Title I- Scope of Rules; Form of Action:
Nothing Functional– explains that Fed. Rules Civil Procedure govern all Civil Cases in all U.S. Federal District Courts.
Nothing Functional– explains that the 11 Forms of Action that were historically used for Common Law have been condensed & simplified into the modern “Civil Action”.
Title II– Commencing an Action; Service of Process; Pleadings, Motions, & Orders:
“In Forma Pauperis” – Court Fee Waivers for Impoverished Persons including Inmates
Step One Filing – for low income or impoverished persons, including inmates, who need to have court fees waived.
Step One Filing – this section includes the Civil Complaint form used to commence a civil action.
Rule 4 – Summons & Other Process
Step Two and Three Filings – Send the Defendant(s) one signed Notice of Lawsuit & Request to Waive Service Form and two Waiver of the Service Forms along with one copy of the Complaint & a stamped, self-addressed envelope. Each Defendant who fails to Waive the Service & Promise to Appear (explained in previous forms) must be sent a Summons form that is signed & sealed by the Court. Read full rule.
Next steps to be simplified soon.
Rule 5 – Serving and Filing Pleadings and Other Papers
Rule 5.1 – Constitutional Challenge to a Statute
Rule 5.2 – Privacy Protection for Filings Made with the Court
Rule 6 – Computing and Extending Time; Time for Motion Papers
Title III- Pleadings & 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 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
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 19 – Required Joinder of Parties
Rule 20 – Permissive Joinder of Parties
Rule 21 – Misjoinder and Nonjoinder of Parties
Rule 23.1 – Derivative Actions
Rule 23.2 – Actions Relating to Unincorporated Associations
Rule 25 – Substitution of Parties
Title V – Disclosures & 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 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 44 – Proving an Official Record
Rule 44.1 – Determining Foreign Law
Rule 46 – Objecting to a Ruling or Order
Rule 48 – Number of Jurors; Verdict; Polling
Rule 49 – Special Verdict; General Verdict and Questions
Rule 51 – Instructions to the Jury; Objections; Preserving a Claim of Error
Rule 52 – Findings and Conclusions by the Court; Judgment on Partial Findings
Next Section: Fed. Rules Civil Proc. Titles VII through Title XIII
Quote Source: “Abraham Lincoln, [September 16-17, 1859] (Notes for Speech in Kansas and Ohio),” Page 2.