Federal Rules of Civil Procedure
Merge Equity and Common Law:
Once you’ve located your local District courthouse, find the pro se self-help section for your local district. Here are just a few from various courthouses:
Northern District of California www.cand.uscourts.gov/prosehandbook
District of North Dakota www.ndd.uscourts.gov/lci/pro_se.pdf
Iowa Judicial Branch
www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/How_to_Represent_Yourself/
U.S. Court of Federal Claims:
www.uscfc.uscourts.gov/pro-se-information
What you will find within most pro se self-help sections is that the courts recommend Black’s Law Dictionary or Ballantine’s Law Dictionary. Therefore, those are the dictionaries we used to build this website — definitions are found linked throughout the rules. The links also include blank court forms from UScourts.gov embedded into their corresponding rules in order to make navigating “how to file a civil action” simpler.
Below, each section of the of The Rules contains a short summary beneath them. Rules which state “Nothing Functional” do not have any forms associated with them. Rules which have “Step One Filing” are filed first (so be sure not to miss any “step one” rules when filing your first set of paperwork!). Rules which have “Step Two Filing” are filed next — and so on.
Click on any of the below rules to find a concise summary of the rule, related legal term definitions, & corresponding court forms, followed by the rule in its entirety. The rest should be self-explanatory. This work is being brought to you by Wild Willpower.
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
Title VII – Judgment:
Rule 55 – Default; Default Judgment
Rule 57 – Declaratory Judgment
Rule 59 – New Trial; Altering or Amending a Judgment
Rule 60 – Relief from a Judgment or Order
Rule 62 – Stay of Proceedings to Enforce a Judgment
Rule 62.1 – Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
Rule 63 – Judge’s Inability to Proceed
Title VIII- Provisional & Final Remedies:
Rule 64 – Seizing a Person or Property
Rule 65 – Injunctions and Restraining Orders
Rule 65.1 – Proceedings Against a Surety
Rule 70 – Enforcing a Judgment for a Specific Act
Rule 71 – Enforcing Relief For or Against a Nonparty
Title IX – Special Proceedings:
Rule 71.1 – Condemning Real or Personal Property
Rule 72 – Magistrate Judges: Pretrial Order
Rule 73 – Magistrate Judges: Trial by Consent; Appeal
Title X- District Courts & Clerks: Conducting Business; Issuing Orders:
Rule 77 – Conducting Business; Clerk’s Authority; Notice of an Order or Judgment
Rule 78 – Hearing Motions; Submission on Briefs
Rule 79 – Records Kept by the Clerk
Rule 80 – Stenographic Transcript as Evidence
Title XI – General Provisions:
Rule 81– Applicability of the Rules in General; Removed Actions
Rule 82 – Jurisdiction and Venue Unaffected
Rule 83 – Rules by District Courts; Judge’s Directives
Rule 84 – Forms – This rule was abrogated on December 1, 2015.
XII – Appendix of Forms (U.S. Courts site) – This rule was abrogated on December 1, 2015.
XIII – Supplemental Rules for Admiralty or Maritime Claims & Asset Forfeiture Actions:
Rule B – In Personam Actions: Attachment and Garnishment
Rule C – In Rem Actions: Special Provisions
Rule D – Possessory, Petitory, and Partition Actions
Rule E – Actions in Rem and Quasi in Rem: General Provisions
Rule F – Limitation of Liability
Rule G – Forfeiture Actions in Rem
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Federal Rules of Criminal Procedure
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Quote Source: “Abraham Lincoln, [September 16-17, 1859] (Notes for Speech in Kansas and Ohio),” Page 2.
[1]: Federal Judicial Center, “Federal Rules of Civil Procedure Merge Equity and Common Law”: https://www.fjc.gov/history/timeline/federal-rules-civil-procedure-merge-equity-and-common-law