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.

TABLE OF CONTENTS
Foreword
Authority for promulgation of rules
Historical note
RULES
TITLE I. SCOPE OF RULES; FORM OF ACTION
Rule 1. Scope and Purpose
Rule 2. One Form of Action
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS,
MOTIONS, AND ORDERS
Rule 3. Commencing an Action
Rule 4. Summons
Rule 4.1. Serving Other Process
Rule 5. Serving and Filing Pleadings and Other Papers
Rule 5.1. Constitutional Challenge to a Statute一Notice, Certification, and Intervention
Rule 5.2. Privacy Protection For Filings Made with the Court
Rule 6. Computing and Extending Time; Time for Motion Papers
TITLE III. PLEADINGS AND MOTIONS
Rule 7. Pleadings Allowed; Form of Motions and Other Papers
Rule 7.1. Disclosure Statement
Rule 8. General Rules of Pleading
Rule 9. Pleading Special Matters
Rule 10. Form of Pleadings
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Rule 13. Counterclaim and Crossclaim
Rule 14. Third-Party Practice
Rule 15. Amended and Supplemental Pleadings
Rule 16. Pretrial Conferences; Scheduling; Management
TITLE IV. PARTIES
Rule 17. Plaintiff and Defendant; Capacity; Public Officers
Rule 18. Joinder of Claims
Rule 19. Required Joinder of Parties
Rule 20. Permissive Joinder of Parties
Rule 21. Misjoinder and Nonjoinder of Parties
Rule 22. Interpleader
Rule 23. Class Actions
Rule 23.1. Derivative Actions
Rule 23.2. Actions Relating to Unincorporated Associations
Rule 24. Intervention
Rule 25. Substitution of Parties
TITLE V. DISCLOSURES AND DISCOVERY
Rule 26. Duty to Disclose; General Provisions Governing Discovery
Rule 27. Depositions to Perpetuate Testimony
Rule 28. Persons Before Whom Depositions May Be Taken
Rule 29. Stipulations About Discovery Procedure
Rule 30. Depositions by Oral Examination
Rule 31. Depositions by Written Questions
Rule 32. Using Depositions in Court Proceedings
Rule 33. Interrogatories to Parties
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
TITLE V. DISCLOSURES AND DISCOVERY—Continued
Rule 35. Physical and Mental Examinations
Rule 36. Requests for Admission
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
TITLE VI. TRIALS
Rule 38. Right to a Jury Trial; Demand
Rule 39. Trial by Jury or by the Court
Rule 40. Scheduling Cases for Trial
Rule 41. Dismissal of Actions
Rule 42. Consolidation; Separate Trials
Rule 43. Taking Testimony
Rule 44. Proving an Official Record
Rule 44.1. Determining Foreign Law
Rule 45. Subpoena
Rule 46. Objecting to a Ruling or Order
Rule 47. Selecting Jurors
Rule 48. Number of Jurors; Verdict; Polling
Rule 49. Special Verdict; General Verdict and Questions
Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error ..
Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings
Rule 53. Masters
TITLE VII. JUDGMENT
Rule 54. Judgment; Costs
Rule 55. Default; Default Judgment
Rule 56. Summary Judgment
Rule 57. Declaratory Judgment
Rule 58. Entering Judgment
Rule 59. New Trial; Altering or Amending a Judgment
Rule 60. Relief from a Judgment or Order
Rule 61. Harmless Error
Rule 62. Stay of Proceedings to Enforce a Judgment
Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
Rule 63. Judge's Inability to Proceed
TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Rule 64. Seizing a Person or Property
Rule 65. Injunctions and Restraining Orders
Rule 65.1. Proceedings Against a Security Provider
Rule 66. Receivers
Rule 67. Deposit into Court
Rule 68. Offer of Judgment
Rule 69. Execution
Rule 70. Enforcing a Judgment for a Specific Act
Rule 71. Enforcing Relief For or Against a Nonparty
TITLE IX. SPECIAL PROCEEDINGS
Rule 71.1. Condemning Real or Personal Property
Rule 72. Magistrate Judges: Pretrial Order
Rule 73. Magistrate Judges: Trial by Consent; Appeal
Rule 74. [Abrogated.]
Rule 75. [Abrogated.]
Rule 76. [Abrogated.]
TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS
Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment
Rule 78. Hearing Motions; Submission on Briefs
Rule 79. Records Kept by the Clerk
Rule 80. Stenographic Transcript as Evidence
TITLE XI. GENERAL PROVISIONS
Rule 81. Applicability of the Rules in General; Removed Actions
Rule 82. Jurisdiction and Venue Unaffected
Rule 83. Rules by District Courts; Judge's Directives
Rule 84. [Abrogated.]
TITLE XI. GENERAL PROVISIONS—Continued     
Rule 85. Title
Rule 86. Effective Dates
Rule 87. Civil Rules Emergency
APPENDIX OF FORMS
[Abrogated.]
SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
Rule A. Scope of Rules
Rule B. In Personam Actions: Attachment and Garnishment
Rule C. In Rem Actions: Special Provisions
Rule D. Possessory, Petitory, and Partition Actions
Rule E. Actions in Rem and Quasi in Rem: General Provisions
Rule F. Limitation of Liability
Rule G. Forfeiture Actions In Rem
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)
Rule 2. Complaint
Rule 3. Service
Rule 4. Answer; Motions; Time
Rule 5. Presenting the Action for Decision
Rule 6. Plaintiff's Brief
Rule 7. Commissioner's Brief
Rule 8. Reply Brief

RULES OF CIVIL PROCEDURE 

FOR THE
UNITED STATES DISTRICT COURTS

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

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一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一if unrepresented一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.
(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一or a copy of a summons that is addressed to multiple defendants一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一or at least 60 days if sent to the defendant outside any judicial district of the United States一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) 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一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一other than a minor, an incompetent person, or a person whose waiver has been filed一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一other than a minor, an incompetent person, or a person whose waiver has been filed一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 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).