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【法律法规】美国联邦民事诉讼规则(2023年12月修改)

295樓 啊啊是谁都对 2024-3-24 19:38
(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.
(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.)
296樓 啊啊是谁都对 2024-3-24 19:38
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.)
297樓 啊啊是谁都对 2024-3-24 19:45
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一but not duplicate一 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.)
298樓 啊啊是谁都对 2024-3-24 19:46
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.)
299樓 啊啊是谁都对 2024-3-24 19:46
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.)
300樓 啊啊是谁都对 2024-3-24 19:46
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.
301樓 啊啊是谁都对 2024-3-24 19:46
(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)一or on a minor or incompetent person in a judicial district of the United States一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:
(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.)
302樓 啊啊是谁都对 2024-3-24 19:46
APPENDIX OF FORMS[Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).]

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