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美国法院联邦法院民事诉讼规则及相关法律文书格式  

2012-12-02 12:43:04|  分类: 默认分类 |  标签: |举报 |字号 订阅

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Federal Rules of Civil Procedure

(As amended to December 1, 2010)

http://www.law.cornell.edu/rules/frcp/

  • RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS
  • TITLE I. SCOPE OF RULES; FORM OF ACTION
  • TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
    • Rule 3. Commencing an Action
    • Rule 4. Summons
    • Rule 4.1. Serving Other Process
    • Rule 5. Serving and Filing Pleadings and Other Papers
    • Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention
    • Rule 5.2. Privacy Protection For Filings Made with the Court
    • Rule 6. Computing and Extending Time; Time for Motion Papers
  • TITLE III. PLEADINGS AND 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 10. Form of Pleadings
    • Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
    • Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
    • 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
  • TITLE V. DISCLOSURES AND 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 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
    • 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 43. Taking Testimony
    • Rule 44. Proving an Official Record
    • Rule 44.1. Determining Foreign Law
    • Rule 45. Subpoena
    • Rule 46. Objecting to a Ruling or Order
    • Rule 47. Selecting Jurors
    • Rule 48. Number of Jurors; Verdict; Polling
    • Rule 49. Special Verdict; General Verdict and Questions
    • Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
    • Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error
    • Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings
    • Rule 53. Masters
  • TITLE VII. JUDGMENT
    • Rule 54. Judgment; Costs
    • Rule 55. Default; Default Judgment
    • Rule 56. Summary Judgment
    • Rule 57. Declaratory Judgment
    • Rule 58. Entering Judgment
    • Rule 59. New Trial; Altering or Amending a Judgment
    • Rule 60. Relief from a Judgment or Order
    • Rule 61. Harmless Error
    • 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 AND FINAL REMEDIES
  • 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
    • Rule 74. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
    • Rule 75. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
    • Rule 76. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
    • [Rule 71A. Renumbered Rule 71.1]
  • TITLE X. DISTRICT COURTS AND 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
    • Rule 85. Title
    • Rule 86. Effective Dates
  • XII. APPENDIX OF FORMS (U.S. Courts site)
  • XIII. SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET FORFEITURE ACTIONS
    • Rule A. Scope of Rules
    • 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



Illustrative Civil Rules Forms

http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/RulesAndForms/IllustrativeCivilRulesForms.aspx


Official Forms: The illustrative civil rules forms are officially published in an Appendix of Forms accompanying the Federal Rules of Civil Procedure.

Word-Processing Templates: For user convenience, the Administrative Office Forms Working Group of judges and clerks has recommended making available to the public the unofficial WordPerfect and Word-compatible rtf versions linked below. Given their nature, language in these forms may require modification before the document can be filed with the court. Red font is used to draw attention to these instances. Instructions are enclosed in angle brackets, and alternative phrases appear in square brackets. These forms are therefore offered as templates based on the official published forms, but are not identical to them.

Civil Forms 1 and 2 (combined). Caption; Date, Signature, Address, E-mail Address, and Telephone Number. (WP) (rtf)

Civil Form 3. Summons. (WP) (rtf)

Civil Form 4. Summons on a Third-Party Complaint. (WP) (rtf)

Civil Form 5. Notice of a Lawsuit and Request to Waive Service of a Summons. (WP) (rtf)

Civil Form 6. Waiver of the Service of Summons. (WP) (rtf)

Civil Form 7. Statement of Jurisdiction. (WP) (rtf)

Civil Form 8. Statement of Reasons for Omitting a Party. (WP) (rtf)

Civil Form 9. Statement Noting a Party's Death. (WP) (rtf)

Civil Form 10. Complaint to Recover a Sum Certain. (WP) (rtf)

Civil Form 11. Complaint for Negligence. (WP) (rtf)

Civil Form 12. Complaint for Negligence When the Plaintiff Does Not Know Who Is Responsible. (WP) (rtf)

Civil Form 13. Complaint for Negligence Under the Federal Employers' Liability Act. (WP) (rtf)

Civil Form 14. Complaint for Damages Under the Merchant Marine Act. (WP) (rtf)

Civil Form 15. Complaint for the Conversion of Property. (WP) (rtf)

Civil Form 16. Third-Party Complaint. (WP) (rtf)

Civil Form 17. Complaint for Specific Performance of a Contract to Convey Land. (WP) (rtf)

Civil Form 18. Complaint for Patent Infringement. (WP) (rtf)

Civil Form 19. Complaint for Copyright Infringement and Unfair Competition. (WP) (rtf)

Civil Form 20. Complaint for Interpleader and Declaratory Relief. (WP) (rtf)

Civil Form 21. Complaint on a Claim for a Debt and to Set Aside a Fraudulent Conveyance Under Rule 18(b). (WP) (rtf)

Civil Form 30. Answer Presenting Defenses Under Rule 12(b). (WP) (rtf)

Civil Form 31. Answer to a Complaint for Money Had and Received with a Counterclaim for Interpleader. (WP) (rtf)

Civil Form 40. Motion to Dismiss Under Rule 12(b) for Lack of Jurisdiction, Improper Venue, Insufficient Service of Process, or Failure to State a Claim. (WP) (rtf)

Civil Form 41. Motion to Bring in a Third-Party Defendant. (WP) (rtf)

Civil Form 42. Motion to Intervene as a Defendant Under Rule 24. (WP) (rtf)

Civil Form 50. Request to Produce Documents and Tangible Things, or to Enter onto Land Under Rule 34. (WP) (rtf)

Civil Form 51. Request for Admissions Under Rule 36. (WP) (rtf)

Civil Form 52. Report of the Parties' Planning Meeting. (WP) (rtf)

Civil Form 60. Notice of Condemnation. (WP) (rtf)

Civil Form 61. Complaint for Condemnation. (WP) (rtf)

Civil Form 70. Judgment on a Jury Verdict. (WP) (rtf)

Civil Form 71. Judgment by the Court without a Jury. (WP) (rtf)

Civil Form 80. Notice of a Magistrate Judge's Availability. (WP) (rtf)

Civil Form 81. Consent to an Assignment to a Magistrate Judge. (WP) (rtf)

Civil Form 82. Order of Assignment to a Magistrate Judge. (WP) (rtf)

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