(a) To What Proceedings Applicable.
(1) These rules do not apply to prize proceedings in admiralty governed by Title 10, U.S.C., §§ 7651–7681. They do apply to proceedings in bankruptcy to the extent provided by the Federal Rules of Bankruptcy Procedure.
(2) These rules are applicable to proceedings for admission to citizenship, habeas corpus, and quo warranto, to the extent that the practice in such proceedings is not set forth in statutes of the United States, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Proceedings, and has heretofore conformed to the practice in civil actions.
(3) In proceedings under Title 9, U.S.C., relating to arbitration, or under the Act of May 20, 1926, ch. 347, § 9 (44 Stat. 585), U.S.C., Title 45, § 159, relating to boards of arbitration of railway labor disputes, these rules apply only to the extent that matters of procedure are not provided for in those statutes. These rules apply to proceedings to compel the giving of testimony or production of documents in accordance with a subpoena issued by an officer or agency of the United States under any statute of the United States except as otherwise provided by statute or by rules of the district court or by order of the court in the proceedings.
(4) These rules do not alter the method prescribed by the Act of February 18, 1922, ch. 57, § 2 (42 Stat. 388), U.S.C., Title 7, § 292; or by the Act of June 10, 1930, ch. 436, § 7 (46 Stat. 534), as amended, U.S.C., Title 7, § 499g(c), for instituting proceedings in the United States district courts to review orders of the Secretary of Agriculture; or prescribed by the Act of June 25, 1934, ch. 742, § 2 (48 Stat. 1214), U.S.C., Title 15, § 522, for instituting proceedings to review orders of the Secretary of the Interior; or prescribed by the Act of February 22, 1935, ch. 18, § 5 (49 Stat. 31), U.S.C., Title 15, § 715d(c), as extended, for instituting proceedings to review orders of petroleum control boards; but the conduct of such proceedings in the district courts shall be made to conform to these rules so far as applicable.
(5) These rules do not alter the practice in the United States district courts prescribed in the Act of July 5, 1935, ch. 372, §§ 9 and 10 (49 Stat. 453), as amended, U.S.C., Title 29, §§ 159 and 160, for beginning and conducting proceedings to enforce orders of the National Labor Relations Board; and in respects not covered by those statutes, the practice in the district courts shall conform to these rules so far as applicable.
(6) These rules apply to proceedings for enforcement or review of compensation orders under the Longshoremen’s and Harbor Workers’ Compensation Act, Act of March 4, 1927, c. 509, §§ 18, 21 (44 Stat. 1434, 1436), as amended, U.S.C., Title 33, §§ 918, 921, except to the extent that matters of procedure are provided for in that Act. The provisions for service by publication and for answer in proceedings to cancel certificates of citizenship under the Act of June 27, 1952, c. 477, Title III, c. 2, § 340 (66 Stat. 260), U.S.C., Title 8, § 1451, remain in effect. [(7)] (Abrogated Apr. 30, 1951, eff. Aug. 1, 1951)
(b) Scire Facias and Mandamus. The writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules.
(c) Removed Actions. These rules apply to civil actions removed to the United States district courts from the state courts and govern procedure after removal. Repleading is not necessary unless the court so orders. In a removed action in which the defendant has not answered, the defendant shall answer or present the other defenses or objections available under these rules within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within 20 days after the service of summons upon such initial pleading, then filed, or within 5 days after the filing of the petition for removal, whichever period is longest. If at the time of removal all necessary pleadings have been served, a party entitled to trial by jury under Rule 38 shall be accorded it, if the party’s demand therefor is served within 10 days after the petition for removal is filed if the party is the petitioner, or if not the petitioner within 10 days after service on the party of the notice of filing the petition. A party who, prior to removal, has made an express demand for trial by jury in accordance with state law, need not make a demand after removal. If state law applicable in the court from which the case is removed does not require the parties to make express demands in order to claim trial by jury, they need not make demands after removal unless the court directs that they do so within a specified time if they desire to claim trial by jury. The court may make this direction on its own motion and shall do so as a matter of course at the request of any party. The failure of a party to make demand as directed constitutes a waiver by that party of trial by jury. [(d) District of Columbia; Courts and Judges.] (Abrogated Dec. 29, 1948, eff. Oct. 20, 1949)
(e) Law Applicable. Whenever in these rules the law of the state in which the district court is held is made applicable, the law applied in the District of Columbia governs proceedings in the United States District Court for the District of Columbia. When the word ‘‘state’’ is used, it includes, if appropriate, the District of Columbia. When the term ‘‘statute of the United States’’ is used, it includes, so far as concerns proceedings in the United States District Court for the District of Columbia, any Act of Congress locally applicable to and in force in the District of Columbia. When the law of a state is referred to, the word ‘‘law’’ includes the statutes of that state and the state judicial decisions construing them.
(f) References to Officer of the United States. Under any rule in which reference is made to an officer or agency of the United States, the term ‘‘officer’’ includes a district director of internal revenue, a former district director or collector of internal revenue, or the personal representative of a deceased district director or collector of internal revenue.
(As amended Dec. 28, 1939, eff. Apr. 3, 1941; Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 1951, eff. Aug. 1, 1951; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 1, 2002.)
added in current removed in current
Compared to current version (2025).
(a) To What Proceedings Applicable.
(1)Applicability to Particular Proceedings.
(1) Prize Proceedings. These rules do not apply to prize proceedings in admiralty governed by Title 10, U.S.C., §§ 7651-7681. They do apply to proceedings in bankruptcy
(2) Bankruptcy. These rules apply to bankruptcy proceedings to the extent provided by the Federal Rules of Bankruptcy Procedure.
(23) These rules are applicableCitizenship. These rules apply to proceedings for admission to citizenship, habeas corpus, and quo warranto, to the extent that the practice in suchthose proceedings is not set forth in statutes of the United States, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Proceedings, and has heretofore conformed to the practice in civil actions.
(3) In proceedings under Title 9, U.S.C., relating to arbitration, or under the Act of May 20, 1926, ch. 347, § 9 (44 Stat. 585), U.S.C., Title 45, § 159, relating to boards of arbitpecified in federal statutes and has previously conformed to the practice in civil actions. The provisions of 8 U.S.C. § 1451 for service by publication and for answer apply in proceedings to cancel citizenship certificates.
(4) Special Writs. These rules apply to proceedings for habeas corpus and for quo warranto to the extent that the praction of railway labor dispce in those proceedings:
(A) is not specified in a federal statutes, these r Rules apply only to the extent that matters of procedure are not provided for in those statutesGoverning Section 2254 Cases, or the Rules Governing Section 2255 Cases; and
(B) has previously conformed to the practice in civil actions.
(5) Proceedings Involving a Subpoena. These rules apply to proceedings to compel the giving of testimony or the production of documents in accordance witthrough a subpoena issued by an United States officer or agency of the United States under any statute of the United Statesunder a federal statute, except as otherwise provided by statute or, by local rules, of the districtr by court or by order ofin the court in the pproceedings.
(6) Other Proceedings.
(4) These rules do not alter the method prescribed by the Act of February 18, 1922, ch. 57, § 2 (42 Stat. 388), U.S.C., Title 7, § 292; or by the Act of June 10, 1930, ch. 436, § 7 (46 Stat. 534), as amended, U.S.C., Title 7, § 499g(c), for instituting proceedings in the United States district courts to review, to the extent applicable, govern proceedings under the following laws, except as these laws provide other procedures:
(A) 7 U.S.C. §§ 292, 499g(c), for reviewing an orders of the Secretary of Agriculture; or prescribed by the Act of June 25, 1934, ch. 742, § 2 (48 Stat. 1214), U.S.C., Title 15, § 522, for instituting proceedings to review
(B) 9 U.S.C., relating to arbitration;
(C) 15 U.S.C. § 522, for reviewing an orders of the Secretary of the Interior; or prescribed by the Act of February 22, 1935, ch. 18, § 5 (49 Stat. 31), U.S.C., Title 15, § 715d(c), as extended, for instituting proceedings to review orders of petroleum control boards; but the conduct of such proceedings in the district courts shall be made to conform to these rules so far as applicable.
(D) 15 U.S.C. § 715d(c), for reviewing an order denying a certificate of clearance;
(5E) These rules do not alter the practice in the United States district courts prescribed in the Act of July 5, 1935, ch. 372, §§ 9 and 10 (49 Stat. 453), as amended, U.S.C., Title 29,29 U.S.C. §§ 159 and, 160, for beginning and conducting proceedings to enforceenforcing an orders of the National Labor Relations Board; and in respects not covered by those statutes, the practice in the district courts shall conform to these rules so far as applicable.
(6F) These rules apply to proceedings33 U.S.C. §§ 918, 921, for enforcementing or review ofing a compensation orders under the Longshoremen’s and Harbor Workers’ Compensation Act, Act of March 4, 1927, c. 509, §§ 18, 21 (44 Stat. 1434, 1436), as amended, U.S.C., Title 33, §§ 918, 921, except to the extent that matters of procedure are provided for in that Act. The provisions for service by publication and for answer in proceedings to cancel certificates of citizenship under the Act of June 27, 1952, c. 477, Title III, c. 2, § 340 (66 Stat. 260), U.S.C., Title 8, § 1451, remain in effect. [(7)] (Abrogated Apr. 30, 1951, eff. Aug. 1, 1951); and
(G) 45 U.S.C. § 159, for reviewing an arbitration award in a railway-labor dispute.
(b) Scire Facias and Mandamus. The writs of scire facias and mandamus are abolished. Relief heretoforepreviously available by mandamus or scire faciasthrough them may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules.
(c) Removed Actions.
(1) Applicability. These rules apply to a civil actions removed to the United States district courts after it is removed from thea state courts and govern procedure a.
(2) Further Pleading. After removal. R, repleading is unot necessary unless the court so orders. In a removed action in which the it. A defendant haswho did not answered, the defendant shall before removal must answer or present the other defenses or objections available under these rules within 20the longest of these periods:
(A) 21 days after the receipt ving-through service or otherwise of -a copy of the initial pleading setating forth the claim for relief upon which the action or proceeding is based, or within 20 days after the service of summons upon such initial pleading, then filed, or within 5 days after the filing of the petition for removal, whichever period is longest. If at the time of removal all necessary pleadings have been served, a party entitled to trial by jury under Rule 38 shall be accorded it, if the party’s demand therefor is served within 10;
(B) 21 days after being served with the summons for an initial pleading on file at the time of service; or
(C) 7 days after the petition fornotice of removal is filed if the party is the petitioner, or if not the petitioner within 10 days after service on the party of the notice of filing the petition.
(3) Demand for a Jury Trial.
(A) As Affected by State Law. A party who, prior tobefore removal, has made an expressly demand for trial by juryed a jury trial in accordance with state law, need not make arenew the demand after removal. If the state law applicable in the court from which the case is removed does not require the parties to make express demands in order to claim trial by jury, thedid not require an express demand for a jury trial, a party need not make demandsone after removal unless the court directs that theyorders the parties to do so within a specified time if they desire to claim trial by jury. The court may make this direction on its own motion and shall do so as a matter of course at the request of any party. The failure of a party. The court must so order at a party’s request and may so order on its own. A party who fails to make a demand as directed constitutes a waiver by that party of trial by jury. [(d) District of Columbia; Courts and Judges.] (Abrogated Dec. 29, 1948, eff. Oct. 20, 1949)
(e) Law Applicable. Whenever in these rules the law of the state in which the district court is held is made applicable, the law appliwhen so ordered waives a jury trial.
(B) Under Rule 38. If all necessary pleadings have been served inat the District of Columbia governs proceedings in the Untime of removal, a party entitled States District Court for the District of Columbia. When the word ‘‘state’’ is used, it includes, if appropriate, the District of Columbia. When the term ‘‘statute of the United States’’ is used, it includes, so far as concerns proceedings in the United States District Court for the Distrto a jury trial under Rule 38 must be given one if the party serves a demand within 14 days after:
(i) it files a notice of removal; or
(ii) it is served with a noticte of Columbia, any Act of Congress locally applicable to and in force in the District of Columbia. When the law of a state is referred toremoval filed by another party.
(d) Law Applicable.
(1) ‘‘State Law’’ Defined. When these rules refer to state law, the wordterm ‘‘law’’ includes the statutes of that stae’s statutes and the state’s judicial decisions construing them.
(f2) References to Officer of the United States. Under any rule in which reference is made to an officer or agency of the United States, the term ‘‘officer’’ includes a district director of internal revenue, a former district director or collector of internal revenue, or the personal representative of a deceased district director or collector of internal revenue‘‘State’’ Defined. The term ‘‘state’’ includes, where appropriate, the District of Columbia and any United States commonwealth or territory.
(3) ‘‘Federal Statute’’ Defined in the District of Columbia. In the United States District Court for the District of Columbia, the term ‘‘federal statute’’ includes any Act of Congress that applies locally to the District.
(As amended Dec. 28, 1939, eff. Apr. 3, 1941; Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 1951, eff. Aug. 1, 1951; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)