This book was revised on September 9, 2018. Table of Contents DETAILED TABLE OF CONTENTS6 RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS 113 TITLE I. SCOPE OF RULES; FORM OF ACTION13 Rule 1. Scope and Purpose13 Rule 2. One Form of Action15 TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS15 Rule 3. Commencing an Action15 Rule 4. Summons16 Rule 4.1. Serving Other Process36 Rule 5. Serving and Filing Pleadings and Other Papers36 Rule 5.1. Constitutional Challenge to a Statute-Notice, Certification, and Intervention41 Rule 5.2. Privacy Protection For Filings Made with the Court42 Rule 6. Computing and Extending Time; Time for Motion Papers44 TITLE III. PLEADINGS AND MOTIONS49 Rule 7. Pleadings Allowed; Form of Motions and Other Papers49 Rule 7.1. Disclosure Statement50 Rule 8. General Rules of Pleading51 Rule 9. Pleading Special Matters53 Rule 10. Form of Pleadings55 Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions56 Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing60 Rule 13. Counterclaim and Crossclaim65 Rule 14. Third-Party Practice67 Rule 15. Amended and Supplemental Pleadings70 Rule 16. Pretrial Conferences; Scheduling; Management73 TITLE IV. PARTIES79 Rule 17. Plaintiff and Defendant; Capacity; Public Officers79 Rule 18. Joinder of Claims81 Rule 19. Required Joinder of Parties82 Rule 20. Permissive Joinder of Parties85 Rule 21. Misjoinder and Nonjoinder of Parties86 Rule 22. Interpleader86 Rule 23. Class Actions87 Rule 23.1. Derivative Actions100 Rule 23.2. Actions Relating to Unincorporated Associations101 Rule 24. Intervention101 Rule 25. Substitution of Parties103 TITLE V. DISCLOSURES AND DISCOVERY105 Rule 26. Duty to Disclose; General Provisions Governing Discovery107 Rule 27. Depositions to Perpetuate Testimony134 Rule 28. Persons Before Whom Depositions May Be Taken135 Rule 29. Stipulations About Discovery Procedure137 Rule 30. Depositions by Oral Examination138 Rule 31. Depositions by Written Questions145 Rule 32. Using Depositions in Court Proceedings146 Rule 33. Interrogatories to Parties149 Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes153 Rule 35. Physical and Mental Examinations157 Rule 36. Requests for Admission159 Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions162 TITLE VI. TRIALS171 Rule 38. Right to a Jury Trial; Demand171 Rule 39. Trial by Jury or by the Court172 Rule 40. Scheduling Cases for Trial172 Rule 41. Dismissal of Actions173 Rule 42. Consolidation; Separate Trials174 Rule 43. Taking Testimony175 Rule 44. Proving an Official Record177 Rule 44.1. Determining Foreign Law180 Rule 45. Subpoena182 Rule 46. Objecting to a Ruling or Order191 Rule 47. Selecting Jurors191 Rule 48. Number of Jurors; Verdict; Polling192 Rule 49. Special Verdict; General Verdict and Questions193 Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling194 Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error198 TITLE VII. JUDGMENT208 Rule 55. Default; Default Judgment212 Rule 56. Summary Judgment213 Rule 57. Declaratory Judgment218 Rule 58. Entering Judgment218 Rule 59. New Trial; Altering or Amending a Judgment221 Rule 60. Relief from a Judgment or Order222 Rule 61. Harmless Error224 Rule 62. Stay of Proceedings to Enforce a Judgment225 Rule 62.1. Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal227 Rule 63. Judge's Inability to Proceed227 TITLE VIII. PROVISIONAL AND FINAL REMEDIES228 Rule 64. Seizing a Person