party expects to 

offer and those it may offer if the need arises. 

(B) Time for Pretrial Disclosures; Objections. Unless the 

court orders otherwise, these disclosures must be made at 

least 30 days before trial. Within 14 days after they are 

made, unless the court sets a different time, a party may 

serve and promptly file a list of the following objections: 

any objections to the use under Rule 32(a) of a deposition 

designated by another party under Rule 26(a)(3)(A)(ii); and 

any objection, together with the grounds for it, that may 

be made to the admissibility of materials identified under 

Rule 26(a)(3)(A)(iii). An objection not so made—except for 

one under Federal Rule of Evidence 402 or 403—is waived 

unless excused by the court for good cause. 

(4) Form of Disclosures. Unless the court orders otherwise, all 

disclosures under Rule 26(a) must be in writing, signed, and 

served. 

(b) DISCOVERY SCOPE AND LIMITS. 

(1) Scope in General. Unless otherwise limited by court order, 

the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any 

party’s claim or defense and proportional to the needs of the 

case, considering the importance of the issues at stake in the 

action, the amount in controversy, the parties’ relative access 

to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the 

burden or expense of the proposed discovery outweighs its 

likely benefit. Information within this scope of discovery need 

not be admissible in evidence to be discoverable. 

(2) Limitations on Frequency and Extent. 

(A) When Permitted. By order, the court may alter the 

limits in these rules on the number of depositions and interrogatories or on the length of depositions under Rule 30. 

By order or local rule, the court may also limit the number of requests under Rule 36. 

(B) Specific Limitations on Electronically Stored Information. A party need not provide discovery of electronically 

stored information from sources that the party identifies 

as not reasonably accessible because of undue burden or 

cost. On motion to compel discovery or for a protective 
41 FEDERAL RULES OF CIVIL PROCEDURE Rule 26 

order, the party from whom discovery is sought must show 

that the information is not reasonably accessible because 

of undue burden or cost. If that showing is made, the court 

may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions 

for the discovery. 

(C) When Required. On motion or on its own, the court 

must limit the frequency or extent of discovery otherwise 

allowed by these rules or by local rule if it determines 

that: 

(i) the discovery sought is unreasonably cumulative 

or duplicative, or can be obtained from some other 

source that is more convenient, less burdensome, or 

less expensive; 

(ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in the 

action; or 

(iii) the proposed discovery is outside the scope permitted by Rule 26(b)(1). 

(3) Trial Preparation: Materials. 

(A) Documents and Tangible Things. Ordinarily, a party 

may not discover documents and tangible things that are 

prepared in anticipation of litigation or for trial by or for 

another party or its representative (including the other 

party’s attorney, consultant, surety, indemnitor, insurer, 

or agent). But, subject to Rule 26(b)(4), those materials 

may be discovered if: 

(i) they are otherwise discoverable under Rule 

26(b)(1); and 

(ii) the party shows that it has substantial need for 

the materials to prepare its case and cannot, without 

undue hardship, obtain their substantial equivalent by 

other means. 

(B) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or 

legal theories of a party’s attorney or other representative 

concerning the litigation. 

(C) Previous Statement. Any party or other person may, 

on request and without the required showing, obtain the 

person’s own previous statement about the action or its 

subject matter. If the request is refused, the person may 

move for a court order, and Rule 37(a)(5) applies to the 

award of expenses. A previous statement is either: 

(i) a written statement that the person has signed or 

otherwise adopted or approved; or 

(ii) a contemporaneous stenographic, mechanical, 

electrical, or other recording—or a transcription of 

it—that recites substantially verbatim the person’s 

oral statement. 

(4) Trial Preparation: Experts. 

(A) Deposition of an Expert Who May Testify. A party may 

depose any person who has been identified as an expert 

whose opinions may be presented at trial. If Rule 
Rule 26 FEDERAL RULES OF CIVIL PROCEDURE 42 

26(a)(2)(B) requires a report from the expert, the deposition 

may be conducted only after the report is provided. 

(B) Trial-Preparation Protection for Draft Reports or Disclosures. Rules 26(b)(3)(A) and (B) protect drafts of any report 

or disclosure required under Rule 26(a)(2), regardless of the 

form in which the draft is recorded. 

(C) Trial-Preparation Protection for Communications Between a Party’s Attorney and Expert Witnesses. Rules 

26(b)(3)(A) and (B) protect communications between the 

party’s attorney and any witness required to provide a report under Rule 26(a)(2)(B), regardless of the form of the 

communications, except to the extent that the communications: 

(i) relate to compensation for the expert’s study or 

testimony; 

(ii) identify facts or data that the party’s attorney 

provided and that the expert considered in forming the 

opinions to be expressed; or 

(iii) identify assumptions that the party’s attorney 

provided and that the expert relied on in forming the 

opinions to be expressed. 

(D) Expert Employed Only for Trial Preparation. Ordinarily, a party may not, by interrogatories or deposition, 

discover facts known or opinions held by an expert who 

has been retained or specially employed by another party 

in anticipation of litigation or to prepare for trial and who 

is not expected to be called as a witness at trial. But a 

party may do so only: 

(i) as provided in Rule 35(b); or 

(ii) on showing exceptional circumstances under 

which it is impracticable for the party to obtain facts 

or opinions on the same subject by other means. 

(E) Payment. Unless manifest injustice would result, the 

court must require that the party seeking discovery: 

(i) pay the expert a reasonable fee for time spent in 

responding to discovery under Rule 26(b)(4)(A) or (D); 

and 

(ii) for discovery under (D), also pay the other party 

a fair portion of the fees and expenses it reasonably incurred in obtaining the expert’s facts and opinions. 

(5) Claiming Privilege or Protecting Trial-Preparation Materials. 

(A) Information Withheld. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial-preparation material, the party must: 

(i) expressly make the claim; and 

(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing 

information itself privileged or protected, will enable 

other parties to assess the claim. 

(B) Information Produced. If information produced in discovery is subject to a claim of privilege or of protection as 

trial-preparation material, the party making the claim 

may notify any party that received the information of the 
43 FEDERAL RULES OF CIVIL PROCEDURE Rule 26 

claim and the basis for it. After being notified, a party 

must promptly return, sequester, or destroy the specified 

information and any copies it has; must not use or disclose 

the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present 

the information to the court under seal for a determination of the claim. The producing party must preserve the 

information until the claim is resolved. 

(c) PROTECTIVE ORDERS. 

(1) In General. A party or any person from whom discovery 

is sought may move for a protective order in the court where 

the action is pending—or as an alternative on matters relating 

to a deposition, in the court for the district where the deposition will be taken. The motion must include a certification 

that the movant has in good faith conferred or attempted to 

confer with other affected parties in an effort to resolve the 

dispute without court action. The court may, for good cause, 

issue an order to protect a party or person from annoyance, 

embarrassment, oppression, or undue burden or expense, including one or more of the following: 

(A) forbidding the disclosure or discovery; 

(B) specifying terms, including time and place or the allocation of expenses, for the disclosure or discovery; 

(C) prescribing a discovery method other than the one 

selected by the party seeking discovery; 

(D) forbidding inquiry into certain matters, or limiting 

the scope of disclosure or discovery to certain matters; 

(E) designating the persons who may be present while 

the discovery is conducted; 

(F) requiring that a deposition be sealed and opened only 

on court order; 

(G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and 

(H) requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be 

opened as the court directs. 

(2) Ordering Discovery. If a motion for a protective order is 

wholly or partly denied, the court may, on just terms, order 

that any party or person provide or permit discovery. 

(3) Awarding Expenses. Rule 37(a)(5) applies to the award of 

expenses. 

(d) TIMING AND SEQUENCE OF DISCOVERY. 

(1) Timing. A party may not seek discovery from any source 

before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under 

Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order. 

(2) Early Rule 34 Requests. 

(A) Time to Deliver. More than 21 days after the summons 

and complaint are served on a party, a request under Rule 

34 may be delivered: 

(i) to that party by any other party, and 

(ii) by that party to any plaintiff or to any other 

party that has been served. 
Rule 26 FEDERAL RULES OF CIVIL PROCEDURE 44 

(B) When Considered Served. The request is considered to 

have been served at the first Rule 26(f) conference. 

(3) Sequence. Unless the parties stipulate or the court orders 

otherwise for the parties’ and witnesses’ convenience and in 

the interests of justice: 

(A) methods of discovery may be used in any sequence; 

and 

(B) discovery by one party does not require any other 

party to delay its discovery. 

(e) SUPPLEMENTING DISCLOSURES AND RESPONSES. 

(1) In General. A party who has made a disclosure under Rule 

26(a)—or who has responded to an interrogatory, request for 

production, or request for admission—must supplement or correct its disclosure or response: 

(A) in a timely manner if the party learns that in some 

material respect the disclosure or response is incomplete 

or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or 

(B) as ordered by the court. 

(2) Expert Witness. For an expert whose report must be disclosed under Rule 26(a)(2)(B), the party’s duty to supplement 

extends both to information included in the report and to information given during the expert’s deposition. Any additions 

or changes to this information must be disclosed by the time 

the party’s pretrial disclosures under Rule 26(a)(3) are due. 

(f) CONFERENCE OF THE PARTIES; PLANNING FOR DISCOVERY. 

(1) Conference Timing. Except in a proceeding exempted from 

initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable—and in any event at least 21 days before a scheduling 

conference is to be held or a scheduling order is due under 

Rule 16(b). 

(2) Conference Content; Parties’ Responsibilities. In conferring, 

the parties must consider the nature and basis of their claims 

and defenses and the possibilities for promptly settling or resolving the case; make or arrange for the disclosures required 

by Rule 26(a)(1); discuss any issues about preserving discoverable information; and develop a proposed discovery plan. The 

attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the 

conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 

14 days after the conference a written report outlining the 

plan. The court may order the parties or attorneys to attend 

the conference in person. 

(3) Discovery Plan. A discovery plan must state the parties’ 

views and proposals on: 

(A) what changes should be made in the timing, form, or 

requirement for disclosures under Rule 26(a), including a 

statement of when initial disclosures were made or will be 

made; 

(B) the subjects on which discovery may be needed, when 

discovery should be completed, and whether discovery 

should be conducted in phases or be limited to or focused 

on particular issues; 
45 FEDERAL RULES OF CIVIL PROCEDURE Rule 26 

(C) any issues about disclosure, discovery, or preservation of electronically stored information, including the 

form or forms in which it should be produced; 

(D) any issues about claims of privilege or of protection 

as trial-preparation materials, including—if the parties 

agree on a procedure to assert these claims after production—whether to ask the court to include their agreement 

in an order under Federal Rule of Evidence 502; 

(E) what changes should be made in the limitations on 

discovery imposed under these rules or by local rule, and 

what other limitations should be imposed; and 

(F) any other orders that the court should issue under 

Rule 26(c) or under Rule 16(b) and (c). 

(4) Expedited Schedule. If necessary to comply with its expedited schedule for Rule 16(b) conferences, a court may by local 

rule: 

(A) require the parties’ conference to occur less than 21 

days before the scheduling conference is held or a scheduling order is due under Rule 16(b); and 

(B) require the written report outlining the discovery 

plan to be filed less than 14 days after the parties’ conference, or excuse the parties from submitting a written 

report and permit them to report orally on their discovery 

plan at the Rule 16(b) conference. 

(g) SIGNING DISCLOSURES AND DISCOVERY REQUESTS, RESPONSES, 

AND OBJECTIONS. 

(1) Signature Required; Effect of Signature. Every disclosure 

under Rule 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney 

of record in the attorney’s own name—or by the party personally, if unrepresented—and must state the signer’s address, email address, and telephone number. By signing, an attorney 

or party certifies that to the best of the person’s knowledge, 

information, and belief formed after a reasonable inquiry: 

(A) with respect to a disclosure, it is complete and correct as of the time it is made; and 

(B) with respect to a discovery request, response, or objection, it is: 

(i) consistent with these rules and warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law, or for establishing new law; 

(ii) not interposed for any improper purpose, such as 

to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and 

(iii) neither unreasonable nor unduly burdensome or 

expensive, considering the needs of the case, prior discovery in the case, the amount in controversy, and the 

importance of the issues at stake in the action. 

(2) Failure to Sign. Other parties have no duty to act on an 

unsigned disclosure, request, response, or objection until it is 

signed, and the court must strike it unless a signature is 

promptly supplied after the omission is called to the attorney’s or party’s attention. 

(3) Sanction for Improper Certification. If a certification violates this rule without substantial justification, the court, on 
Rule 27 FEDERAL RULES OF CIVIL PROCEDURE 46 

motion or on its own, must impose an appropriate sanction on 

the signer, the party on whose behalf the signer was acting, or 

both. The sanction may include an order to pay the reasonable 

expenses, including attorney’s fees, caused by the violation. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 30, 1970, eff. July 1, 1970; 

Apr. 29, 1980, eff. Aug. 1, 1980; Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 

2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, 

eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 

1, 2007; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 29, 2015, eff. Dec. 1, 2015.) 

Rule 27. Depositions to Perpetuate Testimony 

(a) BEFORE AN ACTION IS FILED. 

(1) Petition. A person who wants to perpetuate testimony 

about any matter cognizable in a United States court may file 

a verified petition in the district court for the district where 

any expected adverse party resides. The petition must ask for 

an order authorizing the petitioner to depose the named persons in order to perpetuate their testimony. The petition must 

be titled in the petitioner’s name and must show: 

(A) that the petitioner expects to be a party to an action 

cognizable in a United States court but cannot presently 

bring it or cause it to be brought; 

(B) the subject matter of the expected action and the petitioner’s interest; 

(C) the facts that the petitioner wants to establish by 

the proposed testimony and the reasons to perpetuate it; 

(D) the names or a description of the persons whom the 

petitioner expects to be adverse parties and their addresses, so far as known; and 

(E) the name, address, and expected substance of the testimony of each deponent. 

(2) Notice and Service. At least 21 days before the hearing 

date, the petitioner must serve each expected adverse party 

with a copy of the petition and a notice stating the time and 

place of the hearing. The notice may be served either inside or 

outside the district or state in the manner provided in Rule 4. 

If that service cannot be made with reasonable diligence on an 

expected adverse party, the court may order service by publication or otherwise. The court must appoint an attorney to 

represent persons not served in the manner provided in Rule 

4 and to cross-examine the deponent if an unserved person is 

not otherwise represented. If any expected adverse party is a 

minor or is incompetent, Rule 17(c) applies. 

(3) Order and Examination. If satisfied that perpetuating the 

testimony may prevent a failure or delay of justice, the court 

must issue an order that designates or describes the persons 

whose depositions may be taken, specifies the subject matter 

of the examinations, and states whether the depositions will 

be taken orally or by written interrogatories. The depositions 

may then be taken under these rules, and the court may issue 

orders like those authorized by Rules 34 and 35. A reference in 

these rules to the court where an action is pending means, for 

purposes of this rule, the court where the petition for the deposition was filed. 
47 FEDERAL RULES OF CIVIL PROCEDURE Rule 28 

(4) Using the Deposition. A deposition to perpetuate testimony may be used under Rule 32(a) in any later-filed districtcourt action involving the same subject matter if the deposition either was taken under these rules or, although not so 

taken, would be admissible in evidence in the courts of the 

state where it was taken. 

(b) PENDING APPEAL. 

(1) In General. The court where a judgment has been rendered 

may, if an appeal has been taken or may still be taken, permit 

a party to depose witnesses to perpetuate their testimony for 

use in the event of further proceedings in that court. 

(2) Motion. The party who wants to perpetuate testimony 

may move for leave to take the depositions, on the same notice and service as if the action were pending in the district 

court. The motion must show: 

(A) the name, address, and expected substance of the testimony of each deponent; and 

(B) the reasons for perpetuating the testimony. 

(3) Court Order. If the court finds that perpetuating the testimony may prevent a failure or delay of justice, the court may 

permit the depositions to be taken and may issue orders like 

those authorized by Rules 34 and 35. The depositions may be 

taken and used as any other deposition taken in a pending district-court action. 

(c) PERPETUATION BY AN ACTION. This rule does not limit a 

court’s power to entertain an action to perpetuate testimony. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 

26, 2009, eff. Dec. 1, 2009.) 

Rule 28. Persons Before Whom Depositions May Be Taken 

(a) WITHIN THE UNITED STATES. 

(1) In General. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before: 

(A) an officer authorized to administer oaths either by 

federal law or by the law in the place of examination; or 

(B) a person appointed by the court where the action is 

pending to administer oaths and take testimony. 

(2) Definition of ‘‘Officer.’’ The term ‘‘officer’’ in Rules 30, 31, 

and 32 includes a person appointed by the court under this rule 

or designated by the parties under Rule 29(a). 

(b) IN A FOREIGN COUNTRY. 

(1) In General. A deposition may be taken in a foreign country: 

(A) under an applicable treaty or convention; 

(B) under a letter of request, whether or not captioned a 

‘‘letter rogatory’’; 

(C) on notice, before a person authorized to administer 

oaths either by federal law or by the law in the place of examination; or 

(D) before a person commissioned by the court to administer any necessary oath and take testimony. 
Rule 29 FEDERAL RULES OF CIVIL PROCEDURE 48 

(2) Issuing a Letter of Request or a Commission. A letter of request, a commission, or both may be issued: 

(A) on appropriate terms after an application and notice 

of it; and 

(B) without a showing that taking the deposition in another manner is impracticable or inconvenient. 

(3) Form of a Request, Notice, or Commission. When a letter of 

request or any other device is used according to a treaty or 

convention, it must be captioned in the form prescribed by 

that treaty or convention. A letter of request may be addressed ‘‘To the Appropriate Authority in [name of country].’’ 

A deposition notice or a commission must designate by name 

or descriptive title the person before whom the deposition is 

to be taken. 

(4) Letter of Request—Admitting Evidence. Evidence obtained 

in response to a letter of request need not be excluded merely 

because it is not a verbatim transcript, because the testimony 

was not taken under oath, or because of any similar departure 

from the requirements for depositions taken within the United 

States. 

(c) DISQUALIFICATION. A deposition must not be taken before a 

person who is any party’s relative, employee, or attorney; who is 

related to or employed by any party’s attorney; or who is financially interested in the action. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 1, 2007, eff. Dec. 1, 2007.) 

Rule 29. Stipulations About Discovery Procedure 

Unless the court orders otherwise, the parties may stipulate 

that: 

(a) a deposition may be taken before any person, at any time or 

place, on any notice, and in the manner specified—in which event 

it may be used in the same way as any other deposition; and 

(b) other procedures governing or limiting discovery be modified—but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time 

set for completing discovery, for hearing a motion, or for trial. 

(As amended Mar. 30, 1970, eff. July 1, 1970; Apr. 22, 1993, eff. Dec. 

1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 30. Depositions by Oral Examination 

(a) WHEN A DEPOSITION MAY BE TAKEN. 

(1) Without Leave. A party may, by oral questions, depose 

any person, including a party, without leave of court except as 

provided in Rule 30(a)(2). The deponent’s attendance may be 

compelled by subpoena under Rule 45. 

(2) With Leave. A party must obtain leave of court, and the 

court must grant leave to the extent consistent with Rule 

26(b)(1) and (2): 

(A) if the parties have not stipulated to the deposition 

and: 

(i) the deposition would result in more than 10 depositions being taken under this rule or Rule 31 by the 
49 FEDERAL RULES OF CIVIL PROCEDURE Rule 30 

plaintiffs, or by the defendants, or by the third-party 

defendants; 

(ii) the deponent has already been deposed in the 

case; or 

(iii) the party seeks to take the deposition before the 

time specified in Rule 26(d), unless the party certifies 

in the notice, with supporting facts, that the deponent 

is expected to leave the United States and be unavailable for examination in this country after that time; 

or 

(B) if the deponent is confined in prison. 

(b) NOTICE OF THE DEPOSITION; OTHER FORMAL REQUIREMENTS. 

(1) Notice in General. A party who wants to depose a person 

by oral questions must give reasonable written notice to every 

other party. The notice must state the time and place of the 

deposition and, if known, the deponent’s name and address. If 

the name is unknown, the notice must provide a general description sufficient to identify the person or the particular 

class or group to which the person belongs. 

(2) Producing Documents. If a subpoena duces tecum is to be 

served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice 

or in an attachment. The notice to a party deponent may be 

accompanied by a request under Rule 34 to produce documents 

and tangible things at the deposition. 

(3) Method of Recording. 

(A) Method Stated in the Notice. The party who notices the 

deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording 

costs. Any party may arrange to transcribe a deposition. 

(B) Additional Method. With prior notice to the deponent 

and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of 

the additional record or transcript unless the court orders 

otherwise. 

(4) By Remote Means. The parties may stipulate—or the court 

may on motion order—that a deposition be taken by telephone 

or other remote means. For the purpose of this rule and Rules 

28(a), 37(a)(2), and 37(b)(1), the deposition takes place where 

the deponent answers the questions. 

(5) Officer’s Duties. 

(A) Before the Deposition. Unless the parties stipulate 

otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. The officer 

must begin the deposition with an on-the-record statement 

that includes: 

(i) the officer’s name and business address; 

(ii) the date, time, and place of the deposition; 

(iii) the deponent’s name; 

(iv) the officer’s administration of the oath or affirmation to the deponent; and 

(v) the identity of all persons present. 
Rule 30 FEDERAL RULES OF CIVIL PROCEDURE 50 

(B) Conducting the Deposition; Avoiding Distortion. If the 

deposition is recorded nonstenographically, the officer 

must repeat the items in Rule 30(b)(5)(A)(i)–(iii) at the beginning of each unit of the recording medium. The deponent’s and attorneys’ appearance or demeanor must not be 

distorted through recording techniques. 

(C) After the Deposition. At the end of a deposition, the officer must state on the record that the deposition is complete and must set out any stipulations made by the attorneys about custody of the transcript or recording and of 

the exhibits, or about any other pertinent matters. 

(6) Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the deponent a public 

or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named 

organization must designate one or more officers, directors, or 

managing agents, or designate other persons who consent to 

testify on its behalf; and it may set out the matters on which 

each person designated will testify. Before or promptly after 

the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination. A subpoena must advise a nonparty organization of 

its duty to confer with the serving party and to designate each 

person who will testify. The persons designated must testify 

about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by 

any other procedure allowed by these rules. 

(c) EXAMINATION AND CROSS-EXAMINATION; RECORD OF THE EXAMINATION; OBJECTIONS; WRITTEN QUESTIONS. 

(1) Examination and Cross-Examination. The examination and 

cross-examination of a deponent proceed as they would at trial 

under the Federal Rules of Evidence, except Rules 103 and 615. 

After putting the deponent under oath or affirmation, the officer must record the testimony by the method designated 

under Rule 30(b)(3)(A). The testimony must be recorded by the 

officer personally or by a person acting in the presence and 

under the direction of the officer. 

(2) Objections. An objection at the time of the examination— 

whether to evidence, to a party’s conduct, to the officer’s 

qualifications, to the manner of taking the deposition, or to 

any other aspect of the deposition—must be noted on the 

record, but the examination still proceeds; the testimony is 

taken subject to any objection. An objection must be stated 

concisely in a nonargumentative and nonsuggestive manner. A 

person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered 

by the court, or to present a motion under Rule 30(d)(3). 

(3) Participating Through Written Questions. Instead of participating in the oral examination, a party may serve written 

questions in a sealed envelope on the party noticing the deposition, who must deliver them to the officer. The officer must 

ask the deponent those questions and record the answers verbatim. 

(d) DURATION; SANCTION; MOTION TO TERMINATE OR LIMIT. 
51 FEDERAL RULES OF CIVIL PROCEDURE Rule 30 

(1) Duration. Unless otherwise stipulated or ordered by the 

court, a deposition is limited to one day of 7 hours. The court 

must allow additional time consistent with Rule 26(b)(1) and 

(2) if needed to fairly examine the deponent or if the deponent, 

another person, or any other circumstance impedes or delays 

the examination. 

(2) Sanction. The court may impose an appropriate sanction—including the reasonable expenses and attorney’s fees incurred by any party—on a person who impedes, delays, or frustrates the fair examination of the deponent. 

(3) Motion to Terminate or Limit. 

(A) Grounds. At any time during a deposition, the deponent or a party may move to terminate or limit it on the 

ground that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses 

the deponent or party. The motion may be filed in the 

court where the action is pending or the deposition is 

being taken. If the objecting deponent or party so demands, the deposition must be suspended for the time necessary to obtain an order. 

(B) Order. The court may order that the deposition be 

terminated or may limit its scope and manner as provided 

in Rule 26(c). If terminated, the deposition may be resumed only by order of the court where the action is pending. 

(C) Award of Expenses. Rule 37(a)(5) applies to the award 

of expenses. 

(e) REVIEW BY THE WITNESS; CHANGES. 

(1) Review; Statement of Changes. On request by the deponent 

or a party before the deposition is completed, the deponent 

must be allowed 30 days after being notified by the officer that 

the transcript or recording is available in which: 

(A) to review the transcript or recording; and 

(B) if there are changes in form or substance, to sign a 

statement listing the changes and the reasons for making 

them. 

(2) Changes Indicated in the Officer’s Certificate. The officer 

must note in the certificate prescribed by Rule 30(f)(1) whether 

a review was requested and, if so, must attach any changes the 

deponent makes during the 30-day period. 

(f) CERTIFICATION AND DELIVERY; EXHIBITS; COPIES OF THE TRANSCRIPT OR RECORDING; FILING. 

(1) Certification and Delivery. The officer must certify in writing that the witness was duly sworn and that the deposition 

accurately records the witness’s testimony. The certificate 

must accompany the record of the deposition. Unless the court 

orders otherwise, the officer must seal the deposition in an envelope or package bearing the title of the action and marked 

‘‘Deposition of [witness’s name]’’ and must promptly send it to 

the attorney who arranged for the transcript or recording. The 

attorney must store it under conditions that will protect it 

against loss, destruction, tampering, or deterioration. 

(2) Documents and Tangible Things. 

(A) Originals and Copies. Documents and tangible things 

produced for inspection during a deposition must, on a party’s request, be marked for identification and attached to 
Rule 31 FEDERAL RULES OF CIVIL PROCEDURE 52 

the deposition. Any party may inspect and copy them. But 

if the person who produced them wants to keep the originals, the person may: 

(i) offer copies to be marked, attached to the deposition, and then used as originals—after giving all parties a fair opportunity to verify the copies by comparing them with the originals; or 

(ii) give all parties a fair opportunity to inspect and 

copy the originals after they are marked—in which 

event the originals may be used as if attached to the 

deposition. 

(B) Order Regarding the Originals. Any party may move 

for an order that the originals be attached to the deposition pending final disposition of the case. 

(3) Copies of the Transcript or Recording. Unless otherwise 

stipulated or ordered by the court, the officer must retain the 

stenographic notes of a deposition taken stenographically or a 

copy of the recording of a deposition taken by another method. When paid reasonable charges, the officer must furnish a 

copy of the transcript or recording to any party or the deponent. 

(4) Notice of Filing. A party who files the deposition must 

promptly notify all other parties of the filing. 

(g) FAILURE TO ATTEND A DEPOSITION OR SERVE A SUBPOENA; EXPENSES. A party who, expecting a deposition to be taken, attends 

in person or by an attorney may recover reasonable expenses for 

attending, including attorney’s fees, if the noticing party failed 

to: 

(1) attend and proceed with the deposition; or 

(2) serve a subpoena on a nonparty deponent, who consequently did not attend. 

(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 

1, 1970; Mar. 1, 1971, eff. July 1, 1971; Nov. 20, 1972, eff. July 1, 1975; 

Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 

22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, 

eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 27, 2020, eff. Dec. 

1, 2020.) 

Rule 31. Depositions by Written Questions 

(a) WHEN A DEPOSITION MAY BE TAKEN. 

(1) Without Leave. A party may, by written questions, depose 

any person, including a party, without leave of court except as 

provided in Rule 31(a)(2). The deponent’s attendance may be 

compelled by subpoena under Rule 45. 

(2) With Leave. A party must obtain leave of court, and the 

court must grant leave to the extent consistent with Rule 

26(b)(1) and (2): 

(A) if the parties have not stipulated to the deposition 

and: 

(i) the deposition would result in more than 10 depositions being taken under this rule or Rule 30 by the 

plaintiffs, or by the defendants, or by the third-party 

defendants; 

(ii) the deponent has already been deposed in the 

case; or 
53 FEDERAL RULES OF CIVIL PROCEDURE Rule 32 

(iii) the party seeks to take a deposition before the 

time specified in Rule 26(d); or 

(B) if the deponent is confined in prison. 

(3) Service; Required Notice. A party who wants to depose a 

person by written questions must serve them on every other 

party, with a notice stating, if known, the deponent’s name 

and address. If the name is unknown, the notice must provide 

a general description sufficient to identify the person or the 

particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken. 

(4) Questions Directed to an Organization. A public or private 

corporation, a partnership, an association, or a governmental 

agency may be deposed by written questions in accordance 

with Rule 30(b)(6). 

(5) Questions from Other Parties. Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with 

the notice and direct questions; redirect questions, within 7 

days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. 

The court may, for good cause, extend or shorten these times. 

(b) DELIVERY TO THE OFFICER; OFFICER’S DUTIES. The party who 

noticed the deposition must deliver to the officer a copy of all the 

questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30(c), (e), and (f) to: 

(1) take the deponent’s testimony in response to the questions; 

(2) prepare and certify the deposition; and 

(3) send it to the party, attaching a copy of the questions 

and of the notice. 

(c) NOTICE OF COMPLETION OR FILING. 

(1) Completion. The party who noticed the deposition must 

notify all other parties when it is completed. 

(2) Filing. A party who files the deposition must promptly 

notify all other parties of the filing. 

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; 

Apr. 29, 2015, eff. Dec. 1, 2015.) 

Rule 32. Using Depositions in Court Proceedings 

(a) USING DEPOSITIONS. 

(1) In General. At a hearing or trial, all or part of a deposition may be used against a party on these conditions: 

(A) the party was present or represented at the taking of 

the deposition or had reasonable notice of it; 

(B) it is used to the extent it would be admissible under 

the Federal Rules of Evidence if the deponent were present 

and testifying; and 

(C) the use is allowed by Rule 32(a)(2) through (8). 

(2) Impeachment and Other Uses. Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any other purpose allowed by the 

Federal Rules of Evidence. 
Rule 32 FEDERAL RULES OF CIVIL PROCEDURE 54 

(3) Deposition of Party, Agent, or Designee. An adverse party 

may use for any purpose the deposition of a party or anyone 

who, when deposed, was the party’s officer, director, managing 

agent, or designee under Rule 30(b)(6) or 31(a)(4). 

(4) Unavailable Witness. A party may use for any purpose the 

deposition of a witness, whether or not a party, if the court 

finds: 

(A) that the witness is dead; 

(B) that the witness is more than 100 miles from the 

place of hearing or trial or is outside the United States, 

unless it appears that the witness’s absence was procured 

by the party offering the deposition; 

(C) that the witness cannot attend or testify because of 

age, illness, infirmity, or imprisonment; 

(D) that the party offering the deposition could not procure the witness’s attendance by subpoena; or 

(E) on motion and notice, that exceptional circumstances make it desirable—in the interest of justice and 

with due regard to the importance of live testimony in 

open court—to permit the deposition to be used. 

(5) Limitations on Use. 

(A) Deposition Taken on Short Notice. A deposition must 

not be used against a party who, having received less than 

14 days’ notice of the deposition, promptly moved for a 

protective order under Rule 26(c)(1)(B) requesting that it 

not be taken or be taken at a different time or place—and 

this motion was still pending when the deposition was 

taken. 

(B) Unavailable Deponent; Party Could Not Obtain an Attorney. A deposition taken without leave of court under 

the unavailability provision of Rule 30(a)(2)(A)(iii) must 

not be used against a party who shows that, when served 

with the notice, it could not, despite diligent efforts, obtain an attorney to represent it at the deposition. 

(6) Using Part of a Deposition. If a party offers in evidence 

only part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with the part introduced, and any party may itself introduce any other parts. 

(7) Substituting a Party. Substituting a party under Rule 25 

does not affect the right to use a deposition previously taken. 

(8) Deposition Taken in an Earlier Action. A deposition lawfully taken and, if required, filed in any federal- or state-court 

action may be used in a later action involving the same subject matter between the same parties, or their representatives 

or successors in interest, to the same extent as if taken in the 

later action. A deposition previously taken may also be used 

as allowed by the Federal Rules of Evidence. 

(b) OBJECTIONS TO ADMISSIBILITY. Subject to Rules 28(b) and 

32(d)(3), an objection may be made at a hearing or trial to the admission of any deposition testimony that would be inadmissible if 

the witness were present and testifying. 

(c) FORM OF PRESENTATION. Unless the court orders otherwise, a 

party must provide a transcript of any deposition testimony the 
55 FEDERAL RULES OF CIVIL PROCEDURE Rule 33 

party offers, but may provide the court with the testimony in nontranscript form as well. On any party’s request, deposition testimony offered in a jury trial for any purpose other than impeachment must be presented in nontranscript form, if available, unless 

the court for good cause orders otherwise. 

(d) WAIVER OF OBJECTIONS. 

(1) To the Notice. An objection to an error or irregularity in 

a deposition notice is waived unless promptly served in writing on the party giving the notice. 

(2) To the Officer’s Qualification. An objection based on disqualification of the officer before whom a deposition is to be 

taken is waived if not made: 

(A) before the deposition begins; or 

(B) promptly after the basis for disqualification becomes 

known or, with reasonable diligence, could have been 

known. 

(3) To the Taking of the Deposition. 

(A) Objection to Competence, Relevance, or Materiality. An 

objection to a deponent’s competence—or to the competence, relevance, or materiality of testimony—is not 

waived by a failure to make the objection before or during 

the deposition, unless the ground for it might have been 

corrected at that time. 

(B) Objection to an Error or Irregularity. An objection to 

an error or irregularity at an oral examination is waived 

if: 

(i) it relates to the manner of taking the deposition, 

the form of a question or answer, the oath or affirmation, a party’s conduct, or other matters that might 

have been corrected at that time; and 

(ii) it is not timely made during the deposition. 

(C) Objection to a Written Question. An objection to the 

form of a written question under Rule 31 is waived if not 

served in writing on the party submitting the question 

within the time for serving responsive questions or, if the 

question is a recross-question, within 7 days after being 

served with it. 

(4) To Completing and Returning the Deposition. An objection 

to how the officer transcribed the testimony—or prepared, 

signed, certified, sealed, endorsed, sent, or otherwise dealt 

with the deposition—is waived unless a motion to suppress is 

made promptly after the error or irregularity becomes known 

or, with reasonable diligence, could have been known. 

(As amended Mar. 30, 1970, eff. July 1, 1970; Nov. 20, 1972, eff. July 

1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 

26, 2009, eff. Dec. 1, 2009.) 

Rule 33. Interrogatories to Parties 

(a) IN GENERAL. 

(1) Number. Unless otherwise stipulated or ordered by the 

court, a party may serve on any other party no more than 25 

written interrogatories, including all discrete subparts. Leave 

to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2). 
Rule 34 FEDERAL RULES OF CIVIL PROCEDURE 56 

(2) Scope. An interrogatory may relate to any matter that 

may be inquired into under Rule 26(b). An interrogatory is not 

objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but 

the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time. 

(b) ANSWERS AND OBJECTIONS. 

(1) Responding Party. The interrogatories must be answered: 

(A) by the party to whom they are directed; or 

(B) if that party is a public or private corporation, a 

partnership, an association, or a governmental agency, by 

any officer or agent, who must furnish the information 

available to the party. 

(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served 

with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court. 

(3) Answering Each Interrogatory. Each interrogatory must, 

to the extent it is not objected to, be answered separately and 

fully in writing under oath. 

(4) Objections. The grounds for objecting to an interrogatory 

must be stated with specificity. Any ground not stated in a 

timely objection is waived unless the court, for good cause, excuses the failure. 

(5) Signature. The person who makes the answers must sign 

them, and the attorney who objects must sign any objections. 

(c) USE. An answer to an interrogatory may be used to the extent allowed by the Federal Rules of Evidence. 

(d) OPTION TO PRODUCE BUSINESS RECORDS. If the answer to an 

interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same 

for either party, the responding party may answer by: 

(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and 

identify them as readily as the responding party could; and 

(2) giving the interrogating party a reasonable opportunity 

to examine and audit the records and to make copies, compilations, abstracts, or summaries. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 

1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Apr. 22, 1993, eff. Dec. 1, 1993; 

Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 

29, 2015, eff. Dec. 1, 2015.) 

Rule 34. Producing Documents, Electronically Stored Information, 

and Tangible Things, or Entering onto Land, for Inspection 

and Other Purposes 

(a) IN GENERAL. A party may serve on any other party a request 

within the scope of Rule 26(b): 

(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following 

items in the responding party’s possession, custody, or control: 
57 FEDERAL RULES OF CIVIL PROCEDURE Rule 34 

(A) any designated documents or electronically stored 

information—including writings, drawings, graphs, charts, 

photographs, sound recordings, images, and other data or 

data compilations—stored in any medium from which information can be obtained either directly or, if necessary, 

after translation by the responding party into a reasonably usable form; or 

(B) any designated tangible things; or 

(2) to permit entry onto designated land or other property 

possessed or controlled by the responding party, so that the 

requesting party may inspect, measure, survey, photograph, 

test, or sample the property or any designated object or operation on it. 

(b) PROCEDURE. 

(1) Contents of the Request. The request: 

(A) must describe with reasonable particularity each 

item or category of items to be inspected; 

(B) must specify a reasonable time, place, and manner 

for the inspection and for performing the related acts; and 

(C) may specify the form or forms in which electronically stored information is to be produced. 

(2) Responses and Objections. 

(A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being 

served or—if the request was delivered under Rule 

26(d)(2)—within 30 days after the parties’ first Rule 26(f) 

conference. A shorter or longer time may be stipulated to 

under Rule 29 or be ordered by the court. 

(B) Responding to Each Item. For each item or category, 

the response must either state that inspection and related 

activities will be permitted as requested or state with 

specificity the grounds for objecting to the request, including the reasons. The responding party may state that it 

will produce copies of documents or of electronically 

stored information instead of permitting inspection. The 

production must then be completed no later than the time 

for inspection specified in the request or another reasonable time specified in the response. 

(C) Objections. An objection must state whether any responsive materials are being withheld on the basis of that 

objection. An objection to part of a request must specify 

the part and permit inspection of the rest. 

(D) Responding to a Request for Production of Electronically 

Stored Information. The response may state an objection to 

a requested form for producing electronically stored information. If the responding party objects to a requested 

form—or if no form was specified in the request—the party 

must state the form or forms it intends to use. 

(E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the 

court, these procedures apply to producing documents or 

electronically stored information: 

(i) A party must produce documents as they are kept 

in the usual course of business or must organize and 

label them to correspond to the categories in the request; 
Rule 35 FEDERAL RULES OF CIVIL PROCEDURE 58 

(ii) If a request does not specify a form for producing 

electronically stored information, a party must 

produce it in a form or forms in which it is ordinarily 

maintained or in a reasonably usable form or forms; 

and 

(iii) A party need not produce the same electronically stored information in more than one form. 

(c) NONPARTIES. As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an 

inspection. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 

1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 

12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, 

eff. Dec. 1, 2015.) 

Rule 35. Physical and Mental Examinations 

(a) ORDER FOR AN EXAMINATION. 

(1) In General. The court where the action is pending may 

order a party whose mental or physical condition—including 

blood group—is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. 

The court has the same authority to order a party to produce 

for examination a person who is in its custody or under its 

legal control. 

(2) Motion and Notice; Contents of the Order. The order: 

(A) may be made only on motion for good cause and on 

notice to all parties and the person to be examined; and 

(B) must specify the time, place, manner, conditions, and 

scope of the examination, as well as the person or persons 

who will perform it. 

(b) EXAMINER’S REPORT. 

(1) Request by the Party or Person Examined. The party who 

moved for the examination must, on request, deliver to the requester a copy of the examiner’s report, together with like reports of all earlier examinations of the same condition. The 

request may be made by the party against whom the examination order was issued or by the person examined. 

(2) Contents. The examiner’s report must be in writing and 

must set out in detail the examiner’s findings, including diagnoses, conclusions, and the results of any tests. 

(3) Request by the Moving Party. After delivering the reports, 

the party who moved for the examination may request—and is 

entitled to receive—from the party against whom the examination order was issued like reports of all earlier or later examinations of the same condition. But those reports need not 

be delivered by the party with custody or control of the person 

examined if the party shows that it could not obtain them. 

(4) Waiver of Privilege. By requesting and obtaining the examiner’s report, or by deposing the examiner, the party examined 

waives any privilege it may have—in that action or any other 

action involving the same controversy—concerning testimony 

about all examinations of the same condition. 
59 FEDERAL RULES OF CIVIL PROCEDURE Rule 36 

(5) Failure to Deliver a Report. The court on motion may 

order—on just terms—that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner’s testimony at trial. 

(6) Scope. This subdivision (b) applies also to an examination 

made by the parties’ agreement, unless the agreement states 

otherwise. This subdivision does not preclude obtaining an examiner’s report or deposing an examiner under other rules. 

(As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 

1, 1987; Pub. L. 100–690, title VII, § 7047(b), Nov. 18, 1988, 102 Stat. 

4401; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 36. Requests for Admission 

(a) SCOPE AND PROCEDURE. 

(1) Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the 

truth of any matters within the scope of Rule 26(b)(1) relating 

to: 

(A) facts, the application of law to fact, or opinions 

about either; and 

(B) the genuineness of any described documents. 

(2) Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless 

it is, or has been, otherwise furnished or made available for inspection and copying. 

(3) Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30 days after being served, the party to 

whom the request is directed serves on the requesting party a 

written answer or objection addressed to the matter and 

signed by the party or its attorney. A shorter or longer time 

for responding may be stipulated to under Rule 29 or be ordered by the court. 

(4) Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party 

cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of 

a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of 

knowledge or information as a reason for failing to admit or 

deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain 

is insufficient to enable it to admit or deny. 

(5) Objections. The grounds for objecting to a request must be 

stated. A party must not object solely on the ground that the 

request presents a genuine issue for trial. 

(6) Motion Regarding the Sufficiency of an Answer or Objection. 

The requesting party may move to determine the sufficiency 

of an answer or objection. Unless the court finds an objection 

justified, it must order that an answer be served. On finding 

that an answer does not comply with this rule, the court may 

order either that the matter is admitted or that an amended 

answer be served. The court may defer its final decision until 
Rule 37 FEDERAL RULES OF CIVIL PROCEDURE 60 

a pretrial conference or a specified time before trial. Rule 

37(a)(5) applies to an award of expenses. 

(b) EFFECT OF AN ADMISSION; WITHDRAWING OR AMENDING IT. A 

matter admitted under this rule is conclusively established unless 

the court, on motion, permits the admission to be withdrawn or 

amended. Subject to Rule 16(e), the court may permit withdrawal 

or amendment if it would promote the presentation of the merits 

of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action 

on the merits. An admission under this rule is not an admission 

for any other purpose and cannot be used against the party in any 

other proceeding. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 

1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; 

Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; 

Sanctions 

(a) MOTION FOR AN ORDER COMPELLING DISCLOSURE OR DISCOVERY. 

(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or 

discovery. The motion must include a certification that the 

movant has in good faith conferred or attempted to confer 

with the person or party failing to make disclosure or discovery in an effort to obtain it without court action. 

(2) Appropriate Court. A motion for an order to a party must 

be made in the court where the action is pending. A motion for 

an order to a nonparty must be made in the court where the 

discovery is or will be taken. 

(3) Specific Motions. 

(A) To Compel Disclosure. If a party fails to make a disclosure required by Rule 26(a), any other party may move to 

compel disclosure and for appropriate sanctions. 

(B) To Compel a Discovery Response. A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. This motion may be 

made if: 

(i) a deponent fails to answer a question asked under 

Rule 30 or 31; 

(ii) a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a)(4); 

(iii) a party fails to answer an interrogatory submitted under Rule 33; or 

(iv) a party fails to produce documents or fails to respond that inspection will be permitted—or fails to 

permit inspection—as requested under Rule 34. 

(C) Related to a Deposition. When taking an oral deposition, the party asking a question may complete or adjourn 

the examination before moving for an order. 

(4) Evasive or Incomplete Disclosure, Answer, or Response. For 

purposes of this subdivision (a), an evasive or incomplete disclosure, answer, or response must be treated as a failure to 

disclose, answer, or respond. 

(5) Payment of Expenses; Protective Orders. 
61 FEDERAL RULES OF CIVIL PROCEDURE Rule 37 

(A) If the Motion Is Granted (or Disclosure or Discovery Is 

Provided After Filing). If the motion is granted—or if the 

disclosure or requested discovery is provided after the motion was filed—the court must, after giving an opportunity 

to be heard, require the party or deponent whose conduct 

necessitated the motion, the party or attorney advising 

that conduct, or both to pay the movant’s reasonable expenses incurred in making the motion, including attorney’s fees. But the court must not order this payment if: 

(i) the movant filed the motion before attempting in 

good faith to obtain the disclosure or discovery without court action; 

(ii) the opposing party’s nondisclosure, response, or 

objection was substantially justified; or 

(iii) other circumstances make an award of expenses 

unjust. 

(B) If the Motion Is Denied. If the motion is denied, the 

court may issue any protective order authorized under 

Rule 26(c) and must, after giving an opportunity to be 

heard, require the movant, the attorney filing the motion, 

or both to pay the party or deponent who opposed the motion its reasonable expenses incurred in opposing the motion, including attorney’s fees. But the court must not 

order this payment if the motion was substantially justified or other circumstances make an award of expenses unjust. 

(C) If the Motion Is Granted in Part and Denied in Part. If 

the motion is granted in part and denied in part, the court 

may issue any protective order authorized under Rule 26(c) 

and may, after giving an opportunity to be heard, apportion the reasonable expenses for the motion. 

(b) FAILURE TO COMPLY WITH A COURT ORDER. 

(1) Sanctions Sought in the District Where the Deposition Is 

Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent 

fails to obey, the failure may be treated as contempt of court. 

If a deposition-related motion is transferred to the court 

where the action is pending, and that court orders a deponent 

to be sworn or to answer a question and the deponent fails to 

obey, the failure may be treated as contempt of either the 

court where the discovery is taken or the court where the action is pending. 

(2) Sanctions Sought in the District Where the Action Is Pending. 

(A) For Not Obeying a Discovery Order. If a party or a party’s officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an 

order to provide or permit discovery, including an order 

under Rule 26(f), 35, or 37(a), the court where the action is 

pending may issue further just orders. They may include 

the following: 

(i) directing that the matters embraced in the order 

or other designated facts be taken as established for 

purposes of the action, as the prevailing party claims; 
Rule 37 FEDERAL RULES OF CIVIL PROCEDURE 62 

(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from 

introducing designated matters in evidence; 

(iii) striking pleadings in whole or in part; 

(iv) staying further proceedings until the order is 

obeyed; 

(v) dismissing the action or proceeding in whole or in 

part; 

(vi) rendering a default judgment against the disobedient party; or 

(vii) treating as contempt of court the failure to 

obey any order except an order to submit to a physical 

or mental examination. 

(B) For Not Producing a Person for Examination. If a party 

fails to comply with an order under Rule 35(a) requiring it 

to produce another person for examination, the court may 

issue any of the orders listed in Rule 37(b)(2)(A)(i)–(vi), unless the disobedient party shows that it cannot produce 

the other person. 

(C) Payment of Expenses. Instead of or in addition to the 

orders above, the court must order the disobedient party, 

the attorney advising that party, or both to pay the reasonable expenses, including attorney’s fees, caused by the 

failure, unless the failure was substantially justified or 

other circumstances make an award of expenses unjust. 

(c) FAILURE TO DISCLOSE, TO SUPPLEMENT AN EARLIER RESPONSE, 

OR TO ADMIT. 

(1) Failure to Disclose or Supplement. If a party fails to provide 

information or identify a witness as required by Rule 26(a) or 

(e), the party is not allowed to use that information or witness 

to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless. In 

addition to or instead of this sanction, the court, on motion 

and after giving an opportunity to be heard: 

(A) may order payment of the reasonable expenses, including attorney’s fees, caused by the failure; 

(B) may inform the jury of the party’s failure; and 

(C) may impose other appropriate sanctions, including 

any of the orders listed in Rule 37(b)(2)(A)(i)–(vi). 

(2) Failure to Admit. If a party fails to admit what is requested under Rule 36 and if the requesting party later proves 

a document to be genuine or the matter true, the requesting 

party may move that the party who failed to admit pay the 

reasonable expenses, including attorney’s fees, incurred in 

making that proof. The court must so order unless: 

(A) the request was held objectionable under Rule 36(a); 

(B) the admission sought was of no substantial importance; 

(C) the party failing to admit had a reasonable ground to 

believe that it might prevail on the matter; or 

(D) there was other good reason for the failure to admit. 

(d) PARTY’S FAILURE TO ATTEND ITS OWN DEPOSITION, SERVE ANSWERS TO INTERROGATORIES, OR RESPOND TO A REQUEST FOR INSPECTION. 

(1) In General. 
63 FEDERAL RULES OF CIVIL PROCEDURE Rule 37 

(A) Motion; Grounds for Sanctions. The court where the 

action is pending may, on motion, order sanctions if: 

(i) a party or a party’s officer, director, or managing 

agent—or a person designated under Rule 30(b)(6) or 

31(a)(4)—fails, after being served with proper notice, to 

appear for that person’s deposition; or 

(ii) a party, after being properly served with interrogatories under Rule 33 or a request for inspection 

under Rule 34, fails to serve its answers, objections, or 

written response. 

(B) Certification. A motion for sanctions for failing to answer or respond must include a certification that the movant has in good faith conferred or attempted to confer with 

the party failing to act in an effort to obtain the answer 

or response without court action. 

(2) Unacceptable Excuse for Failing to Act. A failure described 

in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was objectionable, unless the party failing to 

act has a pending motion for a protective order under Rule 

26(c). 

(3) Types of Sanctions. Sanctions may include any of the orders listed in Rule 37(b)(2)(A)(i)–(vi). Instead of or in addition 

to these sanctions, the court must require the party failing to 

act, the attorney advising that party, or both to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust. 

(e) FAILURE TO PRESERVE ELECTRONICALLY STORED INFORMATION. 

If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because 

a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the 

court: 

(1) upon finding prejudice to another party from loss of the 

information, may order measures no greater than necessary to 

cure the prejudice; or 

(2) only upon finding that the party acted with the intent to 

deprive another party of the information’s use in the litigation may: 

(A) presume that the lost information was unfavorable 

to the party; 

(B) instruct the jury that it may or must presume the information was unfavorable to the party; or 

(C) dismiss the action or enter a default judgment. 

(f) FAILURE TO PARTICIPATE IN FRAMING A DISCOVERY PLAN. If a 

party or its attorney fails to participate in good faith in developing and submitting a proposed discovery plan as required by Rule 

26(f), the court may, after giving an opportunity to be heard, require that party or attorney to pay to any other party the reasonable expenses, including attorney’s fees, caused by the failure. 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 

1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 96–481, § 205(a), Oct. 

21, 1980, 94 Stat. 2330, eff. Oct. 1, 1981; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 
Rule 38 FEDERAL RULES OF CIVIL PROCEDURE 64 

12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 16, 2013, 

eff. Dec. 1, 2013; Apr. 29, 2015, eff. Dec. 1, 2015.) 

TITLE VI. TRIALS 

Rule 38. Right to a Jury Trial; Demand 

(a) RIGHT PRESERVED. The right of trial by jury as declared by 

the Seventh Amendment to the Constitution—or as provided by a 

federal statute—is preserved to the parties inviolate. 

(b) DEMAND. On any issue triable of right by a jury, a party may 

demand a jury trial by: 

(1) serving the other parties with a written demand—which 

may be included in a pleading—no later than 14 days after the 

last pleading directed to the issue is served; and 

(2) filing the demand in accordance with Rule 5(d). 

(c) SPECIFYING ISSUES. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If 

the party has demanded a jury trial on only some issues, any 

other party may—within 14 days after being served with the demand or within a shorter time ordered by the court—serve a demand for a jury trial on any other or all factual issues triable by 

jury. 

(d) WAIVER; WITHDRAWAL. A party waives a jury trial unless its 

demand is properly served and filed. A proper demand may be 

withdrawn only if the parties consent. 

(e) ADMIRALTY AND MARITIME CLAIMS. These rules do not create 

a right to a jury trial on issues in a claim that is an admiralty 

or maritime claim under Rule 9(h). 

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; 

Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 39. Trial by Jury or by the Court 

(a) WHEN A DEMAND IS MADE. When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be 

by jury unless: 

(1) the parties or their attorneys file a stipulation to a 

nonjury trial or so stipulate on the record; or 

(2) the court, on motion or on its own, finds that on some or 

all of those issues there is no federal right to a jury trial. 

(b) WHEN NO DEMAND IS MADE. Issues on which a jury trial is not 

properly demanded are to be tried by the court. But the court 

may, on motion, order a jury trial on any issue for which a jury 

might have been demanded. 

(c) ADVISORY JURY; JURY TRIAL BY CONSENT. In an action not triable of right by a jury, the court, on motion or on its own: 

(1) may try any issue with an advisory jury; or 

(2) may, with the parties’ consent, try any issue by a jury 

whose verdict has the same effect as if a jury trial had been 

a matter of right, unless the action is against the United 

States and a federal statute provides for a nonjury trial. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 
65 FEDERAL RULES OF CIVIL PROCEDURE Rule 41 

Rule 40. Scheduling Cases for Trial 

Each court must provide by rule for scheduling trials. The court 

must give priority to actions entitled to priority by a federal statute. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 41. Dismissal of Actions 

(a) VOLUNTARY DISMISSAL. 

(1) By the Plaintiff. 

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 

23.2, and 66 and any applicable federal statute, the plaintiff 

may dismiss an action without a court order by filing: 

(i) a notice of dismissal before the opposing party 

serves either an answer or a motion for summary judgment; or 

(ii) a stipulation of dismissal signed by all parties 

who have appeared. 

(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action 

based on or including the same claim, a notice of dismissal 

operates as an adjudication on the merits. 

(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), 

an action may be dismissed at the plaintiff’s request only by 

court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with 

the plaintiff’s motion to dismiss, the action may be dismissed 

over the defendant’s objection only if the counterclaim can remain pending for independent adjudication. Unless the order 

states otherwise, a dismissal under this paragraph (2) is without prejudice. 

(b) INVOLUNTARY DISMISSAL; EFFECT. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant 

may move to dismiss the action or any claim against it. Unless 

the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for 

lack of jurisdiction, improper venue, or failure to join a party 

under Rule 19—operates as an adjudication on the merits. 

(c) DISMISSING A COUNTERCLAIM, CROSSCLAIM, OR THIRD-PARTY

CLAIM. This rule applies to a dismissal of any counterclaim, 

crossclaim, or third-party claim. A claimant’s voluntary dismissal 

under Rule 41(a)(1)(A)(i) must be made: 

(1) before a responsive pleading is served; or 

(2) if there is no responsive pleading, before evidence is introduced at a hearing or trial. 

(d) COSTS OF A PREVIOUSLY DISMISSED ACTION. If a plaintiff who 

previously dismissed an action in any court files an action based 

on or including the same claim against the same defendant, the 

court: 

(1) may order the plaintiff to pay all or part of the costs of 

that previous action; and 

(2) may stay the proceedings until the plaintiff has complied. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; 
Rule 42 FEDERAL RULES OF CIVIL PROCEDURE 66 

Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 

2007, eff. Dec. 1, 2007.) 

Rule 42. Consolidation; Separate Trials 

(a) CONSOLIDATION. If actions before the court involve a common 

question of law or fact, the court may: 

(1) join for hearing or trial any or all matters at issue in the 

actions; 

(2) consolidate the actions; or 

(3) issue any other orders to avoid unnecessary cost or delay. 

(b) SEPARATE TRIALS. For convenience, to avoid prejudice, or to 

expedite and economize, the court may order a separate trial of 

one or more separate issues, claims, crossclaims, counterclaims, 

or third-party claims. When ordering a separate trial, the court 

must preserve any federal right to a jury trial. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 2007, eff. Dec. 

1, 2007.) 

Rule 43. Taking Testimony 

(a) IN OPEN COURT. At trial, the witnesses’ testimony must be 

taken in open court unless a federal statute, the Federal Rules of 

Evidence, these rules, or other rules adopted by the Supreme 

Court provide otherwise. For good cause in compelling circumstances and with appropriate safeguards, the court may permit 

testimony in open court by contemporaneous transmission from a 

different location. 

(b) AFFIRMATION INSTEAD OF AN OATH. When these rules require 

an oath, a solemn affirmation suffices. 

(c) EVIDENCE ON A MOTION. When a motion relies on facts outside 

the record, the court may hear the matter on affidavits or may 

hear it wholly or partly on oral testimony or on depositions. 

(d) INTERPRETER. The court may appoint an interpreter of its 

choosing; fix reasonable compensation to be paid from funds provided by law or by one or more parties; and tax the compensation 

as costs. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, and Dec. 

18, 1972, eff. July 1, 1975; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 1996, 

eff. Dec. 1, 1996; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 44. Proving an Official Record 

(a) MEANS OF PROVING. 

(1) Domestic Record. Each of the following evidences an official record—or an entry in it—that is otherwise admissible 

and is kept within the United States, any state, district, or 

commonwealth, or any territory subject to the administrative 

or judicial jurisdiction of the United States: 

(A) an official publication of the record; or 

(B) a copy attested by the officer with legal custody of 

the record—or by the officer’s deputy—and accompanied 

by a certificate that the officer has custody. The certificate must be made under seal: 

(i) by a judge of a court of record in the district or 

political subdivision where the record is kept; or 
67 FEDERAL RULES OF CIVIL PROCEDURE Rule 45 

(ii) by any public officer with a seal of office and 

with official duties in the district or political subdivision where the record is kept. 

(2) Foreign Record. 

(A) In General. Each of the following evidences a foreign 

official record—or an entry in it—that is otherwise admissible: 

(i) an official publication of the record; or 

(ii) the record—or a copy—that is attested by an authorized person and is accompanied either by a final 

certification of genuineness or by a certification under 

a treaty or convention to which the United States and 

the country where the record is located are parties. 

(B) Final Certification of Genuineness. A final certification 

must certify the genuineness of the signature and official 

position of the attester or of any foreign official whose 

certificate of genuineness relates to the attestation or is 

in a chain of certificates of genuineness relating to the attestation. A final certification may be made by a secretary 

of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; 

or by a diplomatic or consular official of the foreign country assigned or accredited to the United States. 

(C) Other Means of Proof. If all parties have had a reasonable opportunity to investigate a foreign record’s authenticity and accuracy, the court may, for good cause, either: 

(i) admit an attested copy without final certification; or 

(ii) permit the record to be evidenced by an attested 

summary with or without a final certification. 

(b) LACK OF A RECORD. A written statement that a diligent 

search of designated records revealed no record or entry of a specified tenor is admissible as evidence that the records contain no 

such record or entry. For domestic records, the statement must be 

authenticated under Rule 44(a)(1). For foreign records, the statement must comply with (a)(2)(C)(ii). 

(c) OTHER PROOF. A party may prove an official record—or an 

entry or lack of an entry in it—by any other method authorized 

by law. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 44.1. Determining Foreign Law 

A party who intends to raise an issue about a foreign country’s 

law must give notice by a pleading or other writing. In determining foreign law, the court may consider any relevant material or 

source, including testimony, whether or not submitted by a party 

or admissible under the Federal Rules of Evidence. The court’s determination must be treated as a ruling on a question of law. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Nov. 20, 1972, eff. 

July 1, 1975; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 

2007.) 

Rule 45. Subpoena 

(a) IN GENERAL. 
Rule 45 FEDERAL RULES OF CIVIL PROCEDURE 68 

(1) Form and Contents. 

(A) Requirements—In General. Every subpoena must: 

(i) state the court from which it issued; 

(ii) state the title of the action and its civil-action 

number; 

(iii) command each person to whom it is directed to 

do the following at a specified time and place: attend 

and testify; produce designated documents, electronically stored information, or tangible things in that 

person’s possession, custody, or control; or permit the 

inspection of premises; and 

(iv) set out the text of Rule 45(d) and (e). 

(B) Command to Attend a Deposition—Notice of the Recording Method. A subpoena commanding attendance at a deposition must state the method for recording the testimony. 

(C) Combining or Separating a Command to Produce or to 

Permit Inspection; Specifying the Form for Electronically 

Stored Information. A command to produce documents, 

electronically stored information, or tangible things or to 

permit the inspection of premises may be included in a 

subpoena commanding attendance at a deposition, hearing, or trial, or may be set out in a separate subpoena. A 

subpoena may specify the form or forms in which electronically stored information is to be produced. 

(D) Command to Produce; Included Obligations. A command in a subpoena to produce documents, electronically 

stored information, or tangible things requires the responding person to permit inspection, copying, testing, or 

sampling of the materials. 

(2) Issuing Court. A subpoena must issue from the court 

where the action is pending. 

(3) Issued by Whom. The clerk must issue a subpoena, signed 

but otherwise in blank, to a party who requests it. That party 

must complete it before service. An attorney also may issue 

and sign a subpoena if the attorney is authorized to practice 

in the issuing court. 

(4) Notice to Other Parties Before Service. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is 

directed, a notice and a copy of the subpoena must be served 

on each party. 

(b) SERVICE. 

(1) By Whom and How; Tendering Fees. Any person who is at 

least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person 

and, if the subpoena requires that person’s attendance, tendering the fees for 1 day’s attendance and the mileage allowed 

by law. Fees and mileage need not be tendered when the subpoena issues on behalf of the United States or any of its officers or agencies. 

(2) Service in the United States. A subpoena may be served at 

any place within the United States. 

(3) Service in a Foreign Country. 28 U.S.C. § 1783 governs issuing and serving a subpoena directed to a United States national or resident who is in a foreign country. 
69 FEDERAL RULES OF CIVIL PROCEDURE Rule 45 

(4) Proof of Service. Proving service, when necessary, requires 

filing with the issuing court a statement showing the date and 

manner of service and the names of the persons served. The 

statement must be certified by the server. 

(c) PLACE OF COMPLIANCE. 

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as 

follows: 

(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or 

(B) within the state where the person resides, is employed, or regularly transacts business in person, if the 

person 

(i) is a party or a party’s officer; or 

(ii) is commanded to attend a trial and would not 

incur substantial expense. 

(2) For Other Discovery. A subpoena may command: 

(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of 

where the person resides, is employed, or regularly transacts business in person; and 

(B) inspection of premises at the premises to be inspected. 

(d) PROTECTING A PERSON SUBJECT TO A SUBPOENA; ENFORCEMENT. 

(1) Avoiding Undue Burden or Expense; Sanctions. A party or 

attorney responsible for issuing and serving a subpoena must 

take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the 

district where compliance is required must enforce this duty 

and impose an appropriate sanction—which may include lost 

earnings and reasonable attorney’s fees—on a party or attorney who fails to comply. 

(2) Command to Produce Materials or Permit Inspection. 

(A) Appearance Not Required. A person commanded to 

produce documents, electronically stored information, or 

tangible things, or to permit the inspection of premises, 

need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, 

hearing, or trial. 

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may 

serve on the party or attorney designated in the subpoena 

a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in 

the form or forms requested. The objection must be served 

before the earlier of the time specified for compliance or 

14 days after the subpoena is served. If an objection is 

made, the following rules apply: 

(i) At any time, on notice to the commanded person, 

the serving party may move the court for the district 

where compliance is required for an order compelling 

production or inspection. 

(ii) These acts may be required only as directed in 

the order, and the order must protect a person who is 
Rule 45 FEDERAL RULES OF CIVIL PROCEDURE 70 

neither a party nor a party’s officer from significant 

expense resulting from compliance. 

(3) Quashing or Modifying a Subpoena. 

(A) When Required. On timely motion, the court for the 

district where compliance is required must quash or modify a subpoena that: 

(i) fails to allow a reasonable time to comply; 

(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c); 

(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or 

(iv) subjects a person to undue burden. 

(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the 

subpoena if it requires: 

(i) disclosing a trade secret or other confidential research, development, or commercial information; or 

(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences 

in dispute and results from the expert’s study that was 

not requested by a party. 

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: 

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue 

hardship; and 

(ii) ensures that the subpoenaed person will be reasonably compensated. 

(e) DUTIES IN RESPONDING TO A SUBPOENA. 

(1) Producing Documents or Electronically Stored Information. 

These procedures apply to producing documents or electronically stored information: 

(A) Documents. A person responding to a subpoena to 

produce documents must produce them as they are kept in 

the ordinary course of business or must organize and label 

them to correspond to the categories in the demand. 

(B) Form for Producing Electronically Stored Information 

Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is 

ordinarily maintained or in a reasonably usable form or 

forms. 

(C) Electronically Stored Information Produced in Only One 

Form. The person responding need not produce the same 

electronically stored information in more than one form. 

(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person 

identifies as not reasonably accessible because of undue 

burden or cost. On motion to compel discovery or for a 

protective order, the person responding must show that 
71 FEDERAL RULES OF CIVIL PROCEDURE Rule 46 

the information is not reasonably accessible because of 

undue burden or cost. If that showing is made, the court 

may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions 

for the discovery. 

(2) Claiming Privilege or Protection. 

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or 

subject to protection as trial-preparation material must: 

(i) expressly make the claim; and 

(ii) describe the nature of the withheld documents, 

communications, or tangible things in a manner that, 

without revealing information itself privileged or protected, will enable the parties to assess the claim. 

(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or 

of protection as trial-preparation material, the person 

making the claim may notify any party that received the 

information of the claim and the basis for it. After being 

notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must 

not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may 

promptly present the information under seal to the court 

for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is 

resolved. 

(f) TRANSFERRING A SUBPOENA-RELATED MOTION. When the court 

where compliance is required did not issue the subpoena, it may 

transfer a motion under this rule to the issuing court if the person 

subject to the subpoena consents or if the court finds exceptional 

circumstances. Then, if the attorney for a person subject to a subpoena is authorized to practice in the court where the motion was 

made, the attorney may file papers and appear on the motion as 

an officer of the issuing court. To enforce its order, the issuing 

court may transfer the order to the court where the motion was 

made. 

(g) CONTEMPT. The court for the district where compliance is required—and also, after a motion is transferred, the issuing court— 

may hold in contempt a person who, having been served, fails 

without adequate excuse to obey the subpoena or an order related 

to it. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; 

Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 

30, 1991, eff. Dec. 1, 1991; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, 

eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 16, 2013, eff. Dec. 

1, 2013.) 

Rule 46. Objecting to a Ruling or Order 

A formal exception to a ruling or order is unnecessary. When the 

ruling or order is requested or made, a party need only state the 
Rule 47 FEDERAL RULES OF CIVIL PROCEDURE 72 

action that it wants the court to take or objects to, along with 

the grounds for the request or objection. Failing to object does 

not prejudice a party who had no opportunity to do so when the 

ruling or order was made. 

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 

1, 2007.) 

Rule 47. Selecting Jurors 

(a) EXAMINING JURORS. The court may permit the parties or 

their attorneys to examine prospective jurors or may itself do so. 

If the court examines the jurors, it must permit the parties or 

their attorneys to make any further inquiry it considers proper, 

or must itself ask any of their additional questions it considers 

proper. 

(b) PEREMPTORY CHALLENGES. The court must allow the number 

of peremptory challenges provided by 28 U.S.C. § 1870. 

(c) EXCUSING A JUROR. During trial or deliberation, the court 

may excuse a juror for good cause. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1991, eff. Dec. 

1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 48. Number of Jurors; Verdict; Polling 

(a) NUMBER OF JURORS. A jury must begin with at least 6 and no 

more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c). 

(b) VERDICT. Unless the parties stipulate otherwise, the verdict 

must be unanimous and must be returned by a jury of at least 6 

members. 

(c) POLLING. After a verdict is returned but before the jury is 

discharged, the court must on a party’s request, or may on its 

own, poll the jurors individually. If the poll reveals a lack of unanimity or lack of assent by the number of jurors that the parties 

stipulated to, the court may direct the jury to deliberate further 

or may order a new trial. 

(As amended Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 

1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 49. Special Verdict; General Verdict and Questions 

(a) SPECIAL VERDICT. 

(1) In General. The court may require a jury to return only 

a special verdict in the form of a special written finding on 

each issue of fact. The court may do so by: 

(A) submitting written questions susceptible of a categorical or other brief answer; 

(B) submitting written forms of the special findings that 

might properly be made under the pleadings and evidence; 

or 

(C) using any other method that the court considers appropriate. 

(2) Instructions. The court must give the instructions and explanations necessary to enable the jury to make its findings 

on each submitted issue. 

(3) Issues Not Submitted. A party waives the right to a jury 

trial on any issue of fact raised by the pleadings or evidence 
73 FEDERAL RULES OF CIVIL PROCEDURE Rule 50 

but not submitted to the jury unless, before the jury retires, 

the party demands its submission to the jury. If the party does 

not demand submission, the court may make a finding on the 

issue. If the court makes no finding, it is considered to have 

made a finding consistent with its judgment on the special 

verdict. 

(b) GENERAL VERDICT WITH ANSWERS TO WRITTEN QUESTIONS. 

(1) In General. The court may submit to the jury forms for 

a general verdict, together with written questions on one or 

more issues of fact that the jury must decide. The court must 

give the instructions and explanations necessary to enable the 

jury to render a general verdict and answer the questions in 

writing, and must direct the jury to do both. 

(2) Verdict and Answers Consistent. When the general verdict 

and the answers are consistent, the court must approve, for 

entry under Rule 58, an appropriate judgment on the verdict 

and answers. 

(3) Answers Inconsistent with the Verdict. When the answers 

are consistent with each other but one or more is inconsistent 

with the general verdict, the court may: 

(A) approve, for entry under Rule 58, an appropriate 

judgment according to the answers, notwithstanding the 

general verdict; 

(B) direct the jury to further consider its answers and 

verdict; or 

(C) order a new trial. 

(4) Answers Inconsistent with Each Other and the Verdict. When 

the answers are inconsistent with each other and one or more 

is also inconsistent with the general verdict, judgment must 

not be entered; instead, the court must direct the jury to further consider its answers and verdict, or must order a new 

trial. 

(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

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

(a) JUDGMENT AS A MATTER OF LAW. 

(1) In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury 

would not have a legally sufficient evidentiary basis to find 

for the party on that issue, the court may: 

(A) resolve the issue against the party; and 

(B) grant a motion for judgment as a matter of law 

against the party on a claim or defense that, under the 

controlling law, can be maintained or defeated only with 

a favorable finding on that issue. 

(2) Motion. A motion for judgment as a matter of law may be 

made at any time before the case is submitted to the jury. The 

motion must specify the judgment sought and the law and 

facts that entitle the movant to the judgment. 

(b) RENEWING THE MOTION AFTER TRIAL; ALTERNATIVE MOTION

FOR A NEW TRIAL. If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the 
Rule 51 FEDERAL RULES OF CIVIL PROCEDURE 74 

court’s later deciding the legal questions raised by the motion. No 

later than 28 days after the entry of judgment—or if the motion 

addresses a jury issue not decided by a verdict, no later than 28 

days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an 

alternative or joint request for a new trial under Rule 59. In ruling 

on the renewed motion, the court may: 

(1) allow judgment on the verdict, if the jury returned a verdict; 

(2) order a new trial; or 

(3) direct the entry of judgment as a matter of law. 

(c) GRANTING THE RENEWED MOTION; CONDITIONAL RULING ON A

MOTION FOR A NEW TRIAL. 

(1) In General. If the court grants a renewed motion for judgment as a matter of law, it must also conditionally rule on 

any motion for a new trial by determining whether a new trial 

should be granted if the judgment is later vacated or reversed. 

The court must state the grounds for conditionally granting 

or denying the motion for a new trial. 

(2) Effect of a Conditional Ruling. Conditionally granting the 

motion for a new trial does not affect the judgment’s finality; 

if the judgment is reversed, the new trial must proceed unless 

the appellate court orders otherwise. If the motion for a new 

trial is conditionally denied, the appellee may assert error in 

that denial; if the judgment is reversed, the case must proceed 

as the appellate court orders. 

(d) TIME FOR A LOSING PARTY’S NEW-TRIAL MOTION. Any motion 

for a new trial under Rule 59 by a party against whom judgment 

as a matter of law is rendered must be filed no later than 28 days 

after the entry of the judgment. 

(e) DENYING THE MOTION FOR JUDGMENT AS A MATTER OF LAW; 

REVERSAL ON APPEAL. If the court denies the motion for judgment 

as a matter of law, the prevailing party may, as appellee, assert 

grounds entitling it to a new trial should the appellate court conclude that the trial court erred in denying the motion. If the appellate court reverses the judgment, it may order a new trial, direct the trial court to determine whether a new trial should be 

granted, or direct the entry of judgment. 

(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; 

Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 

30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 

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

of Error 

(a) REQUESTS. 

(1) Before or at the Close of the Evidence. At the close of the 

evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written 

requests for the jury instructions it wants the court to give. 

(2) After the Close of the Evidence. After the close of the evidence, a party may: 

(A) file requests for instructions on issues that could not 

reasonably have been anticipated by an earlier time that 

the court set for requests; and 
75 FEDERAL RULES OF CIVIL PROCEDURE Rule 52 

(B) with the court’s permission, file untimely requests 

for instructions on any issue. 

(b) INSTRUCTIONS. The court: 

(1) must inform the parties of its proposed instructions and 

proposed action on the requests before instructing the jury 

and before final jury arguments; 

(2) must give the parties an opportunity to object on the 

record and out of the jury’s hearing before the instructions 

and arguments are delivered; and 

(3) may instruct the jury at any time before the jury is discharged. 

(c) OBJECTIONS. 

(1) How to Make. A party who objects to an instruction or the 

failure to give an instruction must do so on the record, stating 

distinctly the matter objected to and the grounds for the objection. 

(2) When to Make. An objection is timely if: 

(A) a party objects at the opportunity provided under 

Rule 51(b)(2); or 

(B) a party was not informed of an instruction or action 

on a request before that opportunity to object, and the 

party objects promptly after learning that the instruction 

or request will be, or has been, given or refused. 

(d) ASSIGNING ERROR; PLAIN ERROR. 

(1) Assigning Error. A party may assign as error: 

(A) an error in an instruction actually given, if that 

party properly objected; or 

(B) a failure to give an instruction, if that party properly 

requested it and—unless the court rejected the request in 

a definitive ruling on the record—also properly objected. 

(2) Plain Error. A court may consider a plain error in the instructions that has not been preserved as required by Rule 

51(d)(1) if the error affects substantial rights. 

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Mar. 27, 2003, eff. Dec. 

1, 2003; Apr. 30, 2007, eff. Dec. 1, 2007.) 

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

(a) FINDINGS AND CONCLUSIONS. 

(1) In General. In an action tried on the facts without a jury 

or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings 

and conclusions may be stated on the record after the close of 

the evidence or may appear in an opinion or a memorandum 

of decision filed by the court. Judgment must be entered under 

Rule 58. 

(2) For an Interlocutory Injunction. In granting or refusing an 

interlocutory injunction, the court must similarly state the 

findings and conclusions that support its action. 

(3) For a Motion. The court is not required to state findings 

or conclusions when ruling on a motion under Rule 12 or 56 or, 

unless these rules provide otherwise, on any other motion. 

(4) Effect of a Master’s Findings. A master’s findings, to the 

extent adopted by the court, must be considered the court’s 

findings. 
Rule 53 FEDERAL RULES OF CIVIL PROCEDURE 76 

(5) Questioning the Evidentiary Support. A party may later 

question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to 

them, moved to amend them, or moved for partial findings. 

(6) Setting Aside the Findings. Findings of fact, whether based 

on oral or other evidence, must not be set aside unless clearly 

erroneous, and the reviewing court must give due regard to 

the trial court’s opportunity to judge the witnesses’ credibility. 

(b) AMENDED OR ADDITIONAL FINDINGS. On a party’s motion filed 

no later than 28 days after the entry of judgment, the court may 

amend its findings—or make additional findings—and may amend 

the judgment accordingly. The motion may accompany a motion 

for a new trial under Rule 59. 

(c) JUDGMENT ON PARTIAL FINDINGS. If a party has been fully 

heard on an issue during a nonjury trial and the court finds 

against the party on that issue, the court may enter judgment 

against the party on a claim or defense that, under the controlling 

law, can be maintained or defeated only with a favorable finding 

on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law 

as required by Rule 52(a). 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 1985; 

Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 

27, 1995, eff. Dec. 1, 1995; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, 

eff. Dec. 1, 2009.) 

Rule 53. Masters 

(a) APPOINTMENT. 

(1) Scope. Unless a statute provides otherwise, a court may 

appoint a master only to: 

(A) perform duties consented to by the parties; 

(B) hold trial proceedings and make or recommend findings of fact on issues to be decided without a jury if appointment is warranted by: 

(i) some exceptional condition; or 

(ii) the need to perform an accounting or resolve a 

difficult computation of damages; or 

(C) address pretrial and posttrial matters that cannot be 

effectively and timely addressed by an available district 

judge or magistrate judge of the district. 

(2) Disqualification. A master must not have a relationship to 

the parties, attorneys, action, or court that would require disqualification of a judge under 28 U.S.C. § 455, unless the parties, with the court’s approval, consent to the appointment 

after the master discloses any potential grounds for disqualification. 

(3) Possible Expense or Delay. In appointing a master, the 

court must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable 

expense or delay. 

(b) ORDER APPOINTING A MASTER. 
77 FEDERAL RULES OF CIVIL PROCEDURE Rule 53 

(1) Notice. Before appointing a master, the court must give 

the parties notice and an opportunity to be heard. Any party 

may suggest candidates for appointment. 

(2) Contents. The appointing order must direct the master to 

proceed with all reasonable diligence and must state: 

(A) the master’s duties, including any investigation or 

enforcement duties, and any limits on the master’s authority under Rule 53(c); 

(B) the circumstances, if any, in which the master may 

communicate ex parte with the court or a party; 

(C) the nature of the materials to be preserved and filed 

as the record of the master’s activities; 

(D) the time limits, method of filing the record, other 

procedures, and standards for reviewing the master’s orders, findings, and recommendations; and 

(E) the basis, terms, and procedure for fixing the master’s compensation under Rule 53(g). 

(3) Issuing. The court may issue the order only after: 

(A) the master files an affidavit disclosing whether there 

is any ground for disqualification under 28 U.S.C. § 455; and 

(B) if a ground is disclosed, the parties, with the court’s 

approval, waive the disqualification. 

(4) Amending. The order may be amended at any time after 

notice to the parties and an opportunity to be heard. 

(c) MASTER’S AUTHORITY. 

(1) In General. Unless the appointing order directs otherwise, 

a master may: 

(A) regulate all proceedings; 

(B) take all appropriate measures to perform the assigned duties fairly and efficiently; and 

(C) if conducting an evidentiary hearing, exercise the appointing court’s power to compel, take, and record evidence. 

(2) Sanctions. The master may by order impose on a party 

any noncontempt sanction provided by Rule 37 or 45, and may 

recommend a contempt sanction against a party and sanctions 

against a nonparty. 

(d) MASTER’S ORDERS. A master who issues an order must file it 

and promptly serve a copy on each party. The clerk must enter 

the order on the docket. 

(e) MASTER’S REPORTS. A master must report to the court as required by the appointing order. The master must file the report 

and promptly serve a copy on each party, unless the court orders 

otherwise. 

(f) ACTION ON THE MASTER’S ORDER, REPORT, OR RECOMMENDATIONS. 

(1) Opportunity for a Hearing; Action in General. In acting on 

a master’s order, report, or recommendations, the court must 

give the parties notice and an opportunity to be heard; may 

receive evidence; and may adopt or affirm, modify, wholly or 

partly reject or reverse, or resubmit to the master with instructions. 

(2) Time to Object or Move to Adopt or Modify. A party may file 

objections to—or a motion to adopt or modify—the master’s 

order, report, or recommendations no later than 21 days after 

a copy is served, unless the court sets a different time. 
Rule 54 FEDERAL RULES OF CIVIL PROCEDURE 78 

(3) Reviewing Factual Findings. The court must decide de 

novo all objections to findings of fact made or recommended 

by a master, unless the parties, with the court’s approval, 

stipulate that: 

(A) the findings will be reviewed for clear error; or 

(B) the findings of a master appointed under Rule 

53(a)(1)(A) or (C) will be final. 

(4) Reviewing Legal Conclusions. The court must decide de 

novo all objections to conclusions of law made or recommended by a master. 

(5) Reviewing Procedural Matters. Unless the appointing order 

establishes a different standard of review, the court may set 

aside a master’s ruling on a procedural matter only for an 

abuse of discretion. 

(g) COMPENSATION. 

(1) Fixing Compensation. Before or after judgment, the court 

must fix the master’s compensation on the basis and terms 

stated in the appointing order, but the court may set a new 

basis and terms after giving notice and an opportunity to be 

heard. 

(2) Payment. The compensation must be paid either: 

(A) by a party or parties; or 

(B) from a fund or subject matter of the action within 

the court’s control. 

(3) Allocating Payment. The court must allocate payment 

among the parties after considering the nature and amount of 

the controversy, the parties’ means, and the extent to which 

any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to 

reflect a decision on the merits. 

(h) APPOINTING A MAGISTRATE JUDGE. A magistrate judge is subject to this rule only when the order referring a matter to the 

magistrate judge states that the reference is made under this rule. 

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 28, 1983, eff. Aug. 

1, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; 

Apr. 22, 1993, eff. Dec. 1, 1993; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 

30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 

TITLE VII. JUDGMENT 

Rule 54. Judgment; Costs 

(a) DEFINITION; FORM. ‘‘Judgment’’ as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master’s report, 

or a record of prior proceedings. 

(b) JUDGMENT ON MULTIPLE CLAIMS OR INVOLVING MULTIPLE PARTIES. When an action presents more than one claim for relief— 

whether as a claim, counterclaim, crossclaim, or third-party 

claim—or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than 

all, claims or parties only if the court expressly determines that 

there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the 

claims or the rights and liabilities of fewer than all the parties 
79 FEDERAL RULES OF CIVIL PROCEDURE Rule 54 

does not end the action as to any of the claims or parties and may 

be revised at any time before the entry of a judgment adjudicating 

all the claims and all the parties’ rights and liabilities. 

(c) DEMAND FOR JUDGMENT; RELIEF TO BE GRANTED. A default 

judgment must not differ in kind from, or exceed in amount, what 

is demanded in the pleadings. Every other final judgment should 

grant the relief to which each party is entitled, even if the party 

has not demanded that relief in its pleadings. 

(d) COSTS; ATTORNEY’S FEES. 

(1) Costs Other Than Attorney’s Fees. Unless a federal statute, 

these rules, or a court order provides otherwise, costs—other 

than attorney’s fees—should be allowed to the prevailing 

party. But costs against the United States, its officers, and its 

agencies may be imposed only to the extent allowed by law. 

The clerk may tax costs on 14 days’ notice. On motion served 

within the next 7 days, the court may review the clerk’s action. 

(2) Attorney’s Fees. 

(A) Claim to Be by Motion. A claim for attorney’s fees and 

related nontaxable expenses must be made by motion unless the substantive law requires those fees to be proved at 

trial as an element of damages. 

(B) Timing and Contents of the Motion. Unless a statute or 

a court order provides otherwise, the motion must: 

(i) be filed no later than 14 days after the entry of 

judgment; 

(ii) specify the judgment and the statute, rule, or 

other grounds entitling the movant to the award; 

(iii) state the amount sought or provide a fair estimate of it; and 

(iv) disclose, if the court so orders, the terms of any 

agreement about fees for the services for which the 

claim is made. 

(C) Proceedings. Subject to Rule 23(h), the court must, on 

a party’s request, give an opportunity for adversary submissions on the motion in accordance with Rule 43(c) or 78. 

The court may decide issues of liability for fees before receiving submissions on the value of services. The court 

must find the facts and state its conclusions of law as provided in Rule 52(a). 

(D) Special Procedures by Local Rule; Reference to a Master 

or a Magistrate Judge. By local rule, the court may establish special procedures to resolve fee-related issues without extensive evidentiary hearings. Also, the court may 

refer issues concerning the value of services to a special 

master under Rule 53 without regard to the limitations of 

Rule 53(a)(1), and may refer a motion for attorney’s fees to 

a magistrate judge under Rule 72(b) as if it were a dispositive pretrial matter. 

(E) Exceptions. Subparagraphs (A)–(D) do not apply to 

claims for fees and expenses as sanctions for violating 

these rules or as sanctions under 28 U.S.C. § 1927. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 17, 1961, eff. July 

19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; 
Rule 55 FEDERAL RULES OF CIVIL PROCEDURE 80 

Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 

30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 55. Default; Default Judgment 

(a) ENTERING A DEFAULT. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, 

the clerk must enter the party’s default. 

(b) ENTERING A DEFAULT JUDGMENT. 

(1) By the Clerk. If the plaintiff’s claim is for a sum certain 

or a sum that can be made certain by computation, the clerk— 

on the plaintiff’s request, with an affidavit showing the 

amount due—must enter judgment for that amount and costs 

against a defendant who has been defaulted for not appearing 

and who is neither a minor nor an incompetent person. 

(2) By the Court. In all other cases, the party must apply to 

the court for a default judgment. A default judgment may be 

entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default 

judgment is sought has appeared personally or by a representative, that party or its representative must be served with 

written notice of the application at least 7 days before the 

hearing. The court may conduct hearings or make referrals— 

preserving any federal statutory right to a jury trial—when, 

to enter or effectuate judgment, it needs to: 

(A) conduct an accounting; 

(B) determine the amount of damages; 

(C) establish the truth of any allegation by evidence; or 

(D) investigate any other matter. 

(c) SETTING ASIDE A DEFAULT OR A DEFAULT JUDGMENT. The 

court may set aside an entry of default for good cause, and it may 

set aside a final default judgment under Rule 60(b). 

(d) JUDGMENT AGAINST THE UNITED STATES. A default judgment 

may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by 

evidence that satisfies the court. 

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 

1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 29, 2015, eff. Dec. 1, 2015.) 

Rule 56. Summary Judgment 

(a) MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT. A party may move for summary judgment, identifying each 

claim or defense—or the part of each claim or defense—on which 

summary judgment is sought. The court shall grant summary 

judgment if the movant shows that there is no genuine dispute as 

to any material fact and the movant is entitled to judgment as a 

matter of law. The court should state on the record the reasons 

for granting or denying the motion. 

(b) TIME TO FILE A MOTION. Unless a different time is set by local 

rule or the court orders otherwise, a party may file a motion for 

summary judgment at any time until 30 days after the close of all 

discovery. 

(c) PROCEDURES. 
81 FEDERAL RULES OF CIVIL PROCEDURE Rule 56 

(1) Supporting Factual Positions. A party asserting that a fact 

cannot be or is genuinely disputed must support the assertion 

by: 

(A) citing to particular parts of materials in the record, 

including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or 

(B) showing that the materials cited do not establish the 

absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support 

the fact. 

(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support 

or dispute a fact cannot be presented in a form that would be 

admissible in evidence. 

(3) Materials Not Cited. The court need consider only the cited 

materials, but it may consider other materials in the record. 

(4) Affidavits or Declarations. An affidavit or declaration used 

to support or oppose a motion must be made on personal 

knowledge, set out facts that would be admissible in evidence, 

and show that the affiant or declarant is competent to testify 

on the matters stated. 

(d) WHEN FACTS ARE UNAVAILABLE TO THE NONMOVANT. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the 

court may: 

(1) defer considering the motion or deny it; 

(2) allow time to obtain affidavits or declarations or to take 

discovery; or 

(3) issue any other appropriate order. 

(e) FAILING TO PROPERLY SUPPORT OR ADDRESS A FACT. If a party 

fails to properly support an assertion of fact or fails to properly 

address another party’s assertion of fact as required by Rule 56(c), 

the court may: 

(1) give an opportunity to properly support or address the 

fact; 

(2) consider the fact undisputed for purposes of the motion; 

(3) grant summary judgment if the motion and supporting 

materials—including the facts considered undisputed—show 

that the movant is entitled to it; or 

(4) issue any other appropriate order. 

(f) JUDGMENT INDEPENDENT OF THE MOTION. After giving notice 

and a reasonable time to respond, the court may: 

(1) grant summary judgment for a nonmovant; 

(2) grant the motion on grounds not raised by a party; or 

(3) consider summary judgment on its own after identifying 

for the parties material facts that may not be genuinely in 

dispute. 

(g) FAILING TO GRANT ALL THE REQUESTED RELIEF. If the court 

does not grant all the relief requested by the motion, it may enter 

an order stating any material fact—including an item of damages 

or other relief—that is not genuinely in dispute and treating the 

fact as established in the case. 

(h) AFFIDAVIT OR DECLARATION SUBMITTED IN BAD FAITH. If satisfied that an affidavit or declaration under this rule is submitted 
Rule 57 FEDERAL RULES OF CIVIL PROCEDURE 82 

in bad faith or solely for delay, the court—after notice and a reasonable time to respond—may order the submitting party to pay 

the other party the reasonable expenses, including attorney’s fees, 

it incurred as a result. An offending party or attorney may also 

be held in contempt or subjected to other appropriate sanctions. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; 

Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010.) 

Rule 57. Declaratory Judgment 

These rules govern the procedure for obtaining a declaratory 

judgment under 28 U.S.C. § 2201. Rules 38 and 39 govern a demand 

for a jury trial. The existence of another adequate remedy does 

not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratoryjudgment action. 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 2007, eff. Dec. 

1, 2007.) 

Rule 58. Entering Judgment 

(a) SEPARATE DOCUMENT. Every judgment and amended judgment must be set out in a separate document, but a separate document is not required for an order disposing of a motion: 

(1) for judgment under Rule 50(b); 

(2) to amend or make additional findings under Rule 52(b); 

(3) for attorney’s fees under Rule 54; 

(4) for a new trial, or to alter or amend the judgment, under 

Rule 59; or 

(5) for relief under Rule 60. 

(b) ENTERING JUDGMENT. 

(1) Without the Court’s Direction. Subject to Rule 54(b) and unless the court orders otherwise, the clerk must, without awaiting the court’s direction, promptly prepare, sign, and enter 

the judgment when: 

(A) the jury returns a general verdict; 

(B) the court awards only costs or a sum certain; or 

(C) the court denies all relief. 

(2) Court’s Approval Required. Subject to Rule 54(b), the court 

must promptly approve the form of the judgment, which the 

clerk must promptly enter, when: 

(A) the jury returns a special verdict or a general verdict 

with answers to written questions; or 

(B) the court grants other relief not described in this 

subdivision (b). 

(c) TIME OF ENTRY. For purposes of these rules, judgment is entered at the following times: 

(1) if a separate document is not required, when the judgment is entered in the civil docket under Rule 79(a); or 

(2) if a separate document is required, when the judgment is 

entered in the civil docket under Rule 79(a) and the earlier of 

these events occurs: 

(A) it is set out in a separate document; or 

(B) 150 days have run from the entry in the civil docket. 

(d) REQUEST FOR ENTRY. A party may request that judgment be 

set out in a separate document as required by Rule 58(a). 
83 FEDERAL RULES OF CIVIL PROCEDURE Rule 60 

(e) COST OR FEE AWARDS. Ordinarily, the entry of judgment may 

not be delayed, nor the time for appeal extended, in order to tax 

costs or award fees. But if a timely motion for attorney’s fees is 

made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become effective to order that the motion 

have the same effect under Federal Rule of Appellate Procedure 

4(a)(4) as a timely motion under Rule 59. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; 

Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 59. New Trial; Altering or Amending a Judgment 

(a) IN GENERAL. 

(1) Grounds for New Trial. The court may, on motion, grant 

a new trial on all or some of the issues—and to any party—as 

follows: 

(A) after a jury trial, for any reason for which a new 

trial has heretofore been granted in an action at law in 

federal court; or 

(B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in 

federal court. 

(2) Further Action After a Nonjury Trial. After a nonjury trial, 

the court may, on motion for a new trial, open the judgment 

if one has been entered, take additional testimony, amend 

findings of fact and conclusions of law or make new ones, and 

direct the entry of a new judgment. 

(b) TIME TO FILE A MOTION FOR A NEW TRIAL. A motion for a new 

trial must be filed no later than 28 days after the entry of judgment. 

(c) TIME TO SERVE AFFIDAVITS. When a motion for a new trial is 

based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court may permit reply affidavits. 

(d) NEW TRIAL ON THE COURT’S INITIATIVE OR FOR REASONS NOT

IN THE MOTION. No later than 28 days after the entry of judgment, 

the court, on its own, may order a new trial for any reason that 

would justify granting one on a party’s motion. After giving the 

parties notice and an opportunity to be heard, the court may 

grant a timely motion for a new trial for a reason not stated in 

the motion. In either event, the court must specify the reasons in 

its order. 

(e) MOTION TO ALTER OR AMEND A JUDGMENT. A motion to alter 

or amend a judgment must be filed no later than 28 days after the 

entry of the judgment. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 

1, 1966; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 30, 2007, eff. Dec. 1, 2007; 

Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 60. Relief from a Judgment or Order 

(a) CORRECTIONS BASED ON CLERICAL MISTAKES; OVERSIGHTS AND

OMISSIONS. The court may correct a clerical mistake or a mistake 

arising from oversight or omission whenever one is found in a 

judgment, order, or other part of the record. The court may do so 
Rule 61 FEDERAL RULES OF CIVIL PROCEDURE 84 

on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate 

court’s leave. 

(b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, ORDER, OR

PROCEEDING. On motion and just terms, the court may relieve a 

party or its legal representative from a final judgment, order, or 

proceeding for the following reasons: 

(1) mistake, inadvertence, surprise, or excusable neglect; 

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a 

new trial under Rule 59(b); 

(3) fraud (whether previously called intrinsic or extrinsic), 

misrepresentation, or misconduct by an opposing party; 

(4) the judgment is void; 

(5) the judgment has been satisfied, released, or discharged; 

it is based on an earlier judgment that has been reversed or 

vacated; or applying it prospectively is no longer equitable; or 

(6) any other reason that justifies relief. 

(c) TIMING AND EFFECT OF THE MOTION. 

(1) Timing. A motion under Rule 60(b) must be made within 

a reasonable time—and for reasons (1), (2), and (3) no more 

than a year after the entry of the judgment or order or the 

date of the proceeding. 

(2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation. 

(d) OTHER POWERS TO GRANT RELIEF. This rule does not limit a 

court’s power to: 

(1) entertain an independent action to relieve a party from 

a judgment, order, or proceeding; 

(2) grant relief under 28 U.S.C. § 1655 to a defendant who was 

not personally notified of the action; or 

(3) set aside a judgment for fraud on the court. 

(e) BILLS AND WRITS ABOLISHED. The following are abolished: 

bills of review, bills in the nature of bills of review, and writs of 

coram nobis, coram vobis, and audita querela. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 61. Harmless Error 

Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is 

ground for granting a new trial, for setting aside a verdict, or for 

vacating, modifying, or otherwise disturbing a judgment or order. 

At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party’s substantial rights. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 62. Stay of Proceedings to Enforce a Judgment 

(a) AUTOMATIC STAY. Except as provided in Rule 62(c) and (d), 

execution on a judgment and proceedings to enforce it are stayed 

for 30 days after its entry, unless the court orders otherwise. 

(b) STAY BY BOND OR OTHER SECURITY. At any time after judgment is entered, a party may obtain a stay by providing a bond 
85 FEDERAL RULES OF CIVIL PROCEDURE Rule 62.1 

or other security. The stay takes effect when the court approves 

the bond or other security and remains in effect for the time specified in the bond or other security. 

(c) STAY OF AN INJUNCTION, RECEIVERSHIP, OR PATENT ACCOUNTING ORDER. Unless the court orders otherwise, the following are 

not stayed after being entered, even if an appeal is taken: 

(1) an interlocutory or final judgment in an action for an injunction or receivership; or 

(2) a judgment or order that directs an accounting in an action for patent infringement. 

(d) INJUNCTION PENDING AN APPEAL. While an appeal is pending 

from an interlocutory order or final judgment that grants, continues, modifies, refuses, dissolves, or refuses to dissolve or modify an injunction, the court may suspend, modify, restore, or grant 

an injunction on terms for bond or other terms that secure the opposing party’s rights. If the judgment appealed from is rendered 

by a statutory three-judge district court, the order must be made 

either: 

(1) by that court sitting in open session; or 

(2) by the assent of all its judges, as evidenced by their signatures. 

(e) STAY WITHOUT BOND ON AN APPEAL BY THE UNITED STATES, 

ITS OFFICERS, OR ITS AGENCIES. The court must not require a bond, 

obligation, or other security from the appellant when granting a 

stay on an appeal by the United States, its officers, or its agencies 

or on an appeal directed by a department of the federal government. 

(f) STAY IN FAVOR OF A JUDGMENT DEBTOR UNDER STATE LAW. If 

a judgment is a lien on the judgment debtor’s property under the 

law of the state where the court is located, the judgment debtor 

is entitled to the same stay of execution the state court would 

give. 

(g) APPELLATE COURT’S POWER NOT LIMITED. This rule does not 

limit the power of the appellate court or one of its judges or justices: 

(1) to stay proceedings—or suspend, modify, restore, or grant 

an injunction—while an appeal is pending; or 

(2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered. 

(h) STAY WITH MULTIPLE CLAIMS OR PARTIES. A court may stay 

the enforcement of a final judgment entered under Rule 54(b) until 

it enters a later judgment or judgments, and may prescribe terms 

necessary to secure the benefit of the stayed judgment for the 

party in whose favor it was entered. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 

26, 2018, eff. Dec. 1, 2018.) 

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

by a Pending Appeal 

(a) RELIEF PENDING APPEAL. If a timely motion is made for relief 

that the court lacks authority to grant because of an appeal that 

has been docketed and is pending, the court may: 
Rule 63 FEDERAL RULES OF CIVIL PROCEDURE 86 

(1) defer considering the motion; 

(2) deny the motion; or 

(3) state either that it would grant the motion if the court 

of appeals remands for that purpose or that the motion raises 

a substantial issue. 

(b) NOTICE TO THE COURT OF APPEALS. The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion or that the motion raises a substantial issue. 

(c) REMAND. The district court may decide the motion if the 

court of appeals remands for that purpose. 

(As added Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 63. Judge’s Inability to Proceed 

If a judge conducting a hearing or trial is unable to proceed, any 

other judge may proceed upon certifying familiarity with the 

record and determining that the case may be completed without 

prejudice to the parties. In a hearing or a nonjury trial, the successor judge must, at a party’s request, recall any witness whose 

testimony is material and disputed and who is available to testify 

again without undue burden. The successor judge may also recall 

any other witness. 

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 

1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.) 

TITLE VIII. PROVISIONAL AND FINAL REMEDIES 

Rule 64. Seizing a Person or Property 

(a) REMEDIES UNDER STATE LAW—IN GENERAL. At the commencement of and throughout an action, every remedy is available that, 

under the law of the state where the court is located, provides for 

seizing a person or property to secure satisfaction of the potential 

judgment. But a federal statute governs to the extent it applies. 

(b) SPECIFIC KINDS OF REMEDIES. The remedies available under 

this rule include the following—however designated and regardless 

of whether state procedure requires an independent action: 

• arrest; 

• attachment; 

• garnishment; 

• replevin; 

• sequestration; and 

• other corresponding or equivalent remedies. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 65. Injunctions and Restraining Orders 

(a) PRELIMINARY INJUNCTION. 

(1) Notice. The court may issue a preliminary injunction only 

on notice to the adverse party. 

(2) Consolidating the Hearing with the Trial on the Merits. Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits 

and consolidate it with the hearing. Even when consolidation 

is not ordered, evidence that is received on the motion and 
87 FEDERAL RULES OF CIVIL PROCEDURE Rule 65 

that would be admissible at trial becomes part of the trial 

record and need not be repeated at trial. But the court must 

preserve any party’s right to a jury trial. 

(b) TEMPORARY RESTRAINING ORDER. 

(1) Issuing Without Notice. The court may issue a temporary 

restraining order without written or oral notice to the adverse 

party or its attorney only if: 

(A) specific facts in an affidavit or a verified complaint 

clearly show that immediate and irreparable injury, loss, 

or damage will result to the movant before the adverse 

party can be heard in opposition; and 

(B) the movant’s attorney certifies in writing any efforts 

made to give notice and the reasons why it should not be 

required. 

(2) Contents; Expiration. Every temporary restraining order 

issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state 

why the order was issued without notice; and be promptly filed 

in the clerk’s office and entered in the record. The order expires at the time after entry—not to exceed 14 days—that the 

court sets, unless before that time the court, for good cause, 

extends it for a like period or the adverse party consents to a 

longer extension. The reasons for an extension must be entered in the record. 

(3) Expediting the Preliminary-Injunction Hearing. If the order 

is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older 

matters of the same character. At the hearing, the party who 

obtained the order must proceed with the motion; if the party 

does not, the court must dissolve the order. 

(4) Motion to Dissolve. On 2 days’ notice to the party who obtained the order without notice—or on shorter notice set by 

the court—the adverse party may appear and move to dissolve 

or modify the order. The court must then hear and decide the 

motion as promptly as justice requires. 

(c) SECURITY. The court may issue a preliminary injunction or 

a temporary restraining order only if the movant gives security in 

an amount that the court considers proper to pay the costs and 

damages sustained by any party found to have been wrongfully enjoined or restrained. The United States, its officers, and its agencies are not required to give security. 

(d) CONTENTS AND SCOPE OF EVERY INJUNCTION AND RESTRAINING

ORDER. 

(1) Contents. Every order granting an injunction and every 

restraining order must: 

(A) state the reasons why it issued; 

(B) state its terms specifically; and 

(C) describe in reasonable detail—and not by referring to 

the complaint or other document—the act or acts restrained or required. 

(2) Persons Bound. The order binds only the following who receive actual notice of it by personal service or otherwise: 

(A) the parties; 

(B) the parties’ officers, agents, servants, employees, and 

attorneys; and 
Rule 65.1 FEDERAL RULES OF CIVIL PROCEDURE 88 

(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). 

(e) OTHER LAWS NOT MODIFIED. These rules do not modify the 

following: 

(1) any federal statute relating to temporary restraining orders or preliminary injunctions in actions affecting employer 

and employee; 

(2) 28 U.S.C. § 2361, which relates to preliminary injunctions 

in actions of interpleader or in the nature of interpleader; or 

(3) 28 U.S.C. § 2284, which relates to actions that must be 

heard and decided by a three-judge district court. 

(f) COPYRIGHT IMPOUNDMENT. This rule applies to copyright-impoundment proceedings. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 

26, 2009, eff. Dec. 1, 2009.) 

Rule 65.1. Proceedings Against a Security Provider 

Whenever these rules (including the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions) require 

or allow a party to give security, and security is given with one 

or more security providers, each provider submits to the court’s 

jurisdiction and irrevocably appoints the court clerk as its agent 

for receiving service of any papers that affect its liability on the 

security. The security provider’s liability may be enforced on motion without an independent action. The motion and any notice 

that the court orders may be served on the court clerk, who must 

promptly send a copy of each to every security provider whose address is known. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 2, 1987, eff. 

Aug. 1, 1987; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 

1, 2007; Apr. 26, 2018, eff. Dec. 1, 2018.) 

Rule 66. Receivers 

These rules govern an action in which the appointment of a receiver is sought or a receiver sues or is sued. But the practice in 

administering an estate by a receiver or a similar court-appointed 

officer must accord with the historical practice in federal courts 

or with a local rule. An action in which a receiver has been appointed may be dismissed only by court order. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 67. Deposit into Court 

(a) DEPOSITING PROPERTY. If any part of the relief sought is a 

money judgment or the disposition of a sum of money or some 

other deliverable thing, a party—on notice to every other party 

and by leave of court—may deposit with the court all or part of 

the money or thing, whether or not that party claims any of it. 

The depositing party must deliver to the clerk a copy of the order 

permitting deposit. 

(b) INVESTING AND WITHDRAWING FUNDS. Money paid into court 

under this rule must be deposited and withdrawn in accordance 
89 FEDERAL RULES OF CIVIL PROCEDURE Rule 69 

1 Now editorially reclassified 2 U.S.C. 5503. 

with 28 U.S.C. §§ 2041 and 2042 and any like statute. The money 

must be deposited in an interest-bearing account or invested in a 

court-approved, interest-bearing instrument. 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 28, 1983, eff. Aug. 

1, 1983; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 68. Offer of Judgment 

(a) MAKING AN OFFER; JUDGMENT ON AN ACCEPTED OFFER. At 

least 14 days before the date set for trial, a party defending 

against a claim may serve on an opposing party an offer to allow 

judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and 

notice of acceptance, plus proof of service. The clerk must then 

enter judgment. 

(b) UNACCEPTED OFFER. An unaccepted offer is considered withdrawn, but it does not preclude a later offer. Evidence of an 

unaccepted offer is not admissible except in a proceeding to determine costs. 

(c) OFFER AFTER LIABILITY IS DETERMINED. When one party’s liability to another has been determined but the extent of liability 

remains to be determined by further proceedings, the party held 

liable may make an offer of judgment. It must be served within 

a reasonable time—but at least 14 days—before the date set for a 

hearing to determine the extent of liability. 

(d) PAYING COSTS AFTER AN UNACCEPTED OFFER. If the judgment 

that the offeree finally obtains is not more favorable than the 

unaccepted offer, the offeree must pay the costs incurred after the 

offer was made. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 

1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; 

Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 69. Execution 

(a) IN GENERAL. 

(1) Money Judgment; Applicable Procedure. A money judgment 

is enforced by a writ of execution, unless the court directs 

otherwise. The procedure on execution—and in proceedings 

supplementary to and in aid of judgment or execution—must 

accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies. 

(2) Obtaining Discovery. In aid of the judgment or execution, 

the judgment creditor or a successor in interest whose interest 

appears of record may obtain discovery from any person—including the judgment debtor—as provided in these rules or by 

the procedure of the state where the court is located. 

(b) AGAINST CERTAIN PUBLIC OFFICERS. When a judgment has 

been entered against a revenue officer in the circumstances stated 

in 28 U.S.C. § 2006, or against an officer of Congress in the circumstances stated in 2 U.S.C. § 118,1 the judgment must be satisfied as 

those statutes provide. 
Rule 70 FEDERAL RULES OF CIVIL PROCEDURE 90 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 

1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 70. Enforcing a Judgment for a Specific Act 

(a) PARTY’S FAILURE TO ACT; ORDERING ANOTHER TO ACT. If a 

judgment requires a party to convey land, to deliver a deed or 

other document, or to perform any other specific act and the 

party fails to comply within the time specified, the court may 

order the act to be done—at the disobedient party’s expense—by 

another person appointed by the court. When done, the act has the 

same effect as if done by the party. 

(b) VESTING TITLE. If the real or personal property is within the 

district, the court—instead of ordering a conveyance—may enter 

a judgment divesting any party’s title and vesting it in others. 

That judgment has the effect of a legally executed conveyance. 

(c) OBTAINING A WRIT OF ATTACHMENT OR SEQUESTRATION. On application by a party entitled to performance of an act, the clerk 

must issue a writ of attachment or sequestration against the disobedient party’s property to compel obedience. 

(d) OBTAINING A WRIT OF EXECUTION OR ASSISTANCE. On application by a party who obtains a judgment or order for possession, 

the clerk must issue a writ of execution or assistance. 

(e) HOLDING IN CONTEMPT. The court may also hold the disobedient party in contempt. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 71. Enforcing Relief For or Against a Nonparty 

When an order grants relief for a nonparty or may be enforced 

against a nonparty, the procedure for enforcing the order is the 

same as for a party. 

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 

1, 2007.) 

TITLE IX. SPECIAL PROCEEDINGS 

Rule 71.1. Condemning Real or Personal Property 

(a) APPLICABILITY OF OTHER RULES. These rules govern proceedings to condemn real and personal property by eminent domain, 

except as this rule provides otherwise. 

(b) JOINDER OF PROPERTIES. The plaintiff may join separate 

pieces of property in a single action, no matter whether they are 

owned by the same persons or sought for the same use. 

(c) COMPLAINT. 

(1) Caption. The complaint must contain a caption as provided in Rule 10(a). The plaintiff must, however, name as defendants both the property—designated generally by kind, 

quantity, and location—and at least one owner of some part of 

or interest in the property. 

(2) Contents. The complaint must contain a short and plain 

statement of the following: 

(A) the authority for the taking; 

(B) the uses for which the property is to be taken; 

(C) a description sufficient to identify the property; 

(D) the interests to be acquired; and 
91 FEDERAL RULES OF CIVIL PROCEDURE Rule 71.1 

(E) for each piece of property, a designation of each defendant who has been joined as an owner or owner of an interest in it. 

(3) Parties. When the action commences, the plaintiff need 

join as defendants only those persons who have or claim an interest in the property and whose names are then known. But 

before any hearing on compensation, the plaintiff must add as 

defendants all those persons who have or claim an interest and 

whose names have become known or can be found by a reasonably diligent search of the records, considering both the property’s character and value and the interests to be acquired. All 

others may be made defendants under the designation ‘‘Unknown Owners.’’ 

(4) Procedure. Notice must be served on all defendants as provided in Rule 71.1(d), whether they were named as defendants 

when the action commenced or were added later. A defendant 

may answer as provided in Rule 71.1(e). The court, meanwhile, 

may order any distribution of a deposit that the facts warrant. 

(5) Filing; Additional Copies. In addition to filing the complaint, the plaintiff must give the clerk at least one copy for 

the defendants’ use and additional copies at the request of the 

clerk or a defendant. 

(d) PROCESS. 

(1) Delivering Notice to the Clerk. On filing a complaint, the 

plaintiff must promptly deliver to the clerk joint or several 

notices directed to the named defendants. When adding defendants, the plaintiff must deliver to the clerk additional notices directed to the new defendants. 

(2) Contents of the Notice. 

(A) Main Contents. Each notice must name the court, the 

title of the action, and the defendant to whom it is directed. It must describe the property sufficiently to identify it, but need not describe any property other than that 

to be taken from the named defendant. The notice must 

also state: 

(i) that the action is to condemn property; 

(ii) the interest to be taken; 

(iii) the authority for the taking; 

(iv) the uses for which the property is to be taken; 

(v) that the defendant may serve an answer on the 

plaintiff’s attorney within 21 days after being served 

with the notice; 

(vi) that the failure to so serve an answer constitutes 

consent to the taking and to the court’s authority to 

proceed with the action and fix the compensation; and 

(vii) that a defendant who does not serve an answer 

may file a notice of appearance. 

(B) Conclusion. The notice must conclude with the name, 

telephone number, and e-mail address of the plaintiff’s attorney and an address within the district in which the action is brought where the attorney may be served. 

(3) Serving the Notice. 

(A) Personal Service. When a defendant whose address is 

known resides within the United States or a territory subject to the administrative or judicial jurisdiction of the 
Rule 71.1 FEDERAL RULES OF CIVIL PROCEDURE 92 

United States, personal service of the notice (without a 

copy of the complaint) must be made in accordance with 

Rule 4. 

(B) Service by Publication. 

(i) A defendant may be served by publication only 

when the plaintiff’s attorney files a certificate stating 

that the attorney believes the defendant cannot be personally served, because after diligent inquiry within 

the state where the complaint is filed, the defendant’s 

place of residence is still unknown or, if known, that 

it is beyond the territorial limits of personal service. 

Service is then made by publishing the notice—once a 

week for at least 3 successive weeks—in a newspaper 

published in the county where the property is located 

or, if there is no such newspaper, in a newspaper with 

general circulation where the property is located. Before the last publication, a copy of the notice must 

also be mailed to every defendant who cannot be personally served but whose place of residence is then 

known. Unknown owners may be served by publication 

in the same manner by a notice addressed to ‘‘Unknown Owners.’’ 

(ii) Service by publication is complete on the date of 

the last publication. The plaintiff’s attorney must 

prove publication and mailing by a certificate, attach 

a printed copy of the published notice, and mark on 

the copy the newspaper’s name and the dates of publication. 

(4) Effect of Delivery and Service. Delivering the notice to the 

clerk and serving it have the same effect as serving a summons under Rule 4. 

(5) Amending the Notice; Proof of Service and Amending the 

Proof. Rule 4(a)(2) governs amending the notice. Rule 4(l) governs proof of service and amending it. 

(e) APPEARANCE OR ANSWER. 

(1) Notice of Appearance. A defendant that has no objection or 

defense to the taking of its property may serve a notice of appearance designating the property in which it claims an interest. The defendant must then be given notice of all later proceedings affecting the defendant. 

(2) Answer. A defendant that has an objection or defense to 

the taking must serve an answer within 21 days after being 

served with the notice. The answer must: 

(A) identify the property in which the defendant claims 

an interest; 

(B) state the nature and extent of the interest; and 

(C) state all the defendant’s objections and defenses to 

the taking. 

(3) Waiver of Other Objections and Defenses; Evidence on Compensation. A defendant waives all objections and defenses not 

stated in its answer. No other pleading or motion asserting an 

additional objection or defense is allowed. But at the trial on 

compensation, a defendant—whether or not it has previously 

appeared or answered—may present evidence on the amount of 

compensation to be paid and may share in the award. 
93 FEDERAL RULES OF CIVIL PROCEDURE Rule 71.1 

(f) AMENDING PLEADINGS. Without leave of court, the plaintiff 

may—as often as it wants—amend the complaint at any time before the trial on compensation. But no amendment may be made 

if it would result in a dismissal inconsistent with Rule 71.1(i)(1) or 

(2). The plaintiff need not serve a copy of an amendment, but must 

serve notice of the filing, as provided in Rule 5(b), on every affected party who has appeared and, as provided in Rule 71.1(d), on 

every affected party who has not appeared. In addition, the plaintiff must give the clerk at least one copy of each amendment for 

the defendants’ use, and additional copies at the request of the 

clerk or a defendant. A defendant may appear or answer in the 

time and manner and with the same effect as provided in Rule 

71.1(e). 

(g) SUBSTITUTING PARTIES. If a defendant dies, becomes incompetent, or transfers an interest after being joined, the court may, 

on motion and notice of hearing, order that the proper party be 

substituted. Service of the motion and notice on a nonparty must 

be made as provided in Rule 71.1(d)(3). 

(h) TRIAL OF THE ISSUES. 

(1) Issues Other Than Compensation; Compensation. In an action involving eminent domain under federal law, the court 

tries all issues, including compensation, except when compensation must be determined: 

(A) by any tribunal specially constituted by a federal 

statute to determine compensation; or 

(B) if there is no such tribunal, by a jury when a party 

demands one within the time to answer or within any additional time the court sets, unless the court appoints a 

commission. 

(2) Appointing a Commission; Commission’s Powers and Report. 

(A) Reasons for Appointing. If a party has demanded a 

jury, the court may instead appoint a three-person commission to determine compensation because of the character, location, or quantity of the property to be condemned or for other just reasons. 

(B) Alternate Commissioners. The court may appoint up to 

two additional persons to serve as alternate commissioners to hear the case and replace commissioners who, 

before a decision is filed, the court finds unable or disqualified to perform their duties. Once the commission 

renders its final decision, the court must discharge any alternate who has not replaced a commissioner. 

(C) Examining the Prospective Commissioners. Before making its appointments, the court must advise the parties of 

the identity and qualifications of each prospective commissioner and alternate, and may permit the parties to examine them. The parties may not suggest appointees, but 

for good cause may object to a prospective commissioner 

or alternate. 

(D) Commission’s Powers and Report. A commission has 

the powers of a master under Rule 53(c). Its action and report are determined by a majority. Rule 53(d), (e), and (f) 

apply to its action and report. 

(i) DISMISSAL OF THE ACTION OR A DEFENDANT. 

(1) Dismissing the Action. 
Rule 72 FEDERAL RULES OF CIVIL PROCEDURE 94 

(A) By the Plaintiff. If no compensation hearing on a 

piece of property has begun, and if the plaintiff has not acquired title or a lesser interest or taken possession, the 

plaintiff may, without a court order, dismiss the action as 

to that property by filing a notice of dismissal briefly describing the property. 

(B) By Stipulation. Before a judgment is entered vesting 

the plaintiff with title or a lesser interest in or possession 

of property, the plaintiff and affected defendants may, 

without a court order, dismiss the action in whole or in 

part by filing a stipulation of dismissal. And if the parties 

so stipulate, the court may vacate a judgment already entered. 

(C) By Court Order. At any time before compensation has 

been determined and paid, the court may, after a motion 

and hearing, dismiss the action as to a piece of property. 

But if the plaintiff has already taken title, a lesser interest, or possession as to any part of it, the court must 

award compensation for the title, lesser interest, or possession taken. 

(2) Dismissing a Defendant. The court may at any time dismiss a defendant who was unnecessarily or improperly joined. 

(3) Effect. A dismissal is without prejudice unless otherwise 

stated in the notice, stipulation, or court order. 

(j) DEPOSIT AND ITS DISTRIBUTION. 

(1) Deposit. The plaintiff must deposit with the court any 

money required by law as a condition to the exercise of eminent domain and may make a deposit when allowed by statute. 

(2) Distribution; Adjusting Distribution. After a deposit, the 

court and attorneys must expedite the proceedings so as to 

distribute the deposit and to determine and pay compensation. 

If the compensation finally awarded to a defendant exceeds 

the amount distributed to that defendant, the court must 

enter judgment against the plaintiff for the deficiency. If the 

compensation awarded to a defendant is less than the amount 

distributed to that defendant, the court must enter judgment 

against that defendant for the overpayment. 

(k) CONDEMNATION UNDER A STATE’S POWER OF EMINENT DOMAIN. 

This rule governs an action involving eminent domain under state 

law. But if state law provides for trying an issue by jury—or for 

trying the issue of compensation by jury or commission or both— 

that law governs. 

(l) COSTS. Costs are not subject to Rule 54(d). 

(As added Apr. 30, 1951, eff. Aug. 1, 1951; amended Jan. 21, 1963, eff. 

July 1, 1963; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 

1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Pub. L. 100–690, title VII, 

§ 7050, Nov. 18, 1988, 102 Stat. 4401; Apr. 22, 1993, eff. Dec. 1, 1993; 

Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 

26, 2009, eff. Dec. 1, 2009.) 

Rule 72. Magistrate Judges: Pretrial Order 

(a) NONDISPOSITIVE MATTERS. When a pretrial matter not dispositive of a party’s claim or defense is referred to a magistrate 
95 FEDERAL RULES OF CIVIL PROCEDURE Rule 73 

judge to hear and decide, the magistrate judge must promptly 

conduct the required proceedings and, when appropriate, issue a 

written order stating the decision. A party may serve and file objections to the order within 14 days after being served with a copy. 

A party may not assign as error a defect in the order not timely 

objected to. The district judge in the case must consider timely 

objections and modify or set aside any part of the order that is 

clearly erroneous or is contrary to law. 

(b) DISPOSITIVE MOTIONS AND PRISONER PETITIONS. 

(1) Findings and Recommendations. A magistrate judge must 

promptly conduct the required proceedings when assigned, 

without the parties’ consent, to hear a pretrial matter dispositive of a claim or defense or a prisoner petition challenging 

the conditions of confinement. A record must be made of all 

evidentiary proceedings and may, at the magistrate judge’s 

discretion, be made of any other proceedings. The magistrate 

judge must enter a recommended disposition, including, if appropriate, proposed findings of fact. The clerk must immediately serve a copy on each party as provided in Rule 5(b). 

(2) Objections. Within 14 days after being served with a copy 

of the recommended disposition, a party may serve and file 

specific written objections to the proposed findings and recommendations. A party may respond to another party’s objections within 14 days after being served with a copy. Unless the 

district judge orders otherwise, the objecting party must 

promptly arrange for transcribing the record, or whatever portions of it the parties agree to or the magistrate judge considers sufficient. 

(3) Resolving Objections. The district judge must determine de 

novo any part of the magistrate judge’s disposition that has 

been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further 

evidence; or return the matter to the magistrate judge with 

instructions. 

(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Apr. 30, 1991, eff. 

Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 

1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 24, 2023, eff. Dec. 1, 2023.) 

Rule 73. Magistrate Judges: Trial by Consent; Appeal 

(a) TRIAL BY CONSENT. When authorized under 28 U.S.C. § 636(c), 

a magistrate judge may, if all parties consent, conduct a civil action or proceeding, including a jury or nonjury trial. A record 

must be made in accordance with 28 U.S.C. § 636(c)(5). 

(b) CONSENT PROCEDURE. 

(1) In General. When a magistrate judge has been designated 

to conduct civil actions or proceedings, the clerk must give 

the parties written notice of their opportunity to consent 

under 28 U.S.C. § 636(c). To signify their consent, the parties 

must jointly or separately file a statement consenting to the 

referral. A district judge or magistrate judge may be informed 

of a party’s response to the clerk’s notice only if all parties 

have consented to the referral. 
Rule 74 FEDERAL RULES OF CIVIL PROCEDURE 96 

(2) Reminding the Parties About Consenting. A district judge, 

magistrate judge, or other court official may remind the parties of the magistrate judge’s availability, but must also advise them that they are free to withhold consent without adverse substantive consequences. 

(3) Vacating a Referral. On its own for good cause—or when 

a party shows extraordinary circumstances—the district judge 

may vacate a referral to a magistrate judge under this rule. 

(c) APPEALING A JUDGMENT. In accordance with 28 U.S.C. 

§ 636(c)(3), an appeal from a judgment entered at a magistrate 

judge’s direction may be taken to the court of appeals as would 

any other appeal from a district-court judgment. 

(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Mar. 2, 1987, eff. 

Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 11, 1997, eff. Dec. 

1, 1997; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 74. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).] 

Rule 75. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).] 

Rule 76. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).] 

TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING 

BUSINESS; ISSUING ORDERS 

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

Order or Judgment 

(a) WHEN COURT IS OPEN. Every district court is considered always open for filing any paper, issuing and returning process, 

making a motion, or entering an order. 

(b) PLACE FOR TRIAL AND OTHER PROCEEDINGS. Every trial on the 

merits must be conducted in open court and, so far as convenient, 

in a regular courtroom. Any other act or proceeding may be done 

or conducted by a judge in chambers, without the attendance of 

the clerk or other court official, and anywhere inside or outside 

the district. But no hearing—other than one ex parte—may be 

conducted outside the district unless all the affected parties consent. 

(c) CLERK’S OFFICE HOURS; CLERK’S ORDERS. 

(1) Hours. The clerk’s office—with a clerk or deputy on 

duty—must be open during business hours every day except 

Saturdays, Sundays, and legal holidays. But a court may, by 

local rule or order, require that the office be open for specified 

hours on Saturday or a particular legal holiday other than one 

listed in Rule 6(a)(6)(A). 

(2) Orders. Subject to the court’s power to suspend, alter, or 

rescind the clerk’s action for good cause, the clerk may: 

(A) issue process; 

(B) enter a default; 

(C) enter a default judgment under Rule 55(b)(1); and 

(D) act on any other matter that does not require the 

court’s action. 
97 FEDERAL RULES OF CIVIL PROCEDURE Rule 79 

(d) SERVING NOTICE OF AN ORDER OR JUDGMENT. 

(1) Service. Immediately after entering an order or judgment, 

the clerk must serve notice of the entry, as provided in Rule 

5(b), on each party who is not in default for failing to appear. 

The clerk must record the service on the docket. A party also 

may serve notice of the entry as provided in Rule 5(b). 

(2) Time to Appeal Not Affected by Lack of Notice. Lack of notice of the entry does not affect the time for appeal or relieve—or authorize the court to relieve—a party for failing to 

appeal within the time allowed, except as allowed by Federal 

Rule of Appellate Procedure (4)(a). 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 

1, 1963; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; 

Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 

2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 25, 2014, 

eff. Dec. 1, 2014.) 

Rule 78. Hearing Motions; Submission on Briefs 

(a) PROVIDING A REGULAR SCHEDULE FOR ORAL HEARINGS. A court 

may establish regular times and places for oral hearings on motions. 

(b) PROVIDING FOR SUBMISSION ON BRIEFS. By rule or order, the 

court may provide for submitting and determining motions on 

briefs, without oral hearings. 

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 

1, 2007.) 

Rule 79. Records Kept by the Clerk 

(a) CIVIL DOCKET. 

(1) In General. The clerk must keep a record known as the 

‘‘civil docket’’ in the form and manner prescribed by the Director of the Administrative Office of the United States 

Courts with the approval of the Judicial Conference of the 

United States. The clerk must enter each civil action in the 

docket. Actions must be assigned consecutive file numbers, 

which must be noted in the docket where the first entry of the 

action is made. 

(2) Items to be Entered. The following items must be marked 

with the file number and entered chronologically in the docket: 

(A) papers filed with the clerk; 

(B) process issued, and proofs of service or other returns 

showing execution; and 

(C) appearances, orders, verdicts, and judgments. 

(3) Contents of Entries; Jury Trial Demanded. Each entry must 

briefly show the nature of the paper filed or writ issued, the 

substance of each proof of service or other return, and the substance and date of entry of each order and judgment. When a 

jury trial has been properly demanded or ordered, the clerk 

must enter the word ‘‘jury’’ in the docket. 

(b) CIVIL JUDGMENTS AND ORDERS. The clerk must keep a copy 

of every final judgment and appealable order; of every order affecting title to or a lien on real or personal property; and of any 

other order that the court directs to be kept. The clerk must keep 
Rule 80 FEDERAL RULES OF CIVIL PROCEDURE 98 

these in the form and manner prescribed by the Director of the 

Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States. 

(c) INDEXES; CALENDARS. Under the court’s direction, the clerk 

must: 

(1) keep indexes of the docket and of the judgments and orders described in Rule 79(b); and 

(2) prepare calendars of all actions ready for trial, distinguishing jury trials from nonjury trials. 

(d) OTHER RECORDS. The clerk must keep any other records required by the Director of the Administrative Office of the United 

States Courts with the approval of the Judicial Conference of the 

United States. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Jan. 21, 1963, eff. July 1, 1963; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 80. Stenographic Transcript as Evidence 

If stenographically reported testimony at a hearing or trial is 

admissible in evidence at a later trial, the testimony may be 

proved by a transcript certified by the person who reported it. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 30, 2007, eff. Dec. 

1, 2007.) 

TITLE XI. GENERAL PROVISIONS 

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

(a) APPLICABILITY TO PARTICULAR PROCEEDINGS. 

(1) Prize Proceedings. These rules do not apply to prize proceedings in admiralty governed by 10 U.S.C. §§ 7651–7681. 

(2) Bankruptcy. These rules apply to bankruptcy proceedings 

to the extent provided by the Federal Rules of Bankruptcy 

Procedure. 

(3) Citizenship. These rules apply to proceedings for admission to citizenship to the extent that the practice in those proceedings is not specified in federal statutes and has previously 

conformed to the practice in civil actions. The provisions of 8 

U.S.C. § 1451 for service by publication and for answer apply in 

proceedings to cancel citizenship certificates. 

(4) Special Writs. These rules apply to proceedings for habeas 

corpus and for quo warranto to the extent that the practice in 

those proceedings: 

(A) is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 

2255 Cases; and 

(B) has previously conformed to the practice in civil actions. 

(5) Proceedings Involving a Subpoena. These rules apply to 

proceedings to compel testimony or the production of documents through a subpoena issued by a United States officer or 

agency under a federal statute, except as otherwise provided 

by statute, by local rule, or by court order in the proceedings. 

(6) Other Proceedings. These rules, to the extent applicable, 

govern proceedings under the following laws, except as these 

laws provide other procedures: 
99 FEDERAL RULES OF CIVIL PROCEDURE Rule 81 

(A) 7 U.S.C. §§ 292, 499g(c), for reviewing an order of the 

Secretary of Agriculture; 

(B) 9 U.S.C., relating to arbitration; 

(C) 15 U.S.C. § 522, for reviewing an order of the Secretary 

of the Interior; 

(D) 15 U.S.C. § 715d(c), for reviewing an order denying a 

certificate of clearance; 

(E) 29 U.S.C. §§ 159, 160, for enforcing an order of the National Labor Relations Board; 

(F) 33 U.S.C. §§ 918, 921, for enforcing or reviewing a compensation order under the Longshore and Harbor Workers’ 

Compensation Act; and 

(G) 45 U.S.C. § 159, for reviewing an arbitration award in 

a railway-labor dispute. 

(b) SCIRE FACIAS AND MANDAMUS. The writs of scire facias and 

mandamus are abolished. Relief previously available through 

them may be obtained by appropriate action or motion under 

these rules. 

(c) REMOVED ACTIONS. 

(1) Applicability. These rules apply to a civil action after it 

is removed from a state court. 

(2) Further Pleading. After removal, repleading is unnecessary unless the court orders it. A defendant who did not answer before removal must answer or present other defenses or 

objections under these rules within the longest of these periods: 

(A) 21 days after receiving—through service or otherwise—a copy of the initial pleading stating the claim for 

relief; 

(B) 21 days after being served with the summons for an 

initial pleading on file at the time of service; or 

(C) 7 days after the notice of removal is filed. 

(3) Demand for a Jury Trial. 

(A) As Affected by State Law. A party who, before removal, expressly demanded a jury trial in accordance with 

state law need not renew the demand after removal. If the 

state law did not require an express demand for a jury 

trial, a party need not make one after removal unless the 

court orders the parties to do so within a specified time. 

The court must so order at a party’s request and may so 

order on its own. A party who fails to make a demand 

when so ordered waives a jury trial. 

(B) Under Rule 38. If all necessary pleadings have been 

served at the time of removal, a party entitled to a jury 

trial under Rule 38 must be given one if the party serves 

a demand within 14 days after: 

(i) it files a notice of removal; or 

(ii) it is served with a notice of removal filed by another party. 

(d) LAW APPLICABLE. 

(1) ‘‘State Law’’ Defined. When these rules refer to state law, 

the term ‘‘law’’ includes the state’s statutes and the state’s judicial decisions. 

(2) ‘‘State’’ Defined. The term ‘‘state’’ includes, where appropriate, the District of Columbia and any United States commonwealth or territory. 
Rule 82 FEDERAL RULES OF CIVIL PROCEDURE 100 

(3) ‘‘Federal Statute’’ Defined in the District of Columbia. In the 

United States District Court for the District of Columbia, the 

term ‘‘federal statute’’ includes any Act of Congress that applies locally to the District. 

(As amended Dec. 28, 1939, eff. Apr. 3, 1941; Dec. 27, 1946, eff. Mar. 

19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 1951, eff. Aug. 1, 1951; 

Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 

4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, 

eff. Aug. 1, 1987; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 

1, 2002; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule 82. Jurisdiction and Venue Unaffected 

These rules do not extend or limit the jurisdiction of the district 

courts or the venue of actions in those courts. An admiralty or 

maritime claim under Rule 9(h) is governed by 28 U.S.C. § 1390. 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 

1, 1966; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 2007; 

Apr. 28, 2016, eff. Dec. 1, 2016.) 

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

(a) LOCAL RULES. 

(1) In General. After giving public notice and an opportunity 

for comment, a district court, acting by a majority of its district judges, may adopt and amend rules governing its practice. A local rule must be consistent with—but not duplicate— 

federal statutes and rules adopted under 28 U.S.C. §§ 2072 and 

2075, and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. A 

local rule takes effect on the date specified by the district 

court and remains in effect unless amended by the court or abrogated by the judicial council of the circuit. Copies of rules 

and amendments must, on their adoption, be furnished to the 

judicial council and the Administrative Office of the United 

States Courts and be made available to the public. 

(2) Requirement of Form. A local rule imposing a requirement 

of form must not be enforced in a way that causes a party to 

lose any right because of a nonwillful failure to comply. 

(b) PROCEDURE WHEN THERE IS NO CONTROLLING LAW. A judge 

may regulate practice in any manner consistent with federal law, 

rules adopted under 28 U.S.C. §§ 2072 and 2075, and the district’s 

local rules. No sanction or other disadvantage may be imposed for 

noncompliance with any requirement not in federal law, federal 

rules, or the local rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement. 

(As amended Apr. 29, 1985, eff. Aug. 1, 1985; Apr. 27, 1995, eff. Dec. 

1, 1995; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 84. [Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).] 

Rule 85. Title 

These rules may be cited as the Federal Rules of Civil Procedure. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 
101 FEDERAL RULES OF CIVIL PROCEDURE Rule 87 

Rule 86. Effective Dates 

(a) IN GENERAL. These rules and any amendments take effect at

the time specified by the Supreme Court, subject to 28 U.S.C. 

§ 2074. They govern:

(1) proceedings in an action commenced after their effective

date; and 

(2) proceedings after that date in an action then pending unless: 

(A) the Supreme Court specifies otherwise; or

(B) the court determines that applying them in a particular action would be infeasible or work an injustice. 

(b) DECEMBER 1, 2007 AMENDMENTS. If any provision in Rules

1–5.1, 6–73, or 77–86 conflicts with another law, priority in time for 

the purpose of 28 U.S.C. § 2072(b) is not affected by the amendments taking effect on December 1, 2007. 

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 

20, 1949; Apr. 17, 1961, eff. July 19, 1961; Jan. 21 and Mar. 18, 1963, 

eff. July 1, 1963; Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 87. Civil Rules Emergency 

(a) CONDITIONS FOR AN EMERGENCY. The Judicial Conference of

the United States may declare a Civil Rules emergency if it determines that extraordinary circumstances relating to public health 

or safety, or affecting physical or electronic access to a court, 

substantially impair the court’s ability to perform its functions in 

compliance with these rules. 

(b) DECLARING AN EMERGENCY.

(1) Content. The declaration:

(A) must designate the court or courts affected;

(B) adopts all the emergency rules in Rule 87(c) unless it

excepts one or more of them; and 

(C) must be limited to a stated period of no more than

90 days. 

(2) Early Termination. The Judicial Conference may terminate a declaration for one or more courts before the termination date. 

(3) Additional Declarations. The Judicial Conference may

issue additional declarations under this rule. 

(c) EMERGENCY RULES.

(1) Emergency Rules 4(e), (h)(1), (i), and (j)(2), and for serving

a minor or incompetent person. The court may by order authorize service on a defendant described in Rule 4(e), (h)(1), (i), or

(j)(2)—or on a minor or incompetent person in a judicial district of the United States—by a method that is reasonably calculated to give notice. A method of service may be completed

under the order after the declaration ends unless the court,

after notice and an opportunity to be heard, modifies or rescinds the order.

(2) Emergency Rule 6(b)(2).

(A) Extension of Time to File Certain Motions. A court may,

by order, apply Rule 6(b)(1)(A) to extend for a period of no

more than 30 days after entry of the order the time to act

under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).

(B) Effect on Time to Appeal. Unless the time to appeal

would otherwise be longer:
Rule 87 FEDERAL RULES OF CIVIL PROCEDURE 102 

(i) if the court denies an extension, the time to file 

an appeal runs for all parties from the date the order 

denying the motion to extend is entered; 

(ii) if the court grants an extension, a motion authorized by the court and filed within the extended period is, for purposes of Appellate Rule 4(a)(4)(A), filed 

‘‘within the time allowed by’’ the Federal Rules of 

Civil Procedure; and 

(iii) if the court grants an extension and no motion 

authorized by the court is made within the extended 

period, the time to file an appeal runs for all parties 

from the expiration of the extended period. 

(C) Declaration Ends. An act authorized by an order under 

this emergency rule may be completed under the order 

after the emergency declaration ends. 

(As added Apr. 24, 2023, eff. Dec. 1, 2023.) 
(103) 

APPENDIX OF FORMS 

[Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).] 
Rule A FEDERAL RULES OF CIVIL PROCEDURE 104 

1Title amended April 12, 2006, effective December 1, 2006. 

SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME 

CLAIMS AND ASSET FORFEITURE ACTIONS 1

Rule A. Scope of Rules 

(1) These Supplemental Rules apply to: 

(A) the procedure in admiralty and maritime claims within 

the meaning of Rule 9(h) with respect to the following remedies: 

(i) maritime attachment and garnishment, 

(ii) actions in rem, 

(iii) possessory, petitory, and partition actions, and 

(iv) actions for exoneration from or limitation of liability; 

(B) forfeiture actions in rem arising from a federal statute; 

and 

(C) the procedure in statutory condemnation proceedings 

analogous to maritime actions in rem, whether within the admiralty and maritime jurisdiction or not. Except as otherwise 

provided, references in these Supplemental Rules to actions in 

rem include such analogous statutory condemnation proceedings. 

(2) The Federal Rules of Civil Procedure also apply to the foregoing proceedings except to the extent that they are inconsistent 

with these Supplemental Rules. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 12, 2006, eff. 

Dec. 1, 2006.) 

Rule B. In Personam Actions: Attachment and Garnishment 

(1) WHEN AVAILABLE; COMPLAINT, AFFIDAVIT, JUDICIAL AUTHORIZATION, AND PROCESS. In an in personam action: 

(a) If a defendant is not found within the district when a 

verified complaint praying for attachment and the affidavit 

required by Rule B(1)(b) are filed, a verified complaint may 

contain a prayer for process to attach the defendant’s tangible 

or intangible personal property—up to the amount sued for— 

in the hands of garnishees named in the process. 

(b) The plaintiff or the plaintiff’s attorney must sign and file 

with the complaint an affidavit stating that, to the affiant’s 

knowledge, or on information and belief, the defendant cannot 

be found within the district. The court must review the complaint and affidavit and, if the conditions of this Rule B appear to exist, enter an order so stating and authorizing process 

of attachment and garnishment. The clerk may issue supplemental process enforcing the court’s order upon application 

without further court order. 

(c) If the plaintiff or the plaintiff’s attorney certifies that 

exigent circumstances make court review impracticable, the 

clerk must issue the summons and process of attachment and 

garnishment. The plaintiff has the burden in any post-attachment hearing under Rule E(4)(f) to show that exigent circumstances existed. 
105 FEDERAL RULES OF CIVIL PROCEDURE Rule C 

(d)(i) If the property is a vessel or tangible property on board 

a vessel, the summons, process, and any supplemental process 

must be delivered to the marshal for service. 

(ii) If the property is other tangible or intangible property, 

the summons, process, and any supplemental process must be 

delivered to a person or organization authorized to serve it, 

who may be (A) a marshal; (B) someone under contract with 

the United States; (C) someone specially appointed by the 

court for that purpose; or, (D) in an action brought by the 

United States, any officer or employee of the United States. 

(e) The plaintiff may invoke state-law remedies under Rule 

64 for seizure of person or property for the purpose of securing 

satisfaction of the judgment. 

(2) NOTICE TO DEFENDANT. No default judgment may be entered 

except upon proof—which may be by affidavit—that: 

(a) the complaint, summons, and process of attachment or 

garnishment have been served on the defendant in a manner 

authorized by Rule 4; 

(b) the plaintiff or the garnishee has mailed to the defendant 

the complaint, summons, and process of attachment or garnishment, using any form of mail requiring a return receipt; 

or 

(c) the plaintiff or the garnishee has tried diligently to give 

notice of the action to the defendant but could not do so. 

(3) ANSWER. 

(a) By Garnishee. The garnishee shall serve an answer, together with answers to any interrogatories served with the 

complaint, within 21 days after service of process upon the 

garnishee. Interrogatories to the garnishee may be served with 

the complaint without leave of court. If the garnishee refuses 

or neglects to answer on oath as to the debts, credits, or effects of the defendant in the garnishee’s hands, or any interrogatories concerning such debts, credits, and effects that may 

be propounded by the plaintiff, the court may award compulsory process against the garnishee. If the garnishee admits 

any debts, credits, or effects, they shall be held in the garnishee’s hands or paid into the registry of the court, and shall be 

held in either case subject to the further order of the court. 

(b) By Defendant. The defendant shall serve an answer within 

30 days after process has been executed, whether by attachment of property or service on the garnishee. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 29, 1985, eff. 

Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec. 

1, 2000; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule C. In Rem Actions: Special Provisions 

(1) WHEN AVAILABLE. An action in rem may be brought: 

(a) To enforce any maritime lien; 

(b) Whenever a statute of the United States provides for a 

maritime action in rem or a proceeding analogous thereto. 

Except as otherwise provided by law a party who may proceed 

in rem may also, or in the alternative, proceed in personam 

against any person who may be liable. 

Statutory provisions exempting vessels or other property owned 

or possessed by or operated by or for the United States from arrest 
Rule C FEDERAL RULES OF CIVIL PROCEDURE 106 

or seizure are not affected by this rule. When a statute so provides, an action against the United States or an instrumentality 

thereof may proceed on in rem principles. 

(2) COMPLAINT. In an action in rem the complaint must: 

(a) be verified; 

(b) describe with reasonable particularity the property that 

is the subject of the action; and 

(c) state that the property is within the district or will be 

within the district while the action is pending. 

(3) JUDICIAL AUTHORIZATION AND PROCESS. 

(a) Arrest Warrant. 

(i) The court must review the complaint and any supporting papers. If the conditions for an in rem action appear to exist, the court must issue an order directing the 

clerk to issue a warrant for the arrest of the vessel or 

other property that is the subject of the action. 

(ii) If the plaintiff or the plaintiff’s attorney certifies 

that exigent circumstances make court review impracticable, the clerk must promptly issue a summons and a warrant for the arrest of the vessel or other property that is 

the subject of the action. The plaintiff has the burden in 

any post-arrest hearing under Rule E(4)(f) to show that exigent circumstances existed. 

(b) Service. 

(i) If the property that is the subject of the action is a 

vessel or tangible property on board a vessel, the warrant 

and any supplemental process must be delivered to the 

marshal for service. 

(ii) If the property that is the subject of the action is 

other property, tangible or intangible, the warrant and 

any supplemental process must be delivered to a person or 

organization authorized to enforce it, who may be: (A) a 

marshal; (B) someone under contract with the United 

States; (C) someone specially appointed by the court for 

that purpose; or, (D) in an action brought by the United 

States, any officer or employee of the United States. 

(c) Deposit in Court. If the property that is the subject of the 

action consists in whole or in part of freight, the proceeds of 

property sold, or other intangible property, the clerk must 

issue—in addition to the warrant—a summons directing any 

person controlling the property to show cause why it should 

not be deposited in court to abide the judgment. 

(d) Supplemental Process. The clerk may upon application 

issue supplemental process to enforce the court’s order without further court order. 

(4) NOTICE. No notice other than execution of process is required 

when the property that is the subject of the action has been released under Rule E(5). If the property is not released within 14 

days after execution, the plaintiff must promptly—or within the 

time that the court allows—give public notice of the action and 

arrest in a newspaper designated by court order and having general circulation in the district, but publication may be terminated 

if the property is released before publication is completed. The notice must specify the time under Rule C(6) to file a statement of 

interest in or right against the seized property and to answer. 
107 FEDERAL RULES OF CIVIL PROCEDURE Rule D 

This rule does not affect the notice requirements in an action to 

foreclose a preferred ship mortgage under 46 U.S.C. §§ 31301 et seq., 

as amended. 

(5) ANCILLARY PROCESS. In any action in rem in which process 

has been served as provided by this rule, if any part of the property that is the subject of the action has not been brought within 

the control of the court because it has been removed or sold, or 

because it is intangible property in the hands of a person who has 

not been served with process, the court may, on motion, order any 

person having possession or control of such property or its proceeds to show cause why it should not be delivered into the custody of the marshal or other person or organization having a warrant for the arrest of the property, or paid into court to abide the 

judgment; and, after hearing, the court may enter such judgment 

as law and justice may require. 

(6) RESPONSIVE PLEADING; INTERROGATORIES. 

(a) Statement of Interest; Answer. In an action in rem: 

(i) a person who asserts a right of possession or any ownership interest in the property that is the subject of the 

action must file a verified statement of right or interest: 

(A) within 14 days after the execution of process, or 

(B) within the time that the court allows; 

(ii) the statement of right or interest must describe the 

interest in the property that supports the person’s demand 

for its restitution or right to defend the action; 

(iii) an agent, bailee, or attorney must state the authority to file a statement of right or interest on behalf of another; and 

(iv) a person who asserts a right of possession or any 

ownership interest must serve an answer within 21 days 

after filing the statement of interest or right. 

(b) Interrogatories. Interrogatories may be served with the 

complaint in an in rem action without leave of court. Answers 

to the interrogatories must be served with the answer to the 

complaint. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 29, 1985, eff. 

Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 

1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002; 

Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 

23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.) 

Rule D. Possessory, Petitory, and Partition Actions 

In all actions for possession, partition, and to try title maintainable according to the course of the admiralty practice with respect to a vessel, in all actions so maintainable with respect to 

the possession of cargo or other maritime property, and in all actions by one or more part owners against the others to obtain security for the return of the vessel from any voyage undertaken 

without their consent, or by one or more part owners against the 

others to obtain possession of the vessel for any voyage on giving 

security for its safe return, the process shall be by a warrant of 

arrest of the vessel, cargo, or other property, and by notice in the 

manner provided by Rule B(2) to the adverse party or parties. 

(As added Feb. 28, 1966, eff. July 1, 1966.) 
Rule E FEDERAL RULES OF CIVIL PROCEDURE 108 

Rule E. Actions in Rem and Quasi in Rem: General Provisions 

(1) APPLICABILITY. Except as otherwise provided, this rule applies to actions in personam with process of maritime attachment 

and garnishment, actions in rem, and petitory, possessory, and 

partition actions, supplementing Rules B, C, and D. 

(2) COMPLAINT; SECURITY. 

(a) Complaint. In actions to which this rule is applicable the 

complaint shall state the circumstances from which the claim 

arises with such particularity that the defendant or claimant 

will be able, without moving for a more definite statement, to 

commence an investigation of the facts and to frame a responsive pleading. 

(b) Security for Costs. Subject to the provisions of Rule 54(d) 

and of relevant statutes, the court may, on the filing of the 

complaint or on the appearance of any defendant, claimant, or 

any other party, or at any later time, require the plaintiff, defendant, claimant, or other party to give security, or additional security, in such sum as the court shall direct to pay 

all costs and expenses that shall be awarded against the party 

by any interlocutory order or by the final judgment, or on appeal by any appellate court. 

(3) PROCESS. 

(a) In admiralty and maritime proceedings process in rem or 

of maritime attachment and garnishment may be served only 

within the district. 

(b) Issuance and Delivery. Issuance and delivery of process in 

rem, or of maritime attachment and garnishment, shall be 

held in abeyance if the plaintiff so requests. 

(4) EXECUTION OF PROCESS; MARSHAL’S RETURN; CUSTODY OF

PROPERTY; PROCEDURES FOR RELEASE. 

(a) In General. Upon issuance and delivery of the process, or, 

in the case of summons with process of attachment and garnishment, when it appears that the defendant cannot be found 

within the district, the marshal or other person or organization having a warrant shall forthwith execute the process in 

accordance with this subdivision (4), making due and prompt 

return. 

(b) Tangible Property. If tangible property is to be attached 

or arrested, the marshal or other person or organization having the warrant shall take it into the marshal’s possession for 

safe custody. If the character or situation of the property is 

such that the taking of actual possession is impracticable, the 

marshal or other person executing the process shall affix a 

copy thereof to the property in a conspicuous place and leave 

a copy of the complaint and process with the person having 

possession or the person’s agent. In furtherance of the marshal’s custody of any vessel the marshal is authorized to make 

a written request to the collector of customs not to grant 

clearance to such vessel until notified by the marshal or deputy marshal or by the clerk that the vessel has been released 

in accordance with these rules. 

(c) Intangible Property. If intangible property is to be attached or arrested the marshal or other person or organization 

having the warrant shall execute the process by leaving with 
109 FEDERAL RULES OF CIVIL PROCEDURE Rule E 

2 Repealed by Pub. L. 98–89, §4(b), Aug. 26, 1983, 97 Stat. 600, section 1 of which enacted Title 46, 

Shipping. 

the garnishee or other obligor a copy of the complaint and 

process requiring the garnishee or other obligor to answer as 

provided in Rules B(3)(a) and C(6); or the marshal may accept 

for payment into the registry of the court the amount owed to 

the extent of the amount claimed by the plaintiff with interest and costs, in which event the garnishee or other obligor 

shall not be required to answer unless alias process shall be 

served. 

(d) Directions With Respect to Property in Custody. The marshal or other person or organization having the warrant may 

at any time apply to the court for directions with respect to 

property that has been attached or arrested, and shall give notice of such application to any or all of the parties as the 

court may direct. 

(e) Expenses of Seizing and Keeping Property; Deposit. These 

rules do not alter the provisions of Title 28, U.S.C., § 1921, as 

amended, relative to the expenses of seizing and keeping property attached or arrested and to the requirement of deposits 

to cover such expenses. 

(f) Procedure for Release From Arrest or Attachment. Whenever 

property is arrested or attached, any person claiming an interest in it shall be entitled to a prompt hearing at which the 

plaintiff shall be required to show why the arrest or attachment should not be vacated or other relief granted consistent 

with these rules. This subdivision shall have no application to 

suits for seamen’s wages when process is issued upon a certification of sufficient cause filed pursuant to Title 46, U.S.C. 

§§ 603 and 604 2 or to actions by the United States for forfeitures 

for violation of any statute of the United States. 

(5) RELEASE OF PROPERTY. 

(a) Special Bond. Whenever process of maritime attachment 

and garnishment or process in rem is issued the execution of 

such process shall be stayed, or the property released, on the 

giving of security, to be approved by the court or clerk, or by 

stipulation of the parties, conditioned to answer the judgment 

of the court or of any appellate court. The parties may stipulate the amount and nature of such security. In the event of 

the inability or refusal of the parties so to stipulate the court 

shall fix the principal sum of the bond or stipulation at an 

amount sufficient to cover the amount of the plaintiff’s claim 

fairly stated with accrued interest and costs; but the principal 

sum shall in no event exceed (i) twice the amount of the plaintiff’s claim or (ii) the value of the property on due appraisement, whichever is smaller. The bond or stipulation shall be 

conditioned for the payment of the principal sum and interest 

thereon at 6 per cent per annum. 

(b) General Bond. The owner of any vessel may file a general 

bond or stipulation, with sufficient surety, to be approved by 

the court, conditioned to answer the judgment of such court 

in all or any actions that may be brought thereafter in such 

court in which the vessel is attached or arrested. Thereupon 

the execution of all such process against such vessel shall be 
Rule E FEDERAL RULES OF CIVIL PROCEDURE 110 

stayed so long as the amount secured by such bond or stipulation is at least double the aggregate amount claimed by plaintiffs in all actions begun and pending in which such vessel has 

been attached or arrested. Judgments and remedies may be 

had on such bond or stipulation as if a special bond or stipulation had been filed in each of such actions. The district court 

may make necessary orders to carry this rule into effect, particularly as to the giving of proper notice of any action 

against or attachment of a vessel for which a general bond has 

been filed. Such bond or stipulation shall be indorsed by the 

clerk with a minute of the actions wherein process is so 

stayed. Further security may be required by the court at any 

time. 

If a special bond or stipulation is given in a particular case, 

the liability on the general bond or stipulation shall cease as 

to that case. 

(c) Release by Consent or Stipulation; Order of Court or Clerk; 

Costs. Any vessel, cargo, or other property in the custody of 

the marshal or other person or organization having the warrant may be released forthwith upon the marshal’s acceptance 

and approval of a stipulation, bond, or other security, signed 

by the party on whose behalf the property is detained or the 

party’s attorney and expressly authorizing such release, if all 

costs and charges of the court and its officers shall have first 

been paid. Otherwise no property in the custody of the marshal, other person or organization having the warrant, or 

other officer of the court shall be released without an order of 

the court; but such order may be entered as of course by the 

clerk, upon the giving of approved security as provided by law 

and these rules, or upon the dismissal or discontinuance of the 

action; but the marshal or other person or organization having 

the warrant shall not deliver any property so released until 

the costs and charges of the officers of the court shall first 

have been paid. 

(d) Possessory, Petitory, and Partition Actions. The foregoing 

provisions of this subdivision (5) do not apply to petitory, possessory, and partition actions. In such cases the property arrested shall be released only by order of the court, on such 

terms and conditions and on the giving of such security as the 

court may require. 

(6) REDUCTION OR IMPAIRMENT OF SECURITY. Whenever security is 

taken the court may, on motion and hearing, for good cause 

shown, reduce the amount of security given; and if the surety 

shall be or become insufficient, new or additional sureties may be 

required on motion and hearing. 

(7) SECURITY ON COUNTERCLAIM. 

(a) When a person who has given security for damages in the 

original action asserts a counterclaim that arises from the 

transaction or occurrence that is the subject of the original 

action, a plaintiff for whose benefit the security has been 

given must give security for damages demanded in the counterclaim unless the court, for cause shown, directs otherwise. 

Proceedings on the original claim must be stayed until this security is given, unless the court directs otherwise. 
111 FEDERAL RULES OF CIVIL PROCEDURE Rule F 

(b) The plaintiff is required to give security under Rule 

E(7)(a) when the United States or its corporate instrumentality counterclaims and would have been required to give security to respond in damages if a private party but is relieved by 

law from giving security. 

(8) RESTRICTED APPEARANCE. An appearance to defend against an 

admiralty and maritime claim with respect to which there has issued process in rem, or process of attachment and garnishment, 

may be expressly restricted to the defense of such claim, and in 

that event is not an appearance for the purposes of any other 

claim with respect to which such process is not available or has 

not been served. 

(9) DISPOSITION OF PROPERTY; SALES. 

(a) Interlocutory Sales; Delivery. 

(i) On application of a party, the marshal, or other person having custody of the property, the court may order 

all or part of the property sold—with the sales proceeds, or 

as much of them as will satisfy the judgment, paid into 

court to await further orders of the court—if: 

(A) the attached or arrested property is perishable, 

or liable to deterioration, decay, or injury by being detained in custody pending the action; 

(B) the expense of keeping the property is excessive 

or disproportionate; or 

(C) there is an unreasonable delay in securing release 

of the property. 

(ii) In the circumstances described in Rule E(9)(a)(i), the 

court, on motion by a defendant or a person filing a statement of interest or right under Rule C(6), may order that 

the property, rather than being sold, be delivered to the 

movant upon giving security under these rules. 

(b) Sales, Proceeds. All sales of property shall be made by the 

marshal or a deputy marshal, or by other person or organization having the warrant, or by any other person assigned by 

the court where the marshal or other person or organization 

having the warrant is a party in interest; and the proceeds of 

sale shall be forthwith paid into the registry of the court to 

be disposed of according to law. 

(10) PRESERVATION OF PROPERTY. When the owner or another person remains in possession of property attached or arrested under 

the provisions of Rule E(4)(b) that permit execution of process 

without taking actual possession, the court, on a party’s motion 

or on its own, may enter any order necessary to preserve the property and to prevent its removal. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 29, 1985, eff. 

Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 

1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 2006.) 

Rule F. Limitation of Liability 

(1) TIME FOR FILING COMPLAINT; SECURITY. Not later than six 

months after receipt of a claim in writing, any vessel owner may 

file a complaint in the appropriate district court, as provided in 

subdivision (9) of this rule, for limitation of liability pursuant to 

statute. The owner (a) shall deposit with the court, for the benefit 
Rule F FEDERAL RULES OF CIVIL PROCEDURE 112 

of claimants, a sum equal to the amount or value of the owner’s 

interest in the vessel and pending freight, or approved security 

therefor, and in addition such sums, or approved security therefor, 

as the court may from time to time fix as necessary to carry out 

the provisions of the statutes as amended; or (b) at the owner’s option shall transfer to a trustee to be appointed by the court, for 

the benefit of claimants, the owner’s interest in the vessel and 

pending freight, together with such sums, or approved security 

therefor, as the court may from time to time fix as necessary to 

carry out the provisions of the statutes as amended. The plaintiff 

shall also give security for costs and, if the plaintiff elects to give 

security, for interest at the rate of 6 percent per annum from the 

date of the security. 

(2) COMPLAINT. The complaint shall set forth the facts on the 

basis of which the right to limit liability is asserted and all facts 

necessary to enable the court to determine the amount to which 

the owner’s liability shall be limited. The complaint may demand 

exoneration from as well as limitation of liability. It shall state 

the voyage if any, on which the demands sought to be limited 

arose, with the date and place of its termination; the amount of 

all demands including all unsatisfied liens or claims of lien, in 

contract or in tort or otherwise, arising on that voyage, so far as 

known to the plaintiff, and what actions and proceedings, if any, 

are pending thereon; whether the vessel was damaged, lost, or 

abandoned, and, if so, when and where; the value of the vessel at 

the close of the voyage or, in case of wreck, the value of her 

wreckage, strippings, or proceeds, if any, and where and in whose 

possession they are; and the amount of any pending freight recovered or recoverable. If the plaintiff elects to transfer the plaintiff’s interest in the vessel to a trustee, the complaint must further show any prior paramount liens thereon, and what voyages or 

trips, if any, she has made since the voyage or trip on which the 

claims sought to be limited arose, and any existing liens arising 

upon any such subsequent voyage or trip, with the amounts and 

causes thereof, and the names and addresses of the lienors, so far 

as known; and whether the vessel sustained any injury upon or by 

reason of such subsequent voyage or trip. 

(3) CLAIMS AGAINST OWNER; INJUNCTION. Upon compliance by the 

owner with the requirements of subdivision (1) of this rule all 

claims and proceedings against the owner or the owner’s property 

with respect to the matter in question shall cease. On application 

of the plaintiff the court shall enjoin the further prosecution of 

any action or proceeding against the plaintiff or the plaintiff’s 

property with respect to any claim subject to limitation in the action. 

(4) NOTICE TO CLAIMANTS. Upon the owner’s compliance with subdivision (1) of this rule the court shall issue a notice to all persons 

asserting claims with respect to which the complaint seeks limitation, admonishing them to file their respective claims with the 

clerk of the court and to serve on the attorneys for the plaintiff 

a copy thereof on or before a date to be named in the notice. The 

date so fixed shall not be less than 30 days after issuance of the 

notice. For cause shown, the court may enlarge the time within 

which claims may be filed. The notice shall be published in such 

newspaper or newspapers as the court may direct once a week for 
113 FEDERAL RULES OF CIVIL PROCEDURE Rule F 

four successive weeks prior to the date fixed for the filing of 

claims. The plaintiff not later than the day of second publication 

shall also mail a copy of the notice to every person known to have 

made any claim against the vessel or the plaintiff arising out of 

the voyage or trip on which the claims sought to be limited arose. 

In cases involving death a copy of such notice shall be mailed to 

the decedent at the decedent’s last known address, and also to any 

person who shall be known to have made any claim on account of 

such death. 

(5) CLAIMS AND ANSWER. Claims shall be filed and served on or 

before the date specified in the notice provided for in subdivision 

(4) of this rule. Each claim shall specify the facts upon which the 

claimant relies in support of the claim, the items thereof, and the 

dates on which the same accrued. If a claimant desires to contest 

either the right to exoneration from or the right to limitation of 

liability the claimant shall file and serve an answer to the complaint unless the claim has included an answer. 

(6) INFORMATION TO BE GIVEN CLAIMANTS. Within 30 days after 

the date specified in the notice for filing claims, or within such 

time as the court thereafter may allow, the plaintiff shall mail to 

the attorney for each claimant (or if the claimant has no attorney 

to the claimant) a list setting forth (a) the name of each claimant, 

(b) the name and address of the claimant’s attorney (if the claimant is known to have one), (c) the nature of the claim, i.e., whether property loss, property damage, death, personal injury etc., and 

(d) the amount thereof. 

(7) INSUFFICIENCY OF FUND OR SECURITY. Any claimant may by 

motion demand that the funds deposited in court or the security 

given by the plaintiff be increased on the ground that they are 

less than the value of the plaintiff’s interest in the vessel and 

pending freight. Thereupon the court shall cause due appraisement to be made of the value of the plaintiff’s interest in the vessel and pending freight; and if the court finds that the deposit or 

security is either insufficient or excessive it shall order its increase or reduction. In like manner any claimant may demand 

that the deposit or security be increased on the ground that it is 

insufficient to carry out the provisions of the statutes relating to 

claims in respect of loss of life or bodily injury; and, after notice 

and hearing, the court may similarly order that the deposit or security be increased or reduced. 

(8) OBJECTIONS TO CLAIMS: DISTRIBUTION OF FUND. Any interested 

party may question or controvert any claim without filing an objection thereto. Upon determination of liability the fund deposited or secured, or the proceeds of the vessel and pending freight, 

shall be divided pro rata, subject to all relevant provisions of law, 

among the several claimants in proportion to the amounts of their 

respective claims, duly proved, saving, however, to all parties any 

priority to which they may be legally entitled. 

(9) VENUE; TRANSFER. The complaint shall be filed in any district in which the vessel has been attached or arrested to answer 

for any claim with respect to which the plaintiff seeks to limit liability; or, if the vessel has not been attached or arrested, then in 

any district in which the owner has been sued with respect to any 

such claim. When the vessel has not been attached or arrested to 

answer the matters aforesaid, and suit has not been commenced 
Rule G FEDERAL RULES OF CIVIL PROCEDURE 114 

against the owner, the proceedings may be had in the district in 

which the vessel may be, but if the vessel is not within any district and no suit has been commenced in any district, then the 

complaint may be filed in any district. For the convenience of 

parties and witnesses, in the interest of justice, the court may 

transfer the action to any district; if venue is wrongly laid the 

court shall dismiss or, if it be in the interest of justice, transfer 

the action to any district in which it could have been brought. If 

the vessel shall have been sold, the proceeds shall represent the 

vessel for the purposes of these rules. 

(As added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 2, 1987, eff. 

Aug. 1, 1987.) 

Rule G. Forfeiture Actions In Rem 

(1) SCOPE. This rule governs a forfeiture action in rem arising 

from a federal statute. To the extent that this rule does not address an issue, Supplemental Rules C and E and the Federal Rules 

of Civil Procedure also apply. 

(2) COMPLAINT. The complaint must: 

(a) be verified; 

(b) state the grounds for subject-matter jurisdiction, in rem 

jurisdiction over the defendant property, and venue; 

(c) describe the property with reasonable particularity; 

(d) if the property is tangible, state its location when any 

seizure occurred and—if different—its location when the action is filed; 

(e) identify the statute under which the forfeiture action is 

brought; and 

(f) state sufficiently detailed facts to support a reasonable 

belief that the government will be able to meet its burden of 

proof at trial. 

(3) JUDICIAL AUTHORIZATION AND PROCESS. 

(a) Real Property. If the defendant is real property, the government must proceed under 18 U.S.C. § 985. 

(b) Other Property; Arrest Warrant. If the defendant is not real 

property: 

(i) the clerk must issue a warrant to arrest the property 

if it is in the government’s possession, custody, or control; 

(ii) the court—on finding probable cause—must issue a 

warrant to arrest the property if it is not in the government’s possession, custody, or control and is not subject to 

a judicial restraining order; and 

(iii) a warrant is not necessary if the property is subject 

to a judicial restraining order. 

(c) Execution of Process. 

(i) The warrant and any supplemental process must be 

delivered to a person or organization authorized to execute 

it, who may be: (A) a marshal or any other United States 

officer or employee; (B) someone under contact with the 

United States; or (C) someone specially appointed by the 

court for that purpose. 

(ii) The authorized person or organization must execute 

the warrant and any supplemental process on property in 

the United States as soon as practicable unless: 
115 FEDERAL RULES OF CIVIL PROCEDURE Rule G 

(A) the property is in the government’s possession, 

custody, or control; or 

(B) the court orders a different time when the complaint is under seal, the action is stayed before the 

warrant and supplemental process are executed, or the 

court finds other good cause. 

(iii) The warrant and any supplemental process may be 

executed within the district or, when authorized by statute, outside the district. 

(iv) If executing a warrant on property outside the 

United States is required, the warrant may be transmitted 

to an appropriate authority for serving process where the 

property is located. 

(4) NOTICE. 

(a) Notice by Publication. 

(i) When Publication Is Required. A judgment of forfeiture may be entered only if the government has published 

notice of the action within a reasonable time after filing 

the complaint or at a time the court orders. But notice 

need not be published if: 

(A) the defendant property is worth less than $1,000 

and direct notice is sent under Rule G(4)(b) to every 

person the government can reasonably identify as a potential claimant; or 

(B) the court finds that the cost of publication exceeds the property’s value and that other means of notice would satisfy due process. 

(ii) Content of the Notice. Unless the court orders otherwise, the notice must: 

(A) describe the property with reasonable particularity; 

(B) state the times under Rule G(5) to file a claim 

and to answer; and 

(C) name the government attorney to be served with 

the claim and answer. 

(iii) Frequency of Publication. Published notice must appear: 

(A) once a week for three consecutive weeks; or 

(B) only once if, before the action was filed, notice of 

nonjudicial forfeiture of the same property was published on an official internet government forfeiture 

site for at least 30 consecutive days, or in a newspaper 

of general circulation for three consecutive weeks in a 

district where publication is authorized under Rule 

G(4)(a)(iv). 

(iv) Means of Publication. The government should select 

from the following options a means of publication reasonably calculated to notify potential claimants of the action: 

(A) if the property is in the United States, publication in a newspaper generally circulated in the district 

where the action is filed, where the property was 

seized, or where property that was not seized is located; 
Rule G FEDERAL RULES OF CIVIL PROCEDURE 116 

(B) if the property is outside the United States, publication in a newspaper generally circulated in a district where the action is filed, in a newspaper generally circulated in the country where the property is located, or in legal notices published and generally circulated in the country where the property is located; 

or 

(C) instead of (A) or (B), posting a notice on an official internet government forfeiture site for at least 30 

consecutive days. 

(b) Notice to Known Potential Claimants. 

(i) Direct Notice Required. The government must send 

notice of the action and a copy of the complaint to any 

person who reasonably appears to be a potential claimant 

on the facts known to the government before the end of 

the time for filing a claim under Rule G(5)(a)(ii)(B). 

(ii) Content of the Notice. The notice must state: 

(A) the date when the notice is sent; 

(B) a deadline for filing a claim, at least 35 days after 

the notice is sent; 

(C) that an answer or a motion under Rule 12 must 

be filed no later than 21 days after filing the claim; and 

(D) the name of the government attorney to be 

served with the claim and answer. 

(iii) Sending Notice. 

(A) The notice must be sent by means reasonably calculated to reach the potential claimant. 

(B) Notice may be sent to the potential claimant or 

to the attorney representing the potential claimant 

with respect to the seizure of the property or in a related investigation, administrative forfeiture proceeding, or criminal case. 

(C) Notice sent to a potential claimant who is incarcerated must be sent to the place of incarceration. 

(D) Notice to a person arrested in connection with an 

offense giving rise to the forfeiture who is not incarcerated when notice is sent may be sent to the address 

that person last gave to the agency that arrested or released the person. 

(E) Notice to a person from whom the property was 

seized who is not incarcerated when notice is sent may 

be sent to the last address that person gave to the 

agency that seized the property. 

(iv) When Notice Is Sent. Notice by the following means 

is sent on the date when it is placed in the mail, delivered 

to a commercial carrier, or sent by electronic mail. 

(v) Actual Notice. A potential claimant who had actual 

notice of a forfeiture action may not oppose or seek relief 

from forfeiture because of the government’s failure to send 

the required notice. 

(5) RESPONSIVE PLEADINGS. 

(a) Filing a Claim. 

(i) A person who asserts an interest in the defendant 

property may contest the forfeiture by filing a claim in 

the court where the action is pending. The claim must: 
117 FEDERAL RULES OF CIVIL PROCEDURE Rule G 

(A) identify the specific property claimed; 

(B) identify the claimant and state the claimant’s interest in the property; 

(C) be signed by the claimant under penalty of perjury; and 

(D) be served on the government attorney designated 

under Rule G(4)(a)(ii)(C) or (b)(ii)(D). 

(ii) Unless the court for good cause sets a different time, 

the claim must be filed: 

(A) by the time stated in a direct notice sent under 

Rule G(4)(b); 

(B) if notice was published but direct notice was not 

sent to the claimant or the claimant’s attorney, no 

later than 30 days after final publication of newspaper 

notice or legal notice under Rule G(4)(a) or no later 

than 60 days after the first day of publication on an official internet government forfeiture site; or 

(C) if notice was not published and direct notice was 

not sent to the claimant or the claimant’s attorney: 

(1) if the property was in the government’s possession, custody, or control when the complaint 

was filed, no later than 60 days after the filing, not 

counting any time when the complaint was under 

seal or when the action was stayed before execution of a warrant issued under Rule G(3)(b); or 

(2) if the property was not in the government’s 

possession, custody, or control when the complaint 

was filed, no later than 60 days after the government complied with 18 U.S.C. § 985(c) as to real 

property, or 60 days after process was executed on 

the property under Rule G(3). 

(iii) A claim filed by a person asserting an interest as a 

bailee must identify the bailor, and if filed on the bailor’s 

behalf must state the authority to do so. 

(b) Answer. A claimant must serve and file an answer to the 

complaint or a motion under Rule 12 within 21 days after filing 

the claim. A claimant waives an objection to in rem jurisdiction or to venue if the objection is not made by motion or 

stated in the answer. 

(6) SPECIAL INTERROGATORIES. 

(a) Time and Scope. The government may serve special interrogatories limited to the claimant’s identity and relationship 

to the defendant property without the court’s leave at any 

time after the claim is filed and before discovery is closed. But 

if the claimant serves a motion to dismiss the action, the government must serve the interrogatories within 21 days after 

the motion is served. 

(b) Answers or Objections. Answers or objections to these interrogatories must be served within 21 days after the interrogatories are served. 

(c) Government’s Response Deferred. The government need not 

respond to a claimant’s motion to dismiss the action under 

Rule G(8)(b) until 21 days after the claimant has answered 

these interrogatories. 
Rule G FEDERAL RULES OF CIVIL PROCEDURE 118 

(7) PRESERVING, PREVENTING CRIMINAL USE, AND DISPOSING OF

PROPERTY; SALES. 

(a) Preserving and Preventing Criminal Use of Property. When 

the government does not have actual possession of the defendant property the court, on motion or on its own, may enter 

any order necessary to preserve the property, to prevent its removal or encumbrance, or to prevent its use in a criminal offense. 

(b) Interlocutory Sale or Delivery. 

(i) Order to Sell. On motion by a party or a person having custody of the property, the court may order all or 

part of the property sold if: 

(A) the property is perishable or at risk of deterioration, decay, or injury by being detained in custody 

pending the action; 

(B) the expense of keeping the property is excessive 

or is disproportionate to its fair market value; 

(C) the property is subject to a mortgage or to taxes 

on which the owner is in default; or 

(D) the court finds other good cause. 

(ii) Who Makes the Sale. A sale must be made by a 

United States agency that has authority to sell the property, by the agency’s contractor, or by any person the 

court designates. 

(iii) Sale Procedures. The sale is governed by 28 U.S.C. 

§§ 2001, 2002, and 2004, unless all parties, with the court’s 

approval, agree to the sale, aspects of the sale, or different 

procedures. 

(iv) Sale Proceeds. Sale proceeds are a substitute res 

subject to forfeiture in place of the property that was sold. 

The proceeds must be held in an interest-bearing account 

maintained by the United States pending the conclusion of 

the forfeiture action. 

(v) Delivery on a Claimant’s Motion. The court may 

order that the property be delivered to the claimant pending the conclusion of the action if the claimant shows circumstances that would permit sale under Rule G(7)(b)(i) 

and gives security under these rules. 

(c) Disposing of Forfeited Property. Upon entry of a forfeiture 

judgment, the property or proceeds from selling the property 

must be disposed of as provided by law. 

(8) MOTIONS. 

(a) Motion To Suppress Use of the Property as Evidence. If the 

defendant property was seized, a party with standing to contest the lawfulness of the seizure may move to suppress use of 

the property as evidence. Suppression does not affect forfeiture of the property based on independently derived evidence. 

(b) Motion To Dismiss the Action. 

(i) A claimant who establishes standing to contest forfeiture may move to dismiss the action under Rule 12(b). 

(ii) In an action governed by 18 U.S.C. § 983(a)(3)(D) the 

complaint may not be dismissed on the ground that the 

government did not have adequate evidence at the time 

the complaint was filed to establish the forfeitability of 

the property. The sufficiency of the complaint is governed 

by Rule G(2). 
119 FEDERAL RULES OF CIVIL PROCEDURE Rule 1 

1Title is set out as presented for Congressional review; see House Document 117–110. Title appears 

as ‘‘Supplemental Rules for Social Security Review Actions Under 42 U.S.C. §405(g)’’ in the order 

of the Supreme Court, April 11, 2022, adopting these rules. 

(c) Motion To Strike a Claim or Answer. 

(i) At any time before trial, the government may move 

to strike a claim or answer: 

(A) for failing to comply with Rule G(5) or (6), or 

(B) because the claimant lacks standing. 

(ii) The motion: 

(A) must be decided before any motion by the claimant to dismiss the action; and 

(B) may be presented as a motion for judgment on 

the pleadings or as a motion to determine after a hearing or by summary judgment whether the claimant can 

carry the burden of establishing standing by a preponderance of the evidence. 

(d) Petition To Release Property. 

(i) If a United States agency or an agency’s contractor 

holds property for judicial or nonjudicial forfeiture under 

a statute governed by 18 U.S.C. § 983(f), a person who has 

filed a claim to the property may petition for its release 

under § 983(f). 

(ii) If a petition for release is filed before a judicial forfeiture action is filed against the property, the petition 

may be filed either in the district where the property was 

seized or in the district where a warrant to seize the property issued. If a judicial forfeiture action against the property is later filed in another district—or if the government 

shows that the action will be filed in another district—the 

petition may be transferred to that district under 28 U.S.C. 

§ 1404. 

(e) Excessive Fines. A claimant may seek to mitigate a forfeiture under the Excessive Fines Clause of the Eighth Amendment by motion for summary judgment or by motion made 

after entry of a forfeiture judgment if: 

(i) the claimant has pleaded the defense under Rule 8; 

and 

(ii) the parties have had the opportunity to conduct civil 

discovery on the defense. 

(9) TRIAL. Trial is to the court unless any party demands trial 

by jury under Rule 38. 

(As added Apr. 12, 2006, eff. Dec. 1, 2006; amended Mar. 26, 2009, eff. 

Dec. 1, 2009.) 

SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS 

UNDER 42 U.S.C. § 405(g) 1

Rule 1. Review of Social Security Decisions Under 42 U.S.C. § 405(g) 

(a) APPLICABILITY OF THESE RULES. These rules govern an action 

under 42 U.S.C. § 405(g) for review on the record of a final decision 

of the Commissioner of Social Security that presents only an individual claim. 

(b) FEDERAL RULES OF CIVIL PROCEDURE. The Federal Rules of 

Civil Procedure also apply to a proceeding under these rules, except to the extent that they are inconsistent with these rules. 
Rule 2 FEDERAL RULES OF CIVIL PROCEDURE 120 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 2. Complaint 

(a) COMMENCING ACTION. An action for review under these rules 

is commenced by filing a complaint with the court. 

(b) CONTENTS. 

(1) The complaint must: 

(A) state that the action is brought under § 405(g); 

(B) identify the final decision to be reviewed, including 

any identifying designation provided by the Commissioner 

with the final decision; 

(C) state the name and the county of residence of the 

person for whom benefits are claimed; 

(D) name the person on whose wage record benefits are 

claimed; and 

(E) state the type of benefits claimed. 

(2) The complaint may include a short and plain statement 

of the grounds for relief. 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 3. Service 

The court must notify the Commissioner of the commencement 

of the action by transmitting a Notice of Electronic Filing to the 

appropriate office within the Social Security Administration’s Office of General Counsel and to the United States Attorney for the 

district where the action is filed. If the complaint was not filed 

electronically, the court must notify the plaintiff of the transmission. The plaintiff need not serve a summons and complaint 

under Civil Rule 4. 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 4. Answer; Motions; Time 

(a) SERVING THE ANSWER. An answer must be served on the plaintiff within 60 days after notice of the action is given under Rule 

3. 

(b) THE ANSWER. An answer may be limited to a certified copy 

of the administrative record, and to any affirmative defenses 

under Civil Rule 8(c). Civil Rule 8(b) does not apply. 

(c) MOTIONS UNDER CIVIL RULE 12. A motion under Civil Rule 12 

must be made within 60 days after notice of the action is given 

under Rule 3. 

(d) TIME TO ANSWER AFTER A MOTION UNDER RULE 4(C). Unless 

the court sets a different time, serving a motion under Rule 4(c) 

alters the time to answer as provided by Civil Rule 12(a)(4). 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 5. Presenting the Action for Decision 

The action is presented for decision by the parties’ briefs. A 

brief must support assertions of fact by citations to particular 

parts of the record. 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 
121 FEDERAL RULES OF CIVIL PROCEDURE Rule 8 

Rule 6. Plaintiff’s Brief 

The plaintiff must file and serve on the Commissioner a brief for 

the requested relief within 30 days after the answer is filed or 30 

days after entry of an order disposing of the last remaining motion filed under Rule 4(c), whichever is later. 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 7. Commissioner’s Brief 

The Commissioner must file a brief and serve it on the plaintiff 

within 30 days after service of the plaintiff’s brief. 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 

Rule 8. Reply Brief 

The plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner’s brief. 

(As added Apr. 11, 2022, eff. Dec. 1, 2022.) 

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