Federal Rules of Civil Procedure, 2004 Statutory Supplement

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By pairing the Federal Rules of Civil Procedure and the Judiciary Code with relevant cases, notes, and questions, this easy-to-use supplement has earned the respect of both instructors and students.

Equally useful with Stephen C. Yeazell's casebook or other materials in the field, Federal Rules of Civil Procedure: With Selected Statutes and Cases, 2004 Edition, facilitates teaching and learning through:

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Overview

By pairing the Federal Rules of Civil Procedure and the Judiciary Code with relevant cases, notes, and questions, this easy-to-use supplement has earned the respect of both instructors and students.

Equally useful with Stephen C. Yeazell's casebook or other materials in the field, Federal Rules of Civil Procedure: With Selected Statutes and Cases, 2004 Edition, facilitates teaching and learning through:

  • a convenient, index-tabbed format that helps the user locate specific information quickly
  • coverage of recent developments, cases, the latest Rules, and amended statutes
  • notes and questions to enhance class discussion
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Product Details

  • ISBN-13: 9780735550889
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 1/28/2004
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 384

Table of Contents

Preface xi
Federal Rules of Civil Procedure
I. Scope of Rules-one Form of Action
Rule 1. Scope and Purpose of Rules 1
Rule 2. One Form of Action 1
II. Commencement of Action; Service of Process, Pleadings, Motions, and Orders
Rule 3. Commencement of Action 1
Rule 4. Summons 1
Rule 4.1. Service of Other Process 6
Rule 5. Serving and Filing Pleadings and Other Papers 6
Rule 6. Time 7
III. Pleadings and Motions
Rule 7. Pleadings Allowed; Form of Motions 8
Rule 7.1. Disclosure Statement 9
Rule 8. General Rules of Pleading 9
Rule 9. Pleading Special Matters 10
Rule 10. Form of Pleadings 11
Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions 12
Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion -- Motion for Judgment on the Pleadings 13
Rule 13. Counterclaim and Cross-Claim 15
Rule 14. Third-Party Practice 16
Rule 15. Amended and Supplemental Pleadings 17
Rule 16. Pretrial Conferences; Scheduling; Management 19
IV. Parties
Rule 17. Parties Plaintiff and Defendant; Capacity 21
Rule 18. Joinder of Claims and Remedies 22
Rule 19. Joinder of Persons Needed for Just Adjudication 22
Rule 20. Permissive Joinder of Parties 23
Rule 21. Misjoinder and Non-Joinder of Parties 23
Rule 22. Interpleader 23
Rule 23. Class Actions 24
Rule 23.1. Derivative Actions by Shareholders 27
Rule 23.2. Actions Relating to Unincorporated Associations 27
Rule 24. Intervention 28
Rule 25. Substitution of Parties 28
V. Depositions and Discovery
Rule 26. General Provisions Governing Discovery; Duty of Disclosure 29
Rule 27. Depositions before Action or Pending Appeal 35
Rule 28. Persons before Whom Depositions May Be Taken 37
Rule 29. Stipulations Regarding Discovery Procedure 37
Rule 30. Depositions upon Oral Examination 38
Rule 31. Depositions upon Written Questions 41
Rule 32. Use of Depositions in Court Proceedings 42
Rule 33. Interrogatories to Parties 44
Rule 34. Production of Documents and Things and Entry upon Land for Inspection and Other Purposes 45
Rule 35. Physical and Mental Examination of Persons 45
Rule 36. Requests for Admission 46
Rule 37. Failure to Make Disclosure or Cooperate in Discovery; Sanctions 47
VI. Trials
Rule 38. Jury Trial of Right 50
Rule 39. Trial by Jury or by the Court 51
Rule 40. Assignment of Cases for Trial 51
Rule 41. Dismissal of Actions 51
Rule 42. Consolidation; Separate Trials 52
Rule 43. Taking of Testimony 52
Rule 44. Proof of Official Record 53
Rule 44.1. Determination of Foreign Law 54
Rule 45. Subpoena 54
Rule 46. Exceptions Unnecessary 56
Rule 47. Selection of Jurors 57
Rule 48. Number of Jurors--Participation In Verdict 57
Rule 49. Special Verdicts and Interrogatories 57
Rule 50. Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings 58
Rule 51. Instructions to Jury: Objection 59
Rule 52. Findings by the Court; Judgment on Partial Findings 60
Rule 53. Masters 61
VII. Judgment
Rule 54. Judgments; Costs 63
Rule 55. Default 64
Rule 56. Summary Judgment 65
Rule 57. Declaratory Judgments 66
Rule 58. Entry of Judgment 66
Rule 59. New Trials; Amendment of Judgments 67
Rule 60. Relief from Judgment or Order 68
Rule 61. Harmless Error 69
Rule 62. Stay of Proceedings to Enforce a Judgment 69
Rule 63. Inability of a Judge to Proceed 70
VIII. Provisional and Final Remedies
Rule 64. Seizure of Person or Property 70
Rule 65. Injunctions 71
Rule 65.1. Security: Proceedings against Sureties 72
Rule 66. Receivers Appointed by Federal Courts 72
Rule 67. Deposit in Court 72
Rule 68. Offer of Judgment 73
Rule 69. Execution 73
Rule 70. Judgment for Specific Acts; Vesting Title 73
Rule 71. Process in Behalf of and Against Persons not Parties 74
IX. Special Proceedings
Rule 71A. Condemnation of Property 74
Rule 72. Magistrate Judges; Pretrial Orders 78
Rule 73. Magistrate Judges; Trial by Consent and Appeal Options 79
Rule 74. [Abrogated] 79
Rule 75. [Abrogated] 79
Rule 76. [Abrogated] 79
X. District Courts and Clerks
Rule 77. District Courts and Clerks 79
Rule 78. Motion Day 80
Rule 79. Books and Records Kept by the Clerk and Entries Therein 80
Rule 80. Stenographer; Stenographic Report or Transcript as Evidence 81
XI. General Provisions
Rule 81. Applicability in General 81
Rule 82. Jurisdiction and Venue Unaffected 83
Rule 83. Rules by District Courts; Judge's Directives 83
Rule 84. Forms 84
Rule 85. Title 84
Rule 86. Effective Date 84
Appendix of Forms 85
Resources for Study
Advisory Committee Notes
1938 Advisory Committee 107
1948 Advisory Committee 109
1963 Advisory Committee 112
1966 Advisory Committee 114
1970 Advisory Committee 125
1971 Advisory Committee 143
1980 Advisory Committee 143
1983 Advisory Committee 144
1985 Advisory Committee 153
1987 Advisory Committee 154
1991 Advisory Committee 155
1993 Advisory Committee 161
1995 Advisory Committee 183
1996 Advisory Committee 184
2000 Advisory Committee 185
2001 Advisory Committee 190
2002 Advisory Committee 191
2003 Advisory Committee 192
Restatement (Second) of Judgments
Chapter 3. Former Adjudication: The Effects of a Judicial Judgment 205
Topic 1. General Rules Applicable to Judgments ([section] 13-16) 205
Topic 2. Personal Judgments ([section] 17-29) 209
Topic 3. Judgments Based on Jurisdiction Over Things or Over Status ([section] 30-32) 250
Topic 4. Declaratory Judgments ([section] 33) 258
Chapter 5. Relief From a Judgment 260
Topic 1. Relief Sought by a Party ([section] 65-74) 260
Model Rules of Transnational Civil Procedure
Jurisdiction, Joinder, and Venue 277
Pleading Stage 279
General Authority of the Court 284
Appellate and Subsequent Proceedings 288
United States Constitution 291
United States Code
Title 9 303
Title 28 307
Title 42 362
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