Go Back to the United States Federal Court Guide and Directory
The following is a digest of selected provisions of the Federal Rules of Civil Procedure. This digest is intended as a convenient desktop reference. Practitioners who must rely upon the specific language or operation of a particular section are urged to consult the official text in its entirety.
The Federal Rules of Civil Procedure are amended regularly, and the most recent amendments must be reviewed. Potential Rules changes that may take effect in December 2015 include changes in timing, e-discovery and sanctions.
All parenthetical references are to the Federal Rules of Civil Procedure unless otherwise indicated.
ADMISSIONS
A party may serve upon any other party a written request to admit the truth of any matters within the scope of discovery. A matter is deemed admitted unless, within 30 days of service, the party to whom the request was directed serves a written specific denial or objection addressed to the matter. Requests may not be served until after the initial conference of counsel required by Rule 26 (f).(Rule 36)
ANSWER Affirmative Defenses
The following affirmative defenses to a claim must be set forth in the responsive pleading, such as an answer or the reply to a counterclaim: absence of personal jurisdiction, absence of subject matter jurisdiction, accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppels, failure of consideration, failure to state a claim, fraud, illegality, improper venue, improper joiner, injury by fellow servant, insufficiency of service of process, insufficiency of process, larches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver or any other matter constituting an avoidance or affirmative defense. (Rule 8 (c))
Defenses
The following defenses may be raised by motion prior to the filing of an answer or other responsive pleading: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, failure to join a party under Rule 19. Failure to preserve a defense of lack of personal jurisdiction, improper venue, insufficiency of process or insufficiency of service of process, by motion or pleading, waives such defense. (Rule 12 (b))
Time to Answer in Removed Action
In an action removed from state court to district court, the defendant shall serve his or her answer or present defenses or objections within 21 days after receiving the pleading stating the claim; or within 21 days after being served with the summons upon which the pleading is based; or within 7 days after the notice of removal is filed, whichever period is longest. (Rule 81 (c))
Time with Motion
If a motion is the response to the pleading seeking relief and the motion is denied or postponed until trial, the responsive pleading shall be served within 14 days after notice of the court's action. (Rule 12 (a))
Time without Motion
An answer shall be served within 21 days after being served with the summons and complaint, unless case is removed. Answers to cross-claims, and replies to counterclaims shall also be served within 21 days. The United States or its officer or agency, as a party, even if the federal officer is sued in an individual capacity, shall have 60 days to serve a responsive pleading after service. If service of summons has been waived, pursuant to Rule 4(d), a defendant must respond within 60 days after date of request for waiver (or 90 days if such request was mailed outside the United States). (Rule 12 (a))
APPEALS
Procedure
An appeal permitted by law of right from a district court to a court of appeals shall be taken by filing a notice of appeal within 30 days (60 days if the United States, or its officer or agency, is a party to the action) of entry of order or judgment appealed from with the clerk of the district court. (Fed. Rules of App. Proc., Rules 3 and 4)
Appeals from Magistrate Judge
A party objecting to an order by a magistrate judge on a discovery motion, or other motion that would not dispose of a claim or defense, must file and serve an appeal within 14 days after being served with a copy of tne order. If no appeal is filed and served, the ruling cannot be raised as error in subsequent proceedings. (Rule 72(a))
Any objections to a report and recommendation of a magistrate judge regarding a matter that could dispose of a claim must be filed and served within 14 days after being served with a copy of the report and recommendation. If no objections are filed with the district court, the report generally will be adopted as a binding order by the district judge. (Rule 72(b))
Stay on Appeal
An appellant may obtain a stay upon appeal by giving a super sedeas bond. The United States, as appellant, need not give such a bond or other security. (Rule 62 (d) and (e))
ATTACHMENT, SEIZURE, ARREST- PROVISIONAL REMEDIES
At the commencement of and during the course of an action, all remedies providing for seizure of person or property are available under the law of the state where the court is located. (Rule 64) See INJUNCTIONS section, below.
CLASS ACTIONS
The four prerequisites to maintaining a class action are that (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. (Rule 23 (a))
COMMENCEMENT OF ACTION
A federal civil action is commenced by filing a Complaint with the court. (Rule 3). The current filing fee is $350.00, plus a $50.00 supplement. See PLEADINGS section, below.
COUNTERCLAIMS
Compulsory
A responding party must state, as a counterclaim in his or her responsive pleading, any claim against the opposing party which arises out of the same transaction or occurrence that is the subject matter of the opposing party's claim, unless doing so requires the presence of third parties over whom the court cannot acquire jurisdiction or such counterclaim was pending in another action at the time the instant action was commenced. (Rule 13 (a))
Permissive
A pleading may state, as a counterclaim, any claim against an opposing party that is not compulsory. (Rule 13 (b)).
Go Back to the United States Federal Court Guide and Directory
