ISBN-10:
145485913X
ISBN-13:
2901454859139
Pub. Date:
07/07/2015
Publisher:
Wolters Kluwer Legal & Regulatory
Federal Rule Civil Procedure 2015-2016 Stat Supp W/Resource Study

Federal Rule Civil Procedure 2015-2016 Stat Supp W/Resource Study

by Subrin
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  • Product Details

    ISBN-13: 2901454859139
    Publisher: Wolters Kluwer Legal & Regulatory
    Publication date: 07/07/2015
    Edition description: Older Edition
    Pages: 488
    Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

    Table of Contents

    Preface and Acknowledgments xi

    Federal Rules of Civil Procedure

    I Scope of Rules; Form of Action

    Rule 1 Scope and Purpose 1

    Rule 2 One Form of Action 1

    II Commencing an Action; Service of Process, Pleadings, Motions, and Orders

    Rule 3 Commencing an Action 1

    Rule 4 Summons 1

    Rule 4.1 Serving Other Process 10

    Rule 5 Serving and Filing Pleadings and Other Papers 10

    Rule 5.1 Constitutional Challenge to a Statute-Notice, Certification, and Intervention 12

    Rule 5.2 Privacy Protection for Filings Made with the Court 13

    Rule 6 Computing and Extending Time; Time for Motion Papers 14

    III Pleadings and Motions

    Rule 7 Pleadings Allowed; Form of Motions and Other Papers 16

    Rule 7.1 Disclosure Statement 17

    Rule 8 General Rules of Pleading 17

    Rule 9 Pleading Special Matters 19

    Rule 10 Form of Pleadings 20

    Rule 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions 21

    Rule 12 Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing 22

    Rule 13 Counterclaim and Crossclaim 25

    Rule 14 Third-Party Practice 26

    Rule 15 Amended and Supplemental Pleadings 27

    Rule 16 Pretrial Conferences; Scheduling; Management 29

    IV Parties

    Rule 17 Plaintiff and Defendant; Capacity; Public Officers 32

    Rule 18 Joinder of Claims 34

    Rule 19 Required Joinder of Parties 34

    Rule 20 Permissive Joinder of Parties 35

    Rule 21 Misjoinder and Nonjoinder of Parties 36

    Rule 22 Interpleader 36

    Rule 23 ClassActions 36

    Rule 23.1 Derivative Actions 40

    Rule 23.2 Actions Relating to Unincorporated Associations 41

    Rule 24 Intervention 41

    Rule 25 Substitution of Parties 42

    V Disclosures and Discovery

    Rule 26 Duty to Disclose; General Provisions Governing Discovery 43

    Rule 27 Depositions to Perpetuate Testimony 54

    Rule 28 Persons Before Whom Depositions May Be Taken 55

    Rule 29 Stipulations about Discovery Procedure 56

    Rule 30 Depositions by Oral Examination 56

    Rule 31 Depositions by Written Questions 61

    Rule 32 Using Depositions in Court Proceedings 62

    Rule 33 Interrogatories to Parties 65

    Rule 34 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes 66

    Rule 35 Physical and Mental Examinations 68

    Rule 36 Requests for Admission 69

    Rule 37 Failure to Make Disclosures or to Cooperate in Discovery; Sanctions 70

    VI Trials

    Rule 38 Right to a Jury Trial; Demand 75

    Rule 39 Trial by Jury or by the Court 75

    Rule 40 Scheduling Cases for Trial 76

    Rule 41 Dismissal of Actions 76

    Rule 42 Consolidation; Separate Trials 77

    Rule 43 Taking Testimony 77

    Rule 44 Proving an Official Record 78

    Rule 44.1 Determining Foreign Law 79

    Rule 45 Subpoena 79

    Rule 46 Objecting to a Ruling or Order 84

    Rule 47 Selecting Jurors 84

    Rule 48 Number of Jurors; Verdict; Polling 84

    Rule 49 Special Verdict; General Verdict and Questions 85

    Rule 50 Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling 86

    Rule 51 Instructions to the Jury; Objections; Preserving a Claim of Error 87

    Rule 52 Findings and Conclusions by the Court; Judgment on Partial Findings 88

    Rule 53 Masters 89

    VII Judgment

    Rule 54 Judgment; Costs 91

    Rule 55 Default; Default Judgment 93

    Rule 56 Summary Judgment 94

    Rule 57 Declaratory Judgment 95

    Rule 58 Entering Judgment 96

    Rule 59 New Trial; Altering or Amending a Judgment 97

    Rule 60 Relief from a Judgment or Order 98

    Rule 61 Harmless Error 99

    Rule 62 Stay of Proceedings to Enforce a Judgment 99

    Rule 62.1 Indicative Ruling on a Motion for Relief That is Barred By a Pending Appeal 100

    Rule 63 Judge's Inability to Proceed 101

    VIII Provisional and Final Remedies

    Rule 64 Seizing a Person or Property 101

    Rule 65 Injunctions and Restraining Orders 102

    Rule 65.1 Proceedings against a Surety 103

    Rule 66 Receivers 104

    Rule 67 Deposit into Court 104

    Rule 68 Offer of Judgment 104

    Rule 69 Execution 105

    Rule 70 Enforcing a Judgment for a Specific Act 105

    Rule 71 Enforcing Relief for or Against a Nonparty 106

    IX Special Proceedings

    Rule 71.1 Condemning Real or Personal Property 106

    Rule 72 Magistrate Judges; Pretrial Order 111

    Rule 73 Magistrate Judges; Trial by Consent: Appeal 111

    Rule 74 [Abrogated] 112

    Rule 75 [Abrogated] 112

    Rule 76 [Abrogated] 112

    X District Courts and Clerks Conducting Business; Issuing Orders

    Rule 77 Conducting Business; Clerk's Authority; Notice of an Order or Judgment 112

    Rule 78 Hearing Motions; Submission on Briefs 113

    Rule 79 Records Kept by the Clerk 113

    Rule 80 Stenographic Transcript as Evidence 114

    XI General Provisions

    Rule 81 Applicability of the Rules in General; Removed Actions 115

    Rule 82 Jurisdiction and Venue Unaffected 116

    Rule 83 Rules by District Courts; Judge's Directives 117

    Rule 84 Forms 117

    Rule 85 Title 117

    Rule 86 Effective Dates 118

    Appendix of Forms 119

    Resources for Study

    Advisory Committee Notes

    1938 135

    1948 136

    1963 136

    1966 138

    1970 150

    1971 165

    1980 166

    1983 167

    1985 172

    1991 173

    1993 176

    1995 201

    2000 202

    2003 204

    2006 214

    2009 222

    2010 222

    Restatement (Second) of Judgments 227

    Ali/Unidroit Rules of Transnational Civil Procedure

    Interpretation and Scope 263

    Jurisdiction, Joinder, and Venue 263

    Pleading Stage 265

    General Authority of the Court 268

    Evidence 271

    United States Constitution 275

    United States Code

    Title 9 287

    Title 28 293

    Title 42 359

    State Long-Arm Statutes

    California 361

    Connecticut 361

    Florida 361

    Illinois 362

    Louisiana 364

    Massachusetts 364

    Nevada 365

    New York 365

    Ohio 366

    State Venue Statutes

    California 369

    Connecticut 371

    Massachusetts 373

    Nevada 375

    New York 376

    North Carolina 378

    Recent Cases

    Atlantic Marine Constr. Co. v. U.S. Dist. Ct. 381

    B&B Hardware, Inc. v. Hargis Industries, Inc 391

    Daimler AG v. Bauman 404

    Dart Cherokee Basin Operating Co., LLC v. Owens 427

    Gunn v. Minton 432

    Johnson v. City of Shelby 439

    Kiobel v. Royal Dutch Petroleum Co 441

    Tolan v. Cotton 458

    Walden v. Fiore 465

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