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Index of Historic Documents

Bill of Rights and Later Amendments

Index to this page

Bill of Rights

Amendment 1 Freedoms, Petitions, Assembly
Amendment 2 Right to bear arms
Amendment 3 Quartering of soldiers
Amendment 4 Search and arrest
Amendment 5 Rights in criminal cases
Amendment 6 Right to a fair trial
Amendment 7 Rights in civil cases
Amendment 8 Bail, fines, punishment
Amendment 9 Rights retained by the People
Amendment 10 States' rights

Later Amendments

Amendment 11 Lawsuits against states
Amendment 12 Presidential elections
Amendment 13 Abolition of slavery
Amendment 14 Civil rights
Amendment 15 Black suffrage
Amendment 16 Income taxes
Amendment 17 Senatorial elections
Amendment 18 Prohibition of liquor
Amendment 19 Women's suffrage
Amendment 20 Terms of office
Amendment 21 Repeal of Prohibition
Amendment 22 Term Limits for the Presidency
Amendment 23 Washington, D.C., suffrage
Amendment 24 Abolition of poll taxes
Amendment 25 Presidential succession
Amendment 26 18-year-old suffrage
Amendment 27 Congressional pay raises

Original Ten Amendments: The Bill of Rights

Passed by Congress September 25, 1789.
Ratified December 15, 1791.

Amendment I

Freedoms, Petitions, Assembly
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

Right to bear arms
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

Quartering of soldiers
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

Search and arrest
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

Rights in criminal cases
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

Right to a fair trial
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

Amendment VII

Rights in civil cases
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Bail, fines, punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

Rights retained by the People
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Amendment X

States' rights
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Later Amendments

Amendment 11

Lawsuits against states
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
February 7, 1795.

Amendment 12

Presidential elections
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
June 15, 1804.
Superseded by Section 3 of the Twentieth Amendment.

Amendment 13

Abolition of slavery
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce these article by appropriate legislation.
December 6, 1865.

Amendment 14

Civil rights
Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
July 9, 1868.

Amendment 15

Black suffrage
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
February 3, 1870.

Amendment 16

Income taxes
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
February 3, 1913.

Amendment 17

Senatorial elections
The Senate of the United States shall be composed of two senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
April 8, 1913.

Amendment 18

Prohibition of liquor
Section 1. After one year from the ratification of this article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
January 16, 1919. Repealed by the Twenty-First, December 5, 1933.

Amendment 19

Women's suffrage
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any States on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
August 18, 1920.

Amendment 20

Terms of office
Section 1. The terms of the President and Vice President shall end at noon the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
January 23, 1933.

Amendment 21

Repeal of Prohibition
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
December 5, 1933.

Amendment 22

Term Limits for the Presidency
Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
February 27, 1951.

Amendment 23

Washington, D.C., suffrage
Section 1. The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
March 29, 1961.

Amendment 24

Abolition of poll taxes
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
January 23, 1964.

Amendment 25

Presidential succession
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
February 10, 1967.

Amendment 26

18-year-old suffrage
Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
June 30, 1971.

Amendment 27

Congressional pay raises
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
May 7, 1992. (Note: Congress submitted the text of this amendment as part of the proposed Bill of Rights on September 27, 1789. The Amendment was not ratified together with the first ten Amendments.)
HISTORIC DOCUMENTS
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Constitution of the United States
Bill of Rights


The following is a transcription of the first 10 amendments to the United States Constitution. Called the "Bill of Rights", these amendments were ratified on December 15, 1791. Each amendment's title is linked to a set of detailed annotations presented on the Findlaw website.

  1. Freedom of Speech, Press, Religion and Petition
  1. Right to keep and bear arms
  1. Conditions for quarters of soldiers
  1. Right of search and seizure regulated
  1. Provisons concerning prosecution
  1. Right to a speedy trial, witnesses, etc.
  1. Right to a trial by jury
  1. Excessive bail, cruel punishment
  1. Rule of construction of Constitution
  1. Rights of the States under Constitution



  1. Freedom of Speech, Press, Religion and Petition 

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
  1. Right to keep and bear arms 

    A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
  1. Conditions for quarters of soldiers 

    No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
  1. Right of search and seizure regulated 

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
  1. Provisons concerning prosecution 

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
  1. Right to a speedy trial, witnesses, etc. 

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
  1. Right to a trial by jury 

    In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
  1. Excessive bail, cruel punishment 

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  1. Rule of construction of Constitution 

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
  1. Rights of the States under Constitution 

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.



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Federal Rules of Civil Procedure

From Wikipedia, the free encyclopedia
For rules of civil procedure in each U.S. jurisdiction, see Civil procedure in the United States.
Civil procedure
in the United States
The Federal Rules of Civil Procedure (FRCP) govern civil procedure (i.e. for civil lawsuits) in United States district (federal) courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of procedure. (States may determine their own rules, which apply in state courts, although most states have adopted rules that are based on the FRCP.)
The Rules, established in 1938, replaced the earlier Field Code and common law pleading systems. Significant revisions have been made to the FRCP in 1948, 1963, 1966, 1970, 1980, 1983, 1987, 1993, 2000, and 2006. (The FRCP contains a notes section that details the changes of each revision since 1938, explaining the rationale behind the language). The revisions that took effect in December 2006 made practical changes to discovery rules to make it easier for courts and litigating parties to manage electronic records.
The FRCP were completely rewritten, effective December 1, 2007, under the leadership of a committee headed by law professor and editor of Black's Law Dictionary, Bryan A. Garner, for the avowed purpose of making them easier to understand. The style amendments were not intended to make substantive changes in the rules.[1]
Effective December 1, 2009 substantial amendments were made to rules 6, 12, 13, 14, 15, 23, 27, 32, 38, 48, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72 and 81. While rules 48 and 62.1 were added. Rule 1 (f) was abrogated. The majority of the amendments affect various timing requirements and change how some deadlines are calculated. The most significant changes are to Rule 6.
Before the FRCP were established, common-law pleading was more formal, traditional, and particular in its phrases and requirements. For example, a plaintiff bringing a trespass suit would have to mention certain key words in his complaint or risk having it dismissed with prejudice. In contrast, the FRCP is based upon a legal construction called notice pleading, which is less formal, is created and modified by legal experts, and is far less technical in requirements. In notice pleading, the same plaintiff bringing suit would not face dismissal for lack of the exact legal term, as long as the claim itself was legally actionable. The policy behind this change is to simply give "notice" of grievances and to leave the details for later in the case. This acts in the interest of equity by concentrating on the actual law rather than the exact construction of pleas.
Thirty-five states have adopted procedural codes based on the Federal Rules, but sometimes there are slight variations.
In addition to notice pleading, a minority of states (e.g., California) use an intermediate system known as code pleading, which is a system older than notice pleading and which is based upon legislative statute. It tends to straddle the gulf between obsolete common-law pleading and modern notice pleading. Code pleading places additional burdens on a party to plead the "ultimate facts" of its case, laying out the party's entire case and the facts or allegations underlying it. Notice pleading, by contrast, simply requires a "short and plain statement" showing only that the pleader is entitled to relief. (FRCP 8(a)(2)). One important exception to this rule is that, when a party alleges fraud, it must plead the facts of the alleged fraud with particularity. (FRCP 9(b)).
(The Field Code, which was adopted between 1848 and 1850, was an intermediate step between common law and modern rules, created by New York attorney David Dudley Field. Field's code, among other reforms, merged law and equity proceedings.)

Contents

  [hide] 

Chapters of Rules [edit]

There are 86 rules in the FRCP, which are grouped into 11 chapters. Listed below are the most commonly used categories and rules.

Chapter I - Scope of the FRCP [edit]

Rules 1 and 2.
Chapter I is a sort of "mission statement" for the FRCP; Rule 1 states that the rules "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action." Rule 2 unifies the procedure of law and equity in the federal courts by specifying that there shall be one form of action, the "civil action."

Chapter II - Commencement of Suits [edit]

Rules 3 to 6.
Chapter II covers commencement of civil suits and includes filing, summons, and service of process. Rule {{frcp|3} provides that a civil action is commenced by filing a complaint with the court. Rule 4 deals with procedure for issuance of asummons, when the complaint is filed, and for the service of the summons and complaint on the defendants. Rule 5 requires that all papers in an action be served on all parties and be filed with the court. Rule 6 deals with technical issues, which concern the computation of time, and authorizes the courts to extend certain deadlines in appropriate circumstances.

Chapter III - Pleadings and Motions [edit]

Rules 7 to 16.
Chapter III covers pleadings, motions, defenses, and counterclaims. The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer.
Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the plaintiff does not have to pre-guess the remedy most likely to be accepted by the court.
Rule 8(b) states that the defendant's answer must admit or deny every element of the plaintiff's claim.
Rule 8(c) requires that the defendant's answer must state any affirmative defenses.
Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more statements of a claim or defense alternatively or hypothetically." If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. A party may state inconsistent (even mutually exclusive) claims or defenses. See McCormick v. Kopmann, 23 Ill. app. 2d 189, 161 N.E.2d 720 (1959).
Rule 10 describes what information should be in the caption (the front page) of a pleading, but does not explain how such information should actually be organized in the caption. The FRCP is notoriously vague on how papers should be formatted. Most of the details missing from the FRCP are to be found in local rules promulgated by each district court and in general orders by each individual federal judge. For example, federal courts in most West Coast states require line numbers on the left margin on all filings (to match local practice in the courts of the states in which they sit), but most other federal courts do not.
Rule 11 requires all papers to be signed by the attorney (if party is represented). It also provides for sanctions against the attorney or client for harassment, frivolous arguments, or a lack of factual investigation. The purpose of sanctions is deterrent, not punitive. Courts have broad discretion about the exact nature of the sanction, which can include consent to in personam jurisdiction, fines, dismissal of claims, or dismissal of the entire case. The current version of Rule 11 is much more lenient than its 1983 version. Supporters of tort reform in Congress regularly call for legislation to make Rule 11 stricter.
Rule 12(b) describes pretrial motions that can be filed.
  1. lack of subject matter jurisdiction
  2. lack of personal jurisdiction
  3. improper venue
  4. insufficient process
  5. insufficient service of process
  6. failure to state a claim upon which relief can be granted; and
  7. failure to join a party under Rule 19
The Rule 12(b)(6) motion, which replaced the common law demurrer, is how lawsuits with insufficient legal theories underlying their cause of action are dismissed from court. For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955 (No. 05-1126) (2007) (citations, internal quotation marks and footnote omitted). 12(b)(6) is the second of three procedural "hurdles" a cause of action must surmount before it gets to a trial (the first are the two jurisdictional dismissals, found in 12 (b)(1) and (2), and the third is summary judgment, found in Rule 56). A 12(b)(6) motion cannot include additional evidence such as affidavits. To dispose of claims with insufficient factual basis (where the movant must submit additional facts to demonstrate the factual weakness in the plaintiff's case), a Rule 56 motion for summary judgment is used.
Rules 12(g) and 12(h) are also important because they state that if 12(b)(2)-12(b)(5) motions are not properly bundled together or included in an answer/allowable amendment to an answer, they are waived. Additionally, because 12(b)(1) motions are so fundamental, they may never be waived throughout the course of litigation, and 12(b)(6) and 12(b)(7) motions may be filed at any time until trial ends.
Rule 13 describes when a defendant is allowed or required to assert claims against other parties to the suit (joinder). The law encourages people to resolve all their differences as efficiently as possible; consequently, in many jurisdictions, counterclaims that arise out of the same transaction or occurrence (compulsory counterclaims) must be brought during the original suit, or they will be barred from future litigation (preclusion).
Rule 14 allows parties to bring in other third parties to a lawsuit.
Rule 15 allows pleadings to be amended or supplemented. Plaintiffs may amend once before an answer is filed, a defendant can amend once within 21 days of serving an answer, and if there is no right to amend, seek leave of court ("leave shall be given when justice so requires.")

Chapter IV - Parties [edit]

Rules 17 to 25. Rule 17 states that all actions must be prosecuted in the name of the real party in interest, that is, the plaintiff must be person or entity whose rights are at issue in the case.
Rule 18 - Joinder of Claims and Remedies - states that a plaintiff who may plead in a single civil action as many claims as the plaintiff has against a defendant, even if the claims are not related, and may request any remedy to which the law entitles the plaintiff. Of course, each claim must have its own basis for jurisdiction in the court in which it is brought or be subject to dismissal.
Rule 19 - Compulsory Joinder of Parties - if a person is who is not a party to the suit is "necessary" to just adjudication the action, under the criteria set forth in subsection (a), then upon motion of any party that person shall be made a party, served with suit, and required to participate in the action. If the person cannot be made a party for any reason, such as lack of jurisdiction, inability to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party is "indispensable". If so, the action must be dismissed.
Rule 20 Permissive Joinder of Parties. Joinder of parties at common law was controlled by the substantive rules of law, often as reflected in the forms of action, rather than by notions of judicial economy and trial convenience. Permissive joinder of plaintiffs allows the plaintiffs having an option to join their claims when they were not joint. (Ryder v. Jefferson Hotel Co.)
Rule 23 governs the procedure for class action litigation. In a class action, a single plaintiff or small group of plaintiffs seeks to proceed on behalf of an entire class who allegedly have been harmed by the same conduct by the same defendants. Court approval is required for this procedure to be used. Rule 23.1 governs derivative suits in which a plaintiff seeks to assert a right belonging to a corporation (or similar entity) in which the plaintiff is a shareholder, on behalf of the corporation that is not pursuing the claim itself. Rule 23.2 governs actions by or against unincorporated associations.

Chapter V - Discovery [edit]

Rules 26 to 37.
Chapter V covers the rules of discovery. Modern civil litigation is based upon the idea that the parties should not be subject to surprises at trial. Discovery is the process whereby civil litigants seek to obtain information both from other parties and from non parties (or third parties). Parties have a series of tools with which they can obtain information:
  1. Document requests: a party can seek documents and other real objects from parties and non parties
  2. Interrogatories: a party can require other parties to answer 25 questions
  3. Requests for admissions: A party can require other parties to admit or deny the truth of certain statements
  4. Depositions: A party can require at most 10 individuals or representatives of organizations to make themselves available for questioning for a maximum of one day of 7 hours, without obtaining leave of court.
Federal procedure also requires parties to divulge certain information without a formal discovery request, in contrast to many state courts where most discovery can only be had by request. Information covered by this initial disclosure is found in Rule 26(a)(1)(A), includes information about potential witnesses, information/copies about all documents that may be used in the party's claim (excluding impeachment material), computations of damages, and insurance information. Information about any expert witness testimony is also required.
Notable exceptions to the discovery rules include impeachment evidence/witnesses, "work product" (materials an attorney uses to prepare for the trial especially documents containing mental impressions, legal conclusions, or opinions of counsel), and experts who are used exclusively for trial prep and will not testify.
FRCP Rule 26 provides general guidelines to the discovery process, it requires the plaintiff to initiate a conference between the parties to plan the discovery process.[2] The parties must confer as soon as practicable after the complaint was served to the defendants — and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b). The parties should attempt to agree on the proposed discovery plan, and submit it to the court within 14 days after the conference.[2] The Discovery Plan must state the parties' proposals on subject of the discovery, limitations on discovery, case management schedule and timing deadlines for each stage of the discovery process, including:[2][3]
  • End-date of the discovery. This should be at least 60 days before the trial. The trial target date is usually 6 months to 2 years after the conference.
  • Amendments to the deadlines for filing pleadings under FRCP 7&15, if any.
  • Deadline for amending pleadings. Normally it is at least 30 days before the discovery ends.
  • Deadline for joining claims, remedies and parties (FRCP 18&19). Normally it is at least 30 days before the discovery ends.
  • Deadline for initial expert disclosures and rebuttal expert disclosures. Normally it is at least 30 days before the discovery ends.
  • Deadline for dispositive motions. Usually it is at least 30 days after the discovery end-date.
  • Deadline for Pre-trial order. If any dispositive motions are filed, the Joint Pretrial Order can be filed at least 30 days after the last decision on the merits.
Unless all parties agree otherwise, the parties should submit to each other the Initial Disclosures under Rule 26(a) within 14 days after the conference.[2] Only after the Initial Disclosures have been sent, the main discovery process begins which includes: depositions, interrogatories, request for admissions(RFA) and request for production of documents(RFP). As stated above, there is a limitation on number of interrogatories and depositions, but there is no limitation on RFAs and RFPs. Some states, like California, have different limitations set in their Local Rules. FRCP requires that the party to whom the request for Interrogatories, RFA or RFP is directed must respond in writing within 30 days after being served, otherwise the requestor can file a motion to compel discovery and for sanctions.

Chapter VI - Trial [edit]

Rules 38 to 53.
Chapter VI deals generally with the trial of civil actions, although some other topics are also included. Rules 38 and 39 deal with the parties' right to a trial by jury and the procedure for requesting a jury trial instead of a bench trial. These rules must be construed in light of the Seventh Amendment to the United States Constitution, which preserves a right to jury trial in most actions at common law (as opposed to equity cases). Rule 40 deals in general terms with the order in which cases will be scheduled for trial and has little significance in practice.
Rule 41 deals with dismissal of actions. An action may be voluntarily dismissed at any time by the plaintiff prior to the defendant's filing of an Answer or Motion for Summary Judgment.[4] In such an instance, the court retains jurisdiction only to award attorneys fees or costs (in rare circumstances). With certain exceptions (e.g. class actions), an action may also be dismissed at any time by agreement of the parties (e.g. when the parties reach a settlement). An action may also be involuntarily dismissed by the court if the plaintiff fails to comply with deadlines or court orders.
Rule 42 deals with consolidation of related cases or the holding of separate trials. Rule 43 addresses the taking of testimony, which is to be taken in open court whenever possible. Rule 44 governs authentication of official records.
Rule 45 deals with subpoenas. A subpoena commands a person to give testimony, to produce documents for inspection and copying, or both. Although included in the Chapter headed "trials," subpoenas can also be used to obtain document production or depositions of non-parties to the litigation during the pre-trial discovery stage.
Rule 46 provides that formal "exceptions" to court rulings are no longer necessary so long as a sufficient record is made of the objecting party's position.
The next several rules govern jury trials. Rule 47 provides for the selection of jurors and rule 48 governs the number of jurors in a civil case. A civil jury must consist of between six and twelve jurors (six jurors are presently used in the vast majority of federal civil trials; juries of twelve are still required in federal criminal cases). Rule 49 provides for use of "special verdicts" in jury trials, under which the jury may be asked to respond to specific questions rather than just finding liability or non-liability and determining the amount of the damages, if any. Rule 50 addresses situations in which a case is so one-sided that the court may grant "judgment as a matter of law" taking the case from the jury. Rule 51 governs jury instructions.
Rule 52 provides procedure for the judge to hand down findings and conclusions following non-jury trials. Rule 53 governs masters, who are typically lawyers designated by the court to act as neutrals and assist the court in a case.

Chapter VII - Judgment [edit]

Rules 54 to 63.
Rule 56 deals with summary judgment. It is considered the last gate-keeping function before trial, answering the question of whether the claim could even go to a jury. A successful summary judgment motion persuades the court there is no "genuine issue of material fact" and also that the moving party is "entitled to judgment as a matter of law."
The moving party can show that the disputed factual issues are illusory, can show a lack of genuine issue by producing affidavits or can make a showing through discovery. The movant can point either to the other side's inadequacies or can affirmatively negate the claim.
The moving party has the burden of production; it has to come up with some evidence that there's no genuine issue of material fact. Then the burden shifts to the non-moving party, which has to show that the claim is adequate to let it get to the jury. The non-movant can submit affidavits, depositions, and other material.
The burden shifts again to the moving party, which must say that there's still no genuine issue of material fact. A court grants summary judgment when there is no way the movant can lose at trial. When the moving party is the plaintiff, then it has to show that there's no way that a jury could find against it.
(A partial summary judgment usually pertains only to certain claims, not the whole case.)
Rule 50 also deals with judgments as a matter of law, however Rule 50 decisions take place after a jury has been empanelled. A motion under Rule 50(a) generally takes place immediately after the opposing party has finished presenting its case and must take place before the case is submitted to the jury. Importantly, to keep open the option of moving for a "judgment notwithstanding the verdict," or "judgment non obstante verdicto" after the jury has returned a verdict, one must file a Rule 50(a) motion. Under the Federal Rules of Civil Procedure, the two are not separate motions, the JNOV motion is simply a renewed Rule 50(a) motion. A renewed 50(a) motion must be filed within 10 days of verdict entry.
Rule 50 also covers motions for a new trial. These motions can be granted, denied, conditionally granted, or conditionally denied. Conditional grants or denials cover what will happen if the case is reversed on appeal. For instance, a case that ends with a successfully renewed Rule 50(a) motion to overturn the jury verdict may also include a conditional grant of a new trial. If the losing party wins their appeal, the trial will start over again. A motion for a new trial is a Rule 59(a)(1) motion and is generally filed simultaneously and as an alternative to a renewal of a Rule 50(a) motion.

Chapter VIII - Provisional and Final Remedies [edit]

Rules 64 to 71.
This Chapter deals with remedies that may be granted by a federal court - both provisional remedies that may be ordered while the action is pending as well as final relief that may be granted to the winning party at the end of the case.
Rule 64 is captioned "Seizure of Person or Property" and authorizes procedures such as Prejudgment attachment, replevin, and garnishment. In general, these remedies may be awarded when they would be authorized under the law of the state in which the federal court is located - a rare instance in which the Federal Rules of Civil Procedure, generally designed to promote uniformity of practice in the federal districts throughout the country, defer to state law.{{frcp| Rule 65 governs the procedure on applications for preliminary injunctions and temporary restraining orders.
Rule 65.1 addresses security and suretyship issues arising when the court orders a party to deposit security such as a bond. Rule 66 deals with receivership. Rule 67 deals with funds deposited in court, such as in interpleader actions. Rule 68 governs the offer of judgment procedure under which a party may make a confidential offer of settlement in an action for money damages. Rules 69 and 70 deal with execution of judgments and orders directing a party to take a specific act. Rule 71 deals with the effect of judgments on persons who are not parties to the action.

Chapter IX - Special Proceedings [edit]

Rules 71A to 76.
Chapter IX presently deals with special types of litigation that may take place in the federal courts. A former version of Chapter IX, contained in the original Rules of Civil Procedure, dealt with appeals from a District Court to a United States Court of Appeals. These rules were abrogated in 1967 when they were superseded by the Federal Rules of Appellate Procedure, a separate set of rules specifically governing the Courts of Appeals.
Rule 71A deals with procedure in condemnation actions.
Rule 72 sets forth procedures for matters before United States magistrate judges, including both "dispositive" and "nondispositive" matters, and provides for review of the magistrate judge's decision by a District Judge. Rule 73 provides that Magistrate Judges may preside over certain trials consistent with statute and upon the consent of all parties.
At present, there are no rules numbered 74 through 76.

See also [edit]

References [edit]

  1. ^ Committee Notes on Rules—2007 Amendment, Style Revisions
  2. ^ a b c d "FRCP Rule 26".
  3. ^ "NH DISCOVERY PLAN Guidelines".
  4. ^ Rule 41(A)(1)(a)(i)

External links [edit]

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