Rules and Laws for Civil Actions

🧭 Overview

🧠 One-sentence thesis

This excerpt is a table of contents listing the structure of the U.S. Constitution, Constitutional Amendments, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes, without providing substantive content about any of these topics.

📌 Key points (3–5)

• The excerpt consists entirely of a table of contents with page numbers and section headings.
• It covers the U.S. Constitution (Articles I–VII and Amendments 1–27), three sets of Federal Rules (Civil Procedure, Evidence, and Appellate Procedure), and portions of Title 28 and Title 42 of the U.S. Code.
• No substantive legal principles, definitions, or explanations are provided in the excerpt.
• The only narrative content is a brief introduction explaining the purpose of the compilation and notes on reading the rules.

📋 What the excerpt contains

📋 Structure of the table of contents

The excerpt is organized as a detailed table of contents that lists:

• U.S. Constitution: Articles I through VII, followed by all 27 Constitutional Amendments with their ratification years.
• Federal Rules of Civil Procedure: Titles I through XI, with individual rules numbered (e.g., Rule 1, Rule 4, Rule 26) and their descriptive titles.
• Federal Rules of Evidence: Articles I through XI, with rules numbered within each article.
• Federal Rules of Appellate Procedure: Titles I through VII, with numbered rules.
• U.S. Code provisions: Selected sections from Title 28 (covering courts, jurisdiction, venue, removal, and procedure) and Title 42 (civil rights provisions).
• State materials: Selected Iowa statutes and examples of state long-arm statutes from multiple states.

📝 Introductory material

The excerpt includes two brief introductory sections:

• An introduction explaining that the book compiles primary rules for first-year law students and advanced litigation courses, made available through an OpenHawks grant.
• "Some notes on reading the rules" offering study tips for approaching the Federal Rules of Civil Procedure.

No definitions, legal principles, or substantive explanations of constitutional provisions, rules, or statutes appear in the excerpt.

🎯 Purpose and scope

🎯 Stated purpose of the compilation

The introduction explains:

• The book is designed as a teaching resource for law students, particularly those in first-year civil procedure courses.
• It provides free access to rules through electronic formats and low-cost print copies.
• The compilers prioritized usability and accessibility (readable fonts, eReader formats, accessibility features).
• The book intentionally omits comprehensive information like amendment dates and advisory committee notes, focusing instead on current rule text.

📚 What is not included

The introduction explicitly states:

• Amendment history and dates are not included.
• Advisory committee notes are not provided.
• Links to resources with additional information are mentioned but not shown in this excerpt.

Don't confuse: This compilation with a comprehensive legal reference—it is designed as a teaching tool, not an exhaustive source.

📖 Reading guidance provided

📖 Study tips for the Federal Rules

The "Some notes on reading the rules" section offers these suggestions:

• The rules are organized by topic and follow the stages of litigation (commencing action → discovery → trial → judgment → remedies).
• Many rules are interconnected through cross-references (e.g., Rule 14(a)(3) references Rules 12, 13(a), 13(b), and 13(g)).
• Some rules are very long (e.g., Rule 26 on discovery); students should break them into sub-components.
• Students are not expected to memorize every word but should build a mental framework to quickly locate relevant provisions.
• "Abrogated" means a rule that once existed has been eliminated; the numbering is preserved to avoid confusion.

🔍 Practical approach

The guidance emphasizes:

• Use the table of contents to identify applicable rules.
• Develop the skill of quickly looking up relevant provisions when needed.
• Focus on building a mental map of where topics are located rather than rote memorization.

Example: If a procedural issue arises, use the table of contents to identify the relevant Federal Rule, then review its provisions.

⚠️ Limitation of this excerpt

⚠️ No substantive content

This excerpt contains no substantive legal content. It is purely organizational material:

• A table of contents listing sections and page numbers.
• Brief introductory remarks about the compilation's purpose and design.
• Study tips for approaching the rules.

The actual text of the Constitution, amendments, rules, and statutes is not included in this excerpt, only their titles and organizational structure.

Important: Any review notes based on this excerpt cannot explain constitutional principles, procedural rules, evidence standards, or jurisdictional requirements, because the excerpt does not contain that information.

🧭 Overview

🧠 One-sentence thesis

The Federal Rules of Civil Procedure (FRCP) establish a comprehensive, uniform framework for conducting civil litigation in U.S. federal district courts, governing every stage from filing a complaint through trial and judgment.

📌 Key points (3–5)

• What the FRCP governs: procedural rules for civil actions in federal district courts, covering filing, service, discovery, trials, and judgments.
• Core purpose: to secure "the just, speedy, and inexpensive determination of every action and proceeding" (Rule 1).
• Scope and structure: organized into eleven titles covering scope, commencing actions, pleadings, parties, discovery, trials, judgments, provisional remedies, special proceedings, district court operations, and general provisions.
• Common confusion: the FRCP addresses procedure (how litigation is conducted), not substantive law (the legal rights and duties being litigated); state law or federal statutes supply substantive rules.
• Key mechanisms: notice pleading, broad discovery, summary judgment, and flexible joinder of claims and parties.

📜 Foundational principles and scope

📜 What the FRCP is

The Federal Rules of Civil Procedure: a set of procedural rules that govern civil proceedings in the United States federal district courts.

• Became effective in 1938; periodically amended (most recently December 2020, with a proposed amendment to Rule 7.1 scheduled for December 2022).
• Promulgated by the Supreme Court under 28 U.S.C. § 2072 (the Rules Enabling Act), then transmitted to Congress before taking effect.
• The official version is maintained at https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure.

🎯 Purpose and construction (Rule 1)

• Rule 1 mandate: the rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."
• This is not merely aspirational; it is a directive to judges and parties to interpret and apply the rules flexibly to achieve fairness, efficiency, and economy.
• Example: a court may overlook a minor procedural defect if correcting it would not prejudice the opposing party and would promote resolution on the merits.

🔀 One form of action (Rule 2)

• Historical context: before the FRCP, federal courts distinguished between "law" and "equity" actions, each with separate procedures.
• Rule 2: "There is one form of action—the civil action."
• This unifies procedure: all civil cases follow the same rules, regardless of whether the relief sought is legal (e.g., money damages) or equitable (e.g., injunction).

🚀 Commencing an action and service of process

🚀 How a civil action begins (Rule 3)

• Rule 3: "A civil action is commenced by filing a complaint with the court."
• Filing the complaint is the single act that starts the lawsuit; no separate "writ" or formal application is required.
• The complaint must then be served on the defendant along with a summons (Rule 4).

📨 The summons (Rule 4)

Summons: a formal notice issued by the court clerk, directed to the defendant, informing them of the lawsuit and the time to respond.

📨 Contents of a summons (Rule 4(a))

A summons must:

• Name the court and the parties.
• Be directed to the defendant.
• State the plaintiff's attorney's name and address (or the plaintiff's, if unrepresented).
• State the time within which the defendant must appear and defend.
• Notify the defendant that failure to appear will result in a default judgment.
• Be signed by the clerk and bear the court's seal.

📨 Issuance and service (Rule 4(b)–(c))

• The plaintiff presents the summons to the clerk for signature and seal; the clerk must issue it if properly completed.
• The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) (90 days after filing the complaint).
• Who may serve: any person at least 18 years old and not a party (Rule 4(c)(2)).
• Methods of service: vary depending on whether the defendant is an individual, corporation, government entity, or located in a foreign country (Rules 4(e)–(j)).

📨 Waiving service (Rule 4(d))

• To avoid unnecessary service costs, a plaintiff may request that a defendant waive formal service by sending a notice and waiver form.
• If the defendant (located in the U.S.) fails to sign and return the waiver without good cause, the court must impose on the defendant the expenses later incurred in making service, plus reasonable attorney's fees.
• Time to answer after waiver: 60 days from when the request was sent (or 90 days if sent outside any U.S. judicial district), rather than the usual 21 days after service.
• Important: waiving service does not waive objections to personal jurisdiction or venue (Rule 4(d)(5)).

📨 Time limit for service (Rule 4(m))

• If a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice against that defendant or order service within a specified time, unless the plaintiff shows good cause for the delay.
• Don't confuse: this is a deadline for service, not for filing the complaint; the statute of limitations governs when the complaint must be filed.

📨 Serving different types of defendants

The excerpt details specific procedures for serving:

• Individuals (within the U.S. or in a foreign country): Rules 4(e)–(f).
• Minors or incompetent persons: Rule 4(g) (follow state law for service in the state where service is made).
• Corporations, partnerships, or associations: Rule 4(h) (deliver to an officer, managing agent, or authorized agent).
• The United States and its agencies, officers, or employees: Rule 4(i) (serve the U.S. attorney, the Attorney General, and the relevant agency or officer).
• Foreign, state, or local governments: Rule 4(j).

📨 Territorial limits and proving service (Rules 4(k)–(l))

• Personal jurisdiction: serving a summons or filing a waiver establishes personal jurisdiction over a defendant if the defendant is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located, or if authorized by federal statute (Rule 4(k)).
• Proof of service: unless service is waived, proof must be made to the court by the server's affidavit (Rule 4(l)).

📝 Pleadings and motions

📝 Allowed pleadings (Rule 7(a))

Only these pleadings are allowed:

1. A complaint.
2. An answer to a complaint.
3. An answer to a counterclaim designated as a counterclaim.
4. An answer to a crossclaim.
5. A third-party complaint.
6. An answer to a third-party complaint.
7. If the court orders one, a reply to an answer.

• No other pleadings: no "demurrer," "rejoinder," or other common-law pleadings.
• Motions are used to request court orders; they must be in writing (unless made during a hearing or trial), state the grounds and relief sought with particularity, and comply with the rules governing captions and form (Rule 7(b)).

📝 General rules of pleading (Rule 8)

📝 Claim for relief (Rule 8(a))

A pleading that states a claim for relief must contain:

1. A short and plain statement of the grounds for the court's jurisdiction (unless the court already has jurisdiction and no new jurisdictional support is needed).
2. A short and plain statement of the claim showing that the pleader is entitled to relief.
3. A demand for the relief sought (may include alternative or different types of relief).

• "Notice pleading": the FRCP does not require detailed factual allegations; a "short and plain statement" suffices to give the defendant fair notice of the claim and the grounds on which it rests.
• Example: "On [date], Defendant drove negligently and collided with Plaintiff's vehicle, causing Plaintiff injury and property damage. Plaintiff seeks compensatory damages."

📝 Defenses; admissions and denials (Rule 8(b))

• In responding to a pleading, a party must state its defenses in short and plain terms and admit or deny each allegation.
• A denial must fairly respond to the substance of the allegation.
• A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
• Effect of failing to deny: an allegation (other than one relating to damages) is admitted if a responsive pleading is required and the allegation is not denied (Rule 8(b)(6)).

📝 Affirmative defenses (Rule 8(c))

• A party must affirmatively state any avoidance or affirmative defense, including (non-exhaustive list): accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, illegality, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver.
• If a party mistakenly designates a defense as a counterclaim (or vice versa), the court must treat the pleading as though it were correctly designated, if justice requires (Rule 8(c)(2)).

📝 Pleading special matters (Rule 9)

📝 Fraud or mistake (Rule 9(b))

• Particularity required: in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.
• General allegations allowed: malice, intent, knowledge, and other conditions of mind may be alleged generally.
• Example: instead of "Defendant defrauded Plaintiff," the complaint must specify the false statement, who made it, when, where, and how the plaintiff relied on it to their detriment.

📝 Conditions precedent (Rule 9(c))

• It suffices to allege generally that all conditions precedent have occurred or been performed.
• But when denying that a condition precedent occurred, a party must do so with particularity.

📝 Time and place (Rule 9(f))

• An allegation of time or place is material when testing the sufficiency of a pleading (e.g., for statute of limitations or venue purposes).

📝 Special damages (Rule 9(g))

• If an item of special damage is claimed, it must be specifically stated.
• Example: lost wages, medical expenses, or other out-of-pocket costs must be itemized, not merely alleged in general terms.

📝 Form of pleadings (Rule 10)

• Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation.
• Claims or defenses must be stated in numbered paragraphs, each limited as far as practicable to a single set of circumstances (Rule 10(b)).
• A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion (Rule 10(c)).

📝 Signing pleadings and representations to the court (Rule 11)

📝 Signature requirement (Rule 11(a))

• Every pleading, written motion, and other paper must be signed by at least one attorney of record (or by the party personally if unrepresented).
• The paper must state the signer's address, e-mail address, and telephone number.
• The court must strike an unsigned paper unless the omission is promptly corrected.

📝 Representations to the court (Rule 11(b))

By signing, filing, submitting, or later advocating a pleading or motion, an attorney or party certifies that to the best of their knowledge, information, and belief, formed after reasonable inquiry:

1. It is not being presented for any improper purpose (e.g., to harass, cause delay, or increase litigation costs).
2. The legal contentions are warranted by existing law or by a nonfrivolous argument for changing the law.
3. The factual contentions have evidentiary support or, if specifically so identified, will likely have such support after reasonable opportunity for investigation or discovery.
4. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or lack of information.

📝 Sanctions (Rule 11(c))

• If Rule 11(b) is violated, the court may impose an appropriate sanction (including an order to pay reasonable expenses and attorney's fees) on the signer, the party, or both.
• A motion for sanctions must be made separately and must describe the specific conduct alleged to violate Rule 11(b); it must be served under Rule 5 but not filed or presented to the court if the challenged paper is withdrawn or corrected within 21 days after service (Rule 11(c)(2)).
• The court may also act on its own initiative to impose sanctions (Rule 11(c)(3)).

📝 Defenses and objections (Rule 12)

📝 Time to serve a responsive pleading (Rule 12(a))

• A defendant must serve an answer within 21 days after being served with the summons and complaint, or within 60 days (or 90 days if outside the U.S.) if the defendant timely waived service under Rule 4(d).
• A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states it.
• If the court orders a reply to an answer, it must be served within 21 days after being served with the order (unless the order specifies a different time).

📝 How to present defenses (Rule 12(b))

• Every defense must be asserted in the responsive pleading, but a party may assert the following defenses by motion:
  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.
  7. Failure to join a party under Rule 19.
• A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed.
• No waiver by joining defenses: joining one or more defenses in a motion or responsive pleading does not waive any of them (Rule 12(b)).

📝 Motion for judgment on the pleadings (Rule 12(c))

• After the pleadings are closed (but early enough not to delay trial), a party may move for judgment on the pleadings.
• This motion tests whether, accepting all well-pleaded facts as true, the moving party is entitled to judgment as a matter of law.

📝 Motion for a more definite statement (Rule 12(e))

• If a pleading is so vague or ambiguous that a party cannot reasonably prepare a response, the party may move for a more definite statement before filing a responsive pleading.
• The motion must point out the defects and the details desired.
• If the court orders a more definite statement and the order is not obeyed within 14 days (or another time set by the court), the court may strike the pleading or issue any other appropriate order.

📝 Motion to strike (Rule 12(f))

• The court may strike from a pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
• The court may act on its own or on motion made by a party before responding to the pleading (or, if no response is allowed, within 21 days after being served with the pleading).

📝 Waiving and preserving defenses (Rule 12(h))

• Defenses waived if not raised: lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process (Rule 12(b)(2)–(5)) are waived if omitted from a motion in the circumstances described in Rule 12(g)(2) or if not included in a responsive pleading or an amendment allowed by Rule 15(a)(1) as a matter of course.
• Defenses that may be raised later: failure to state a claim, failure to join a required party under Rule 19(b), or failure to state a legal defense may be raised in any pleading allowed or ordered under Rule 7(a), by motion under Rule 12(c), or at trial (Rule 12(h)(2)).
• Lack of subject-matter jurisdiction: if the court determines at any time that it lacks subject-matter jurisdiction, it must dismiss the action (Rule 12(h)(3)).

📝 Counterclaims and crossclaims (Rule 13)

📝 Compulsory counterclaim (Rule 13(a))

• A pleading must state as a counterclaim any claim that the pleader has against an opposing party if the claim:
  1. Arises out of the transaction or occurrence that is the subject matter of the opposing party's claim, and
  2. Does not require adding another party over whom the court cannot acquire jurisdiction.
• Exceptions: the pleader need not state the claim if it was the subject of another pending action when the current action was commenced, or if the opposing party sued by attachment or other process that did not establish personal jurisdiction and the pleader does not assert any counterclaim under Rule 13 (Rule 13(a)(2)).
• Why "compulsory": if a party fails to assert a compulsory counterclaim, the party may be barred from asserting it in a later action (claim preclusion).

📝 Permissive counterclaim (Rule 13(b))

• A pleading may state as a counterclaim any claim that is not compulsory.
• Example: a claim that does not arise out of the same transaction or occurrence as the opposing party's claim.

📝 Crossclaim (Rule 13(g))

• A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action.
• The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.

📝 Amended and supplemental pleadings (Rule 15)

📝 Amendments before trial (Rule 15(a))

• Amending as a matter of course: a party may amend its pleading once as a matter of course (without leave of court or consent of the opposing party) within:
  • 21 days after serving it, or
  • If the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier (Rule 15(a)(1)).
• Other amendments: in all other cases, a party may amend only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires (Rule 15(a)(2)).
• Example: if a plaintiff discovers additional facts after filing the complaint, the plaintiff may amend once as a matter of course within 21 days; after that, the plaintiff must seek the defendant's consent or the court's leave.

📝 Relation back of amendments (Rule 15(c))

• An amendment relates back to the date of the original pleading when:
  1. The law that provides the applicable statute of limitations allows relation back, or
  2. The amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out (or attempted to be set out) in the original pleading, or
  3. The amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment received such notice of the action that it will not be prejudiced in defending on the merits and knew or should have known that the action would have been brought against it but for a mistake concerning the proper party's identity (Rule 15(c)(1)).
• Why relation back matters: if an amendment relates back, it is treated as if it were filed on the date of the original pleading, which may save a claim that would otherwise be barred by the statute of limitations.

🔍 Discovery

🔍 Duty to disclose; general provisions governing discovery (Rule 26)

🔍 Required disclosures (Rule 26(a))

The FRCP mandates certain automatic disclosures without awaiting a discovery request:

Initial disclosure (Rule 26(a)(1)): within 14 days after the parties' Rule 26(f) conference (unless a different time is set or a party objects), a party must provide:

• The name, address, and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses (unless solely for impeachment).
• A copy or description by category and location of all documents, electronically stored information, and tangible things in the party's possession, custody, or control that it may use to support its claims or defenses (unless solely for impeachment).
• A computation of each category of damages claimed, with supporting documents available for inspection.
• Any insurance agreement under which an insurer may be liable to satisfy all or part of a possible judgment or to indemnify or reimburse for payments made to satisfy the judgment.

Disclosure of expert testimony (Rule 26(a)(2)): a party must disclose the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705. If the witness is retained or specially employed to provide expert testimony, the disclosure must be accompanied by a written report prepared and signed by the witness, containing the witness's opinions, the basis and reasons for them, the facts or data considered, any exhibits, the witness's qualifications, a list of publications in the previous 10 years, a list of other cases in which the witness testified as an expert in the previous 4 years, and a statement of compensation.

Pretrial disclosures (Rule 26(a)(3)): at least 30 days before trial (unless the court orders otherwise), a party must provide the name, address, and telephone number of each witness it expects to present (and those it may call if the need arises), the designation of witnesses whose testimony will be presented by deposition, and an identification of each document or exhibit it expects to offer (and those it may offer if the need arises).

🔍 Discovery scope and limits (Rule 26(b))

• Scope in general: parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit (Rule 26(b)(1)).
• Information need not be admissible: information within this scope need not be admissible in evidence to be discoverable.
• Limitations: the court may alter the limits on the number of depositions and interrogatories or the length of depositions, and may limit the number of requests for admission (Rule 26(b)(2)(A)). The court must limit discovery if it is unreasonably cumulative or duplicative, if the party seeking discovery has had ample opportunity to obtain the information, or if the proposed discovery is outside the scope permitted by Rule 26(b)(1) (Rule 26(b)(2)(C)).

🔍 Trial preparation materials (Rule 26(b)(3))

• Work product protection: ordinarily, a party may not discover documents and tangible things prepared in anticipation of litigation or for trial by or for another party or its representative (including attorney, consultant, surety, indemnitor, insurer, or agent).
• Exception: such materials may be discovered if the party shows substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means.
• Protection of mental impressions: if the court orders discovery of work product, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative (Rule 26(b)(3)(B)).

🔍 Trial preparation: experts (Rule 26(b)(4))

• A party may depose any person identified as an expert whose opinions may be presented at trial (Rule 26(b)(4)(A)).
• Drafts of any report or disclosure required under Rule 26(a)(2) are protected, as are communications between the party's attorney and any expert required to provide a report, except to the extent the communications relate to compensation, identify facts or data the attorney provided, or identify assumptions the attorney provided (Rule 26(b)(4)(B)–(C)).
• An expert employed only for trial preparation (and not expected to be called as a witness) ordinarily may not be discovered by interrogatories or deposition, except as provided in Rule 35(b) or on a showing of exceptional circumstances (Rule 26(b)(4)(D)).

🔍 Claiming privilege or protecting trial-preparation materials (Rule 26(b)(5))

• When a party withholds information by claiming privilege or work product protection, the party must expressly make the claim and describe the nature of the documents, communications, or tangible things not produced in a manner that enables other parties to assess the claim without revealing the privileged or protected information itself (Rule 26(b)(5)(A)).
• If privileged or protected information is inadvertently produced, the party making the claim may notify any party that received the information; after being notified, the receiving party must promptly return, sequester, or destroy the information and may not use or disclose it until the claim is resolved (Rule 26(b)(5)(B)).

🔍 Protective orders (Rule 26(c))

• A party or person from whom discovery is sought may move for a protective order in the court where the action is pending (or, for deposition-related matters, in the court for the district where the deposition will be taken).
• The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties to resolve the dispute without court action.
• For good cause, the court may issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including forbidding disclosure, specifying terms for disclosure, prescribing a different discovery method, forbidding inquiry into certain matters, limiting the scope of disclosure, designating who may be present, requiring that a deposition be sealed, requiring that trade secrets or confidential information not be revealed or be revealed only in a specified way, or requiring simultaneous filing of documents in sealed envelopes (Rule 26(c)(1)).

🔍 Timing and sequence of discovery (Rule 26(d))

• A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure, or when authorized by the rules, by stipulation, or by court order (Rule 26(d)(1)).
• Early Rule 34 requests: more than 21 days after the summons and complaint are served on a party, a request under Rule 34 may be delivered to that party or by that party to any plaintiff or to any other party that has been served; the request is considered served at the first Rule 26(f) conference (Rule 26(d)(2)).

🔍 Supplementing disclosures and responses (Rule 26(e))

• A party who has made a disclosure under Rule 26(a) or who has responded to an interrogatory, request for production, or request for admission must supplement or correct its disclosure or response in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing (Rule 26(e)(1)).
• For an expert whose report must be disclosed under Rule 26(a)(2)(B), the duty to supplement extends to information included in the report and to information given during the expert's deposition; additions or changes must be disclosed by the time the party's pretrial disclosures under Rule 26(a)(3) are due (Rule 26(e)(2)).

🔍 Conference of the parties; planning for discovery (Rule 26(f))

• Except in a proceeding exempted from initial disclosure or when the court orders otherwise, the parties must confer as soon as practicable (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)).
• In conferring, the parties must consider the nature and basis of their claims and defenses, the possibilities for promptly settling or resolving the case, make or arrange for the disclosures required by Rule 26(a)(1), discuss any issues about preserving discoverable information, and develop a proposed discovery plan.
• The attorneys of record and all unrepresented parties that have appeared are jointly responsible for arranging the conference, attempting in good faith to agree on the proposed discovery plan, and submitting to the court within 14 days after the conference a written report outlining the plan (Rule 26(f)(2)).

🔍 Signing disclosures and discovery requests, responses, and objections (Rule 26(g))

• Every disclosure under Rule 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney of record (or by the party personally if unrepresented).
• By signing, an attorney or party certifies that to the best of their knowledge, information, and belief formed after reasonable inquiry:
  • With respect to a disclosure, it is complete and correct as of the time it is made.
  • With respect to a discovery request, response, or objection, it is consistent with the rules and warranted by existing law or a nonfrivolous argument for changing the law; not interposed for any improper purpose; and neither unreasonable nor unduly burdensome or expensive, considering the needs of the case, prior discovery, the amount in controversy, and the importance of the issues at stake (Rule 26(g)(1)).
• If a certification violates Rule 26(g) without substantial justification, the court must impose an appropriate sanction, which may include an order to pay reasonable expenses and attorney's fees (Rule 26(g)(3)).

🔍 Depositions (Rules 27–32)

🔍 Depositions by oral examination (Rule 30)

• When a deposition may be taken: a party may, by oral questions, depose any person (including a party) without leave of court, except that leave is required if the parties have not stipulated to the deposition and it would result in more than 10 depositions being taken by the plaintiffs, defendants, or third-party defendants; the deponent has already been deposed in the case; or the party seeks to take the deposition before the time specified in Rule 26(d) (unless the deponent is expected to leave the U.S. and be unavailable) (Rule 30(a)(2)).
• Notice: a party who wants to depose a person by oral questions must give reasonable written notice to every other party, stating the time and place of the deposition and the deponent's name and address (or a general description if the name is unknown) (Rule 30(b)(1)).
• Duration: unless otherwise stipulated or ordered, a deposition is limited to one day of 7 hours; the court must allow additional time if needed to fairly examine the deponent or if circumstances impede or delay the examination (Rule 30(d)(1)).
• Objections: an objection at the time of the examination must be noted on the record, but the examination still proceeds; the testimony is taken subject to the objection. A person may instruct a deponent not to answer only when necessary to preserve a privilege, enforce a court-ordered limitation, or present a motion under Rule 30(d)(3) (Rule 30(c)(2)).

🔍 Depositions by written questions (Rule 31)

• A party may depose any person by written questions without leave of court (subject to the same limitations as for oral depositions).
• The party must serve the written questions on every other party with a notice stating the deponent's name and address and the name or descriptive title and address of the officer before whom the deposition will be taken (Rule 31(a)(3)).
• Cross-questions must be served within 14 days after being served with the notice and direct questions; redirect questions within 7 days after being served with cross-questions; and recross-questions within 7 days after being served with redirect questions (Rule 31(a)(5)).

🔍 Using depositions in court proceedings (Rule 32)

• At a hearing or trial, all or part of a deposition may be used against a party if:
  1. The party was present or represented at the taking of the deposition or had reasonable notice of it.
  2. It is used to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying.
  3. The use is allowed by Rule 32(a)(2) through (8) (Rule 32(a)(1)).
• Uses: any party may use a deposition to contradict or impeach the deponent's testimony or for any other purpose allowed by the Federal Rules of Evidence (Rule 32(a)(2)). An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4) (Rule 32(a)(3)). A party may use for any purpose the deposition of a witness (whether or not a party) if the court finds the witness is dead, more than 100 miles from the place of hearing or trial, unable to attend or testify because of age, illness, infirmity, or imprisonment, or that the party offering the deposition could not procure the witness's attendance by subpoena, or that exceptional circumstances make it desirable to permit the deposition to be used (Rule 32(a)(4)).

🔍 Interrogatories (Rule 33)

• Number: unless otherwise stipulated or ordered, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts (Rule 33(a)(1)).
• Scope: an interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact (Rule 33(a)(2)).
• Answers and objections: the responding party must serve its answers and any objections within 30 days after being served with the interrogatories (or a shorter or longer time as stipulated or ordered). Each interrogatory must be answered separately and fully in writing under oath, to the extent it is not objected to (Rule 33(b)(3)).
• Option to produce business records: if the answer to an interrogatory may be determined by examining the responding party's business records (including electronically stored information) and the burden of deriving the answer is substantially the same for either party, the responding party may answer by specifying the records in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could, and by giving the interrogating party a reasonable opportunity to examine and audit the records (Rule 33(d)).

🔍 Producing documents and things; entering onto land (Rule 34)

• A party may serve on any other party a request to produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things in the responding party's possession, custody, or control, or to permit entry onto designated land or property to inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it (Rule 34(a)).
• Contents of the request: the request must describe with reasonable particularity each item or category of items to be inspected, specify a reasonable time, place, and manner for the inspection, and may specify the form or forms in which electronically stored information is to be produced (Rule 34(b)(1)).
• Responses and objections: the party to whom the request is directed must respond in writing within 30 days after being served (or, if the request was delivered under Rule 26(d)(2), within 30 days after the parties' first Rule 26(f) conference). For each item or category, the response must either state that inspection will be permitted as requested or state with specificity the grounds for objecting, including the reasons (Rule 34(b)(2)(B)).
• Producing electronically stored information: unless otherwise stipulated or ordered, if a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; a party need not produce the same electronically stored information in more than one form (Rule 34(b)(2)(E)).

🔍 Physical and mental examinations (Rule 35)

• Order for an examination: the court where the action is pending may order a party whose mental or physical condition (including blood group) is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner, or to produce for examination a person in its custody or under its legal control (Rule 35(a)(1)).
• Motion and notice: the order may be made only on motion for good cause and on notice to all parties and the person to be examined; it must specify the time, place, manner, conditions, and scope of the examination, as well as the examiner (Rule 35(a)(2)).
• Examiner's report: the party who moved for the examination must, on request, deliver to the requester a copy of the examiner's report (in writing, setting out findings, diagnoses, conclusions, and test results) together with like reports of all earlier examinations of the same condition (Rule 35(b)(1)–(2)).
• Waiver of privilege: by requesting and obtaining the examiner's report or by deposing the examiner, the party examined waives any privilege concerning testimony about all examinations of the same condition in that action or any other action involving the same controversy (Rule 35(b)(4)).

🔍 Requests for admission (Rule 36)

• A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to facts, the application of law to fact, or opinions about either, and the genuineness of any described documents (Rule 36(a)(1)).
• Time to respond: a matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves a written answer or objection (Rule 36(a)(3)).
• Answer: if a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter (Rule 36(a)(4)).
• Effect of an admission: a matter admitted under Rule 36 is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended (Rule 36(b)).

🔍 Failure to make disclosures or cooperate in discovery; sanctions (Rule 37)

🔍 Motion for an order compelling disclosure or discovery (Rule 37(a))

• On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery if a party fails to make a disclosure required by Rule 26(a), a deponent fails to answer a question, a corporation or entity fails to make a designation under Rule 30(b)(6) or 31(a)(4), a party fails to answer an interrogatory, or a party fails to produce documents or permit inspection as requested under Rule 34 (Rule 37(a)(3)).
• Payment of expenses: if the motion is granted (or if the disclosure or discovery is provided after the motion was filed), the court must require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, or both to pay the movant's reasonable expenses (including attorney's fees) incurred in making the motion, unless the movant failed to attempt in good faith to obtain the disclosure or discovery without court action, the opposing party's nondisclosure or objection was substantially justified, or other circumstances make an award of expenses unjust (Rule 37(a)(5)(A)).

🔍 Failure to comply with a court order (Rule 37(b))

• If a party or a party's officer, director, managing agent, or designated witness fails to obey an order to provide or permit discovery, the court where the action is pending may issue further just orders, including:
  • Directing that designated facts be taken as established for purposes of the action.
  • Prohibiting the disobedient party from supporting or opposing designated claims or defenses or from introducing designated matters in evidence.
  • Striking pleadings in whole or in part.
  • Staying further proceedings until the order is obeyed.
  • Dismissing the action or proceeding in whole or in part.
  • Rendering a default judgment against the disobedient party.
  • Treating the failure to obey as contempt of court (except for an order to submit to a physical or mental examination) (Rule 37(b)(2)(A)).
• The court must also order the disobedient party, the attorney advising that party, or both to pay the reasonable expenses (including attorney's fees) caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust (Rule 37(b)(2)(C)).

🔍 Failure to disclose, supplement, or admit (Rule 37(c))

• If a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless (Rule 37(c)(1)).
• If a party fails to admit what is requested under Rule 36 and the requesting party later proves the document to be genuine or the matter true, the requesting party may move that the party who failed to admit pay the reasonable expenses (including attorney's fees) incurred in making that proof, unless the request was objectionable, the admission sought was of no substantial importance, the party failing to admit had a reasonable ground to believe it might prevail, or there was other good reason for the failure to admit (Rule 37(c)(2)).

🔍 Failure to preserve electronically stored information (Rule 37(e))

• If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court:
  1. Upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice, or
  2. Only upon finding that the party acted with the intent to deprive another party of the information's use in the litigation, may presume that the lost information was unfavorable to the party, instruct the jury that it may or must presume the information was unfavorable, or dismiss the action or enter a default judgment (Rule 37(e)).

⚖️ Trials

⚖️ Right to a jury trial (Rule 38)

• Right preserved: the right of trial by jury as declared by the Seventh Amendment to the Constitution (or as provided by a federal statute) is preserved to the parties inviolate (Rule 38(a)).
• Demand: on any issue triable of right by a jury, a party may demand a jury trial by serving the other parties with a written demand (which may be included in a pleading) no later than 14 days after the last pleading directed to the issue is served, and by filing the demand in accordance with Rule 5(d) (Rule 38(b)).
• Waiver: a party waives a jury trial unless its demand is properly served and filed (Rule 38(d)).

⚖️ Trial by jury or by the court (Rule 39)

• When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action, and the trial on all issues so demanded must be by jury unless the parties stipulate to a nonjury trial or the court finds that on some or all of those issues there is no federal right to a jury trial (Rule 39(a)).
• Issues on which a jury trial is not properly demanded are to be tried by the court, but the court may, on motion, order a jury trial on any issue for which a jury might have been demanded (Rule 39(b)).

⚖️ Dismissal of actions (Rule 41)

⚖️ Voluntary dismissal (Rule 41(a))

• Without a court order: subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
  1. A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment, or
  2. A stipulation of dismissal signed by all parties who have appeared (Rule 41(a)(1)(A)).
• Effect: unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits (the "two-dismissal rule") (Rule 41(a)(1)(B)).
• By court order: except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. Unless the order states otherwise, a dismissal under this paragraph is without prejudice (Rule 41(a)(2)).

⚖️ Involuntary dismissal (Rule 41(b))

• If the plaintiff fails to prosecute or to comply with the rules or a court order, a defendant may move to dismiss the action or any claim against it.
• Unless the dismissal order states otherwise, a dismissal under Rule 41(b) and any dismissal not under Rule 41 (except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19) operates as an adjudication on the merits (Rule 41(b)).

⚖️ Judgment as a matter of law in a jury trial (Rule 50)

⚖️ Judgment as a matter of law (Rule 50(a))

• If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may resolve the issue against the party and grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue (Rule 50(a)(1)).
• A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury; the motion must specify the judgment sought and the law and facts that entitle the movant to the judgment (Rule 50(a)(2)).

⚖️ Renewing the motion after trial (Rule 50(b))

• If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion.
• No later than 28 days after the entry of judgment (or, if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged), the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59 (Rule 50(b)).
• In ruling on the renewed motion, the court may allow judgment on the verdict, order a new trial, or direct the entry of judgment as a matter of law (Rule 50(b)).

⚖️ Findings and conclusions by the court (Rule 52)

• In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately (Rule 52(a)(1)).
• Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility (Rule 52(a)(6)).

⚖️ Summary judgment (Rule 56)

• A party may move for summary judgment, identifying each claim or defense (or the part of each claim or defense) on which summary judgment is sought.
• Standard: the court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Rule 56(a)).
• Supporting factual positions: a party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record (including depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials) or by showing that the materials cited do not establish the absence or presence of a genuine dispute or that an adverse party cannot produce admissible evidence to support the fact (Rule 56(c)(1)).
• Time to file: unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery (Rule 56(b)).

📋 Judgment

📋 Judgment; costs (Rule 54)

• Definition: "Judgment" as used in the rules includes a decree and any order from which an appeal lies (Rule 54(a)).
• Judgment on multiple claims or involving multiple parties: when an action presents more than one claim for relief or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay (Rule 54(b)).
• Costs: unless a federal statute, the rules, or a court order provides otherwise, costs (other than attorney's fees) should be allowed to the prevailing party (Rule 54(d)(1)).
• Attorney's fees: a claim for attorney's fees and related nontaxable expenses must be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages. The motion must be filed no later than 14 days after the entry of judgment, specify the judgment and the statute, rule, or other grounds entitling the movant to the award, state the amount sought or provide a fair estimate, and disclose (if the court so orders) the terms of any agreement about fees (Rule 54(d)(2)(B)).

📋 Default; default judgment (Rule 55)

• Entering a default: when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default (Rule 55(a)).
• Entering a default judgment: if the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk (on the plaintiff's request, with an affidavit showing the amount due) must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person (Rule 55(b)(1)). In all other cases, the party must apply to the court for a default judgment (Rule 55(b)(2)).
• Setting aside a default or default judgment: the court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b) (Rule 55(c)).

📋 New trial; altering or amending a judgment (Rule 59)

• Grounds for new trial: the court may, on motion, grant a new trial on all or some of the issues (and to any party) after a jury trial for any reason for which a new trial has heretofore been granted in an action at law in federal court, or after a nonjury trial for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court (Rule 59(a)(1)).
• Time to file: a motion for a new trial must be filed no later than 28 days after the entry of judgment (Rule 59(b)).
• Motion to alter or amend a judgment: a motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment (Rule 59(e)).

📋 Relief from a judgment or order (Rule 60)

• Clerical mistakes: the court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record, on motion or on its own, with or without notice (Rule 60(a)).
• Grounds for relief from a final judgment: on motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
  1. Mistake, inadvertence, surprise, or excusable neglect.
  2. Newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).
  3. Fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party.
  4. The judgment is void.
  5. The judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable.
  6. Any other reason that justifies relief (Rule 60(b)).
• Timing: a motion under Rule 60(b) must be made within a reasonable time, and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding (Rule 60(c)(1)).

🏛️ General provisions

🏛️ Applicability of the rules in general; removed actions (Rule 81)

• Applicability to particular proceedings: the rules apply to bankruptcy proceedings to the extent provided by the Federal Rules of Bankruptcy Procedure; to proceedings for admission to citizenship to the extent the practice is not specified in federal statutes; to proceedings for habeas corpus and quo warranto to the extent the practice is not specified in a federal statute or the Rules Governing Section 2254 or 2255 Cases; and to proceedings to compel testimony or production of documents through a subpoena issued by a U.S. officer or agency under a federal statute, except as otherwise provided by statute, local rule, or court order (Rule 81(a)).
• Removed actions: the rules apply to a civil action after it is removed from a state court. After removal, repleading is unnecessary unless the court orders it. A defendant who did not answer before removal must answer or present other defenses or objections under the rules within the longest of: 21 days after receiving a copy of the initial pleading, 21 days after being served with the summons for an initial pleading on file at the time of service, or 7 days after the notice of removal is filed (Rule 81(c)(2)).

🏛️ Jurisdiction and venue unaffected (Rule 82)

• The rules do not extend or limit the jurisdiction of the district courts or the venue of actions in those courts.
• An admiralty or maritime claim under Rule 9(h) is governed by 28 U.S.C. § 1390.

🏛️ Rules by district courts; judge's directives (Rule 83)

• Local rules: after giving public notice and an opportunity for comment, a district court, acting by a majority of its district judges, may adopt and amend rules governing its practice. A local rule must be consistent with (but not duplicate) federal statutes and rules adopted under 28 U.S.C. §§ 2072 and 2075, and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States (Rule 83(a)(1)).
• Procedure when there is no controlling law: a judge may regulate practice in any manner consistent with federal law, rules adopted under 28 U.S.C. §§ 2072 and 2075, and the district's local rules. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement (Rule 83(b)).

🏛️ Effective dates (Rule 86)

• The rules and any amendments take effect at the time specified by the Supreme Court, subject to 28 U.S.C. § 2074.
• They govern proceedings in an action commenced after their effective date and proceedings after that date in an action then pending, unless the Supreme Court specifies otherwise or the court determines that applying them in a particular action would be infeasible or work an injustice (Rule 86(a)).

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Note on the excerpt: The excerpt provided contains the full text of the Federal Rules of Civil Procedure as of the December 2020 amendments, including a proposed amendment to Rule 7.1 scheduled to take effect in December 2022. The excerpt also includes brief introductory material about the FRCP's history and authority. The rules are organized into eleven titles (I–XI) covering scope, commencing actions, pleadings and motions, parties, disclosures and discovery, trials, judgment, provisional and final remedies, special proceedings, district courts and clerks, and general provisions. This review has extracted the core concepts, key mechanisms, and important procedural requirements from the excerpt, focusing on the rules most central to understanding how civil litigation is conducted in federal district courts.

🧭 Overview

🧠 One-sentence thesis

The Federal Rules of Evidence determine what facts a jury may hear at trial by balancing the need for truth-seeking with protections against unreliable, prejudicial, or privileged information.

📌 Key points (3–5)

• Purpose: The rules aim to admit relevant, reliable evidence while excluding material that would unfairly prejudice a party, confuse the jury, or violate privileges.
• Scope: They apply to both criminal and civil cases in federal courts, though some rules apply only to one type of case.
• Core exclusions: Evidence is kept out if it is irrelevant, unreliable (e.g., hearsay), unfairly prejudicial, or privileged (e.g., attorney-client communications).
• Common confusion: Relevant evidence is not automatically admissible—it can still be excluded if its probative value is substantially outweighed by dangers like unfair prejudice or confusion.
• History and amendments: Drafted by the Supreme Court in 1972, approved by Congress in 1975, and amended 26 times (most recently December 1, 2020); Congress actively amends these rules on matters like sexual assault evidence and jury deliberations.

🎯 Purpose and goals

🎯 What the rules seek to accomplish

Rule 102: "These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination."

• The rules balance multiple goals: fairness, efficiency, truth-seeking, and justice.
• They are not purely about finding truth—they also protect parties from unfair procedures and prevent waste of time.
• Example: Even truthful evidence may be excluded if it would cause the jury to decide based on emotion rather than facts.

🛡️ Protecting the jury from distraction and emotion

• The excerpt emphasizes that "details that can distract or confuse the jury should be left out."
• The rules focus on ensuring evidence does not "unfairly prejudice a party, so it keeps out evidence that may cause the jury to react on emotion instead of basing a decision on the facts."
• Don't confuse: "prejudice" here means unfair prejudice—evidence that inflames emotions or biases the jury in ways unrelated to the actual facts at issue.

📜 Structure and applicability

📜 What the rules cover

The excerpt describes the Federal Rules of Evidence as organized into multiple articles:

• Article I: General provisions (scope, purpose, preliminary questions)
• Article II: Judicial notice
• Article III: Presumptions in civil cases
• Article IV: Relevance and its limits
• Article V: Privileges
• Article VI: Witnesses
• Article VII: Opinions and expert testimony
• Article VIII: Hearsay
• Article IX: Authentication and identification
• Article X: Contents of writings, recordings, and photographs
• Article XI: Miscellaneous rules

🏛️ Which courts and cases

• Scope (Rule 101): The rules apply to proceedings in United States courts; specifics and exceptions are in Rule 1101.
• Rule 1101 details: They apply to U.S. district courts, bankruptcy and magistrate judges, courts of appeals, the Court of Federal Claims, and district courts of Guam, the Virgin Islands, and the Northern Mariana Islands.
• They apply in civil cases and proceedings (including bankruptcy, admiralty, maritime) and criminal cases and proceedings.
• Exceptions: Rules on privilege apply at all stages, but most rules do not apply to preliminary questions under Rule 104(a), grand-jury proceedings, or miscellaneous proceedings like extradition, arrest warrants, preliminary examinations, sentencing, probation, or bail.

🔑 Core principles of admissibility

🔑 Relevance as the starting point

Rule 401: "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action."

• Relevance has two parts: the evidence must make a consequential fact more or less probable.
• Rule 402: Relevant evidence is admissible unless the Constitution, a federal statute, these rules, or other Supreme Court rules provide otherwise; irrelevant evidence is not admissible.
• Example: If a party claims Sender was at Location X, testimony that Sender's car was seen near Location X is relevant because it makes the claim more probable.

⚖️ Balancing probative value against dangers

Rule 403: "The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence."

• Even relevant evidence can be excluded if it poses significant risks.
• The standard is "substantially outweighed"—the danger must be much greater than the probative value.
• Dangers include: unfair prejudice, confusion, misleading the jury, delay, waste of time, or cumulative evidence.
• Don't confuse: This is a discretionary balancing test, not an automatic exclusion.

🚫 Key exclusions and limitations

🚫 Character evidence (Rule 404)

• General prohibition: Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with that character or trait.
• Why: The rule prevents the jury from deciding "this person is bad, so they must have done this bad thing."
• Exceptions in criminal cases:
  • A defendant may offer evidence of their own pertinent trait; the prosecutor may rebut.
  • A defendant may offer evidence of an alleged victim's pertinent trait (subject to Rule 412 limits); the prosecutor may rebut and offer evidence of the defendant's same trait.
  • In a homicide case, the prosecutor may offer evidence of the victim's peacefulness to rebut a claim that the victim was the first aggressor.
• Other crimes, wrongs, or acts (Rule 404(b)): Not admissible to prove character, but may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

🚫 Subsequent remedial measures (Rule 407)

• Evidence of measures taken after an injury that would have made the injury less likely is not admissible to prove negligence, culpable conduct, a product defect, or a need for a warning.
• Why: The rule encourages people and organizations to fix problems without fear that the fix will be used against them.
• Exception: The evidence may be admitted for another purpose, such as impeachment or proving ownership, control, or feasibility of precautionary measures (if disputed).

🚫 Compromise offers and negotiations (Rule 408)

• Evidence of compromise offers, promises, or conduct/statements during compromise negotiations is not admissible to prove or disprove the validity or amount of a disputed claim, or to impeach by prior inconsistent statement or contradiction.
• Exception: The evidence may be admitted for another purpose, such as proving bias, negating undue delay, or proving obstruction of a criminal investigation.
• Criminal case exception: Statements during negotiations with a public office in the exercise of regulatory, investigative, or enforcement authority may be admitted in a criminal case.

🚫 Offers to pay medical expenses (Rule 409)

• Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses is not admissible to prove liability for the injury.
• This is narrower than Rule 408—it covers only the offer to pay expenses, not accompanying statements.

🚫 Pleas and plea discussions (Rule 410)

• Not admissible against the defendant: a guilty plea later withdrawn, a nolo contendere plea, statements during proceedings on those pleas, or statements during plea discussions that did not result in a guilty plea or resulted in a later-withdrawn plea.
• Exceptions: Statements may be admitted if another statement from the same plea or discussion has been introduced (for fairness), or in a perjury/false statement proceeding if made under oath, on the record, with counsel present.

🚫 Liability insurance (Rule 411)

• Evidence that a person was or was not insured is not admissible to prove negligence or wrongful conduct.
• Exception: May be admitted for another purpose, such as proving bias, prejudice, agency, ownership, or control.

🚫 Victim's sexual behavior or predisposition (Rule 412)

• In cases involving alleged sexual misconduct, evidence of a victim's other sexual behavior or sexual predisposition is generally not admissible.
• Criminal case exceptions:
  • Evidence of specific instances of the victim's sexual behavior if offered to prove someone other than the defendant was the source of semen, injury, or other physical evidence.
  • Evidence of specific instances with respect to the accused, if offered by the defendant to prove consent or by the prosecutor.
  • Evidence whose exclusion would violate the defendant's constitutional rights.
• Civil case exception: Admissible if probative value substantially outweighs danger of harm to the victim and unfair prejudice to any party; reputation evidence only if the victim placed it in controversy.
• Procedure: Party must file a motion at least 14 days before trial, describing the evidence and its purpose; court must conduct an in camera hearing; motion and hearing record must be sealed.

🗣️ Witnesses and testimony

🗣️ Competency and personal knowledge

• Rule 601: Every person is competent to be a witness unless the rules provide otherwise (in civil cases, state law may govern competency for claims/defenses under state law).
• Rule 602: A witness may testify only if evidence supports a finding that the witness has personal knowledge of the matter (does not apply to expert testimony under Rule 703).
• Rule 603: Before testifying, a witness must give an oath or affirmation to testify truthfully.

🗣️ Judge and juror as witnesses

• Rule 605: The presiding judge may not testify as a witness at the trial; no objection is needed to preserve the issue.
• Rule 606(a): A juror may not testify as a witness before the other jurors at the trial.
• Rule 606(b): During an inquiry into a verdict or indictment, a juror may not testify about statements or incidents during deliberations, the effect on any juror's vote, or any juror's mental processes. Exceptions: A juror may testify about whether extraneous prejudicial information was improperly brought to the jury, an outside influence was improperly brought to bear, or a mistake was made in entering the verdict.

🗣️ Impeachment and credibility

• Rule 607: Any party, including the party that called the witness, may attack the witness's credibility.
• Rule 608: A witness's credibility may be attacked or supported by testimony about the witness's reputation or opinion for truthfulness/untruthfulness. Evidence of truthful character is admissible only after the witness's character for truthfulness has been attacked. Specific instances of conduct are not admissible via extrinsic evidence, but may be inquired into on cross-examination if probative of truthfulness/untruthfulness.
• Rule 609: A witness's character for truthfulness may be attacked by evidence of a criminal conviction for a crime punishable by death or imprisonment for more than one year (subject to Rule 403 balancing, or a stricter standard if the witness is a criminal defendant), or for any crime if establishing the elements required proving a dishonest act or false statement.

🗣️ Mode and order of examination (Rule 611)

• The court should exercise reasonable control to make procedures effective for determining truth, avoid wasting time, and protect witnesses from harassment or undue embarrassment.
• Cross-examination: Should not go beyond the subject matter of direct examination and matters affecting credibility (court may allow inquiry into additional matters as if on direct).
• Leading questions: Should not be used on direct examination except as necessary to develop testimony; ordinarily allowed on cross-examination and when calling a hostile witness, adverse party, or witness identified with an adverse party.

👨‍⚖️ Expert testimony

👨‍⚖️ When experts may testify (Rule 702)

"A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case."

• Qualification is broad: knowledge, skill, experience, training, or education.
• The testimony must help the jury understand evidence or determine a fact.
• It must be based on sufficient facts/data, reliable principles/methods, and reliable application.

👨‍⚖️ Bases of expert opinion (Rule 703)

• An expert may base an opinion on facts or data the expert has been made aware of or personally observed.
• If experts in the field would reasonably rely on such facts or data, they need not be admissible for the opinion to be admitted.
• Limitation: If the underlying facts or data are inadmissible, they may be disclosed to the jury only if their probative value in helping evaluate the opinion substantially outweighs their prejudicial effect.

👨‍⚖️ Ultimate issue and disclosure (Rules 704–705)

• Rule 704(a): An opinion is not objectionable just because it embraces an ultimate issue.
• Rule 704(b) exception: In a criminal case, an expert must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime or defense—those matters are for the trier of fact alone.
• Rule 705: An expert may state an opinion and give reasons without first testifying to the underlying facts or data, but may be required to disclose them on cross-examination.

🔇 Hearsay

🔇 What hearsay is

Rule 801(c): "Hearsay" means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

• Statement (Rule 801(a)): A person's oral assertion, written assertion, or nonverbal conduct if intended as an assertion.
• Declarant (Rule 801(b)): The person who made the statement.
• Rule 802: Hearsay is not admissible unless a federal statute, these rules, or other Supreme Court rules provide otherwise.
• Why hearsay is excluded: The excerpt describes hearsay as "unreliable evidence, such as second-hand statements about what happened."

🔇 Statements that are not hearsay (Rule 801(d))

• Declarant-witness's prior statement: The declarant testifies and is subject to cross-examination, and the prior statement was:
  • Inconsistent with testimony and given under penalty of perjury at a trial, hearing, proceeding, or deposition; or
  • Consistent with testimony and offered to rebut a charge of recent fabrication or improper influence/motive, or to rehabilitate credibility when attacked on another ground; or
  • Identifies a person the declarant perceived earlier.
• Opposing party's statement: Offered against an opposing party and was made by the party, adopted by the party, made by someone the party authorized to speak on the subject, made by the party's agent or employee within the scope of that relationship, or made by the party's coconspirator during and in furtherance of the conspiracy.

🔇 Hearsay exceptions—declarant's availability immaterial (Rule 803)

The rule lists 23 exceptions where hearsay is admissible regardless of whether the declarant is available. Key examples:

• Present sense impression: Statement describing/explaining an event or condition, made while or immediately after the declarant perceived it.
• Excited utterance: Statement relating to a startling event, made while under the stress of excitement it caused.
• Then-existing mental, emotional, or physical condition: Statement of the declarant's then-existing state of mind, emotion, sensation, or physical condition (but not memory or belief to prove the fact remembered/believed, except for will validity/terms).
• Statement for medical diagnosis or treatment: Made for and reasonably pertinent to medical diagnosis or treatment, describing medical history, symptoms, their inception, or general cause.
• Recorded recollection: A record on a matter the witness once knew but cannot now recall well enough to testify fully and accurately, made or adopted when fresh in memory, and accurately reflecting the witness's knowledge.
• Records of regularly conducted activity (business records): Record of an act, event, condition, opinion, or diagnosis if made at or near the time by someone with knowledge, kept in the course of a regularly conducted activity, and making the record was regular practice (shown by custodian or qualified witness testimony or certification), unless the source or circumstances indicate lack of trustworthiness.
• Public records: Record or statement of a public office setting out the office's activities, a matter observed under a legal duty to report (excluding law-enforcement observations in criminal cases), or factual findings from a legally authorized investigation (in civil cases or against the government in criminal cases), unless the source or circumstances indicate lack of trustworthiness.

🔇 Hearsay exceptions—declarant unavailable (Rule 804)

• Unavailability (Rule 804(a)): Declarant is unavailable if exempted by privilege, refuses to testify despite court order, testifies to not remembering, cannot be present due to death or infirmity, or is absent and the proponent could not procure attendance/testimony by reasonable means (does not apply if the proponent wrongfully caused unavailability).
• Exceptions (Rule 804(b)):
  • Former testimony: Given at a trial, hearing, or deposition, now offered against a party who had (or whose predecessor in interest had, in a civil case) an opportunity and similar motive to develop it.
  • Statement under belief of imminent death: In a homicide prosecution or civil case, a statement the declarant made while believing death was imminent, about its cause or circumstances.
  • Statement against interest: A reasonable person in the declarant's position would have made only if believing it true, because it was so contrary to the declarant's proprietary/pecuniary interest, invalidated the declarant's claim, or exposed the declarant to civil/criminal liability; if offered in a criminal case to expose the declarant to criminal liability, must be supported by corroborating circumstances clearly indicating trustworthiness.

🔇 Residual exception (Rule 807)

• A hearsay statement not covered by Rules 803 or 804 may be admitted if:
  • Supported by sufficient guarantees of trustworthiness (considering totality of circumstances and any corroborating evidence); and
  • More probative on the point than any other evidence the proponent can obtain through reasonable efforts.
• The proponent must give reasonable notice (in writing before trial, or during trial if the court excuses lack of earlier notice for good cause).

🔐 Privileges

🔐 General rule on privilege (Rule 501)

"The common law—as interpreted by United States courts in the light of reason and experience—governs a claim of privilege unless any of the following provides otherwise: the United States Constitution; a federal statute; or rules prescribed by the Supreme Court."

• Privileges are governed by federal common law (as developed by courts) unless the Constitution, a statute, or Supreme Court rules say otherwise.
• Exception: "But in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision."
• The excerpt mentions that "certain relationships and communications are not disclosed to the jury, so some evidence is excluded because it is 'privileged,' like communications between attorneys and their clients."

🔐 Attorney-client privilege and work product (Rule 502)

• Definitions (Rule 502(g)):
  • "Attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications.
  • "Work-product protection" means the protection for tangible material (or intangible equivalent) prepared in anticipation of litigation or for trial.
• Waiver scope (Rule 502(a)): If disclosure in a federal proceeding or to a federal office/agency waives the privilege or protection, the waiver extends to undisclosed communications/information in federal or state proceedings only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications concern the same subject matter; and (3) they ought in fairness to be considered together.
• Inadvertent disclosure (Rule 502(b)): Does not operate as a waiver in federal or state proceedings if: (1) the disclosure is inadvertent; (2) the holder took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error.
• Controlling effect: A federal court order or party agreement can control the effect of disclosure, but a party agreement binds only the parties unless incorporated into a court order.

🔍 Authentication and the best evidence rule

🔍 Authentication (Rule 901)

Rule 901(a): "To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is."

• Authentication is a threshold requirement: the proponent must show the item is what they claim.
• Examples (Rule 901(b), non-exhaustive):
  • Testimony of a witness with knowledge.
  • Nonexpert opinion about handwriting (based on familiarity not acquired for the litigation).
  • Comparison by an expert or the trier of fact with an authenticated specimen.
  • Distinctive characteristics and circumstances.
  • Opinion about a voice.
  • Evidence about a telephone conversation (call made to a number assigned to a particular person or business, with circumstances showing the person answering was the one called or the call related to business reasonably transacted by phone).
  • Evidence about public records.
  • Evidence about ancient documents (at least 20 years old, in a condition creating no suspicion, in a place where it would likely be if authentic).

🔍 Self-authenticating evidence (Rule 902)

• Certain items require no extrinsic evidence of authenticity:
  • Domestic public documents that are sealed and signed.
  • Domestic public documents not sealed but signed and certified.
  • Foreign public documents (with certification chain).
  • Certified copies of public records.
  • Official publications.
  • Newspapers and periodicals.
  • Trade inscriptions.
  • Acknowledged documents (notarized).
  • Commercial paper.
  • Items a federal statute declares presumptively or prima facie genuine.
  • Certified domestic/foreign records of regularly conducted activity (with notice to adverse party).
  • Certified records generated by an electronic process or system.
  • Certified data copied from an electronic device, storage medium, or file.

🔍 Best evidence rule (Rules 1001–1008)

• Rule 1002: An original writing, recording, or photograph is required to prove its content unless the rules or a federal statute provides otherwise.
• Definitions (Rule 1001):
  • "Original" of a writing or recording means the writing/recording itself or any counterpart intended to have the same effect; for electronically stored information, any printout or output readable by sight if it accurately reflects the information; for a photograph, includes the negative or a print.
  • "Duplicate" means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process that accurately reproduces the original.
• Rule 1003: A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or circumstances make it unfair to admit the duplicate.
• Rule 1004: Other evidence of content is admissible if: all originals are lost or destroyed (not by the proponent in bad faith); an original cannot be obtained by judicial process; the party against whom it would be offered had control and was on notice but fails to produce it; or the writing/recording/photograph is not closely related to a controlling issue.

📋 Procedural rules

📋 Preliminary questions (Rule 104)

• Rule 104(a): The court must decide preliminary questions about whether a witness is qualified, a privilege exists, or evidence is admissible. In deciding, the court is not bound by evidence rules, except those on privilege.
• Rule 104(b): When relevance depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist; the court may admit the evidence conditionally.
• Rule 104(c): The court must conduct any hearing on a preliminary question so the jury cannot hear it if: the hearing involves admissibility of a confession; a defendant in a criminal case is a witness and requests it; or justice requires.

📋 Rulings on evidence (Rule 103)

• Preserving error (Rule 103(a)): A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right and:
  • If the ruling admits evidence: a party timely objects or moves to strike on the record and states the specific ground (unless apparent from context).
  • If the ruling excludes evidence: a party informs the court of the evidence's substance by an offer of proof (unless apparent from context).
• Rule 103(b): Once the court rules definitively on the record (before or at trial), a party need not renew an objection or offer of proof to preserve error for appeal.
• Plain error (Rule 103(e)): A court may take notice of a plain error affecting a substantial right, even if not properly preserved.

📋 Limiting instructions (Rule 105)

• If the court admits evidence that is admissible against a party or for a purpose—but not against another party or for another purpose—the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

📋 Completeness (Rule 106)

• If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part—or any other writing or recorded statement—that in fairness ought to be considered at the same time.

📚 Historical context

📚 Development and amendment history

• For many years, evidence rules were developed by judges as common law.
• The Supreme Court drafted the Federal Rules of Evidence in 1972; Congress approved them in 1975.
• They are regularly amended and updated.
• Unlike the Federal Rules of Civil Procedure or Appellate Procedure, Congress is often interested in amending the Federal Rules of Evidence to address matters it cares about, such as evidence relating to sexual assault or what jurors may disclose about their proceedings.
• The rules have been amended 26 times since 1975, with the most recent amendment taking effect on December 1, 2020.

📚 Relationship to other law

• Rule 101(a): The rules apply to proceedings in United States courts; specific courts and proceedings (with exceptions) are set out in Rule 1101.
• Rule 402: Relevant evidence is admissible unless the U.S. Constitution, a federal statute, these rules, or other Supreme Court rules provide otherwise.
• Rule 1101(e): A federal statute or Supreme Court rule may provide for admitting or excluding evidence independently from these rules.
• In certain contexts (e.g., privilege in civil cases, witness competency in civil cases, presumptions in civil cases), state law may govern when state law supplies the rule of decision.

🧭 Overview

🧠 One-sentence thesis

The Federal Rules of Appellate Procedure (FRAP) govern the process and requirements for appeals from district courts to the U.S. courts of appeals, covering everything from filing deadlines to briefs and oral argument.

📌 Key points (3–5)

• What FRAP governs: procedure in U.S. courts of appeals, including appeals from district courts, bankruptcy cases, Tax Court, and administrative agencies.
• How FRAP was created: prescribed by the Supreme Court under 28 U.S.C. § 2072 and transmitted to Congress; first effective in 1968, last amended in 2021.
• Core procedural steps: filing a notice of appeal within strict time limits, preparing the record, filing briefs, and (usually) oral argument.
• Common confusion—timing: different deadlines apply depending on the type of case (civil vs. criminal) and the parties involved (e.g., 30 days for most civil appeals, 60 days if the U.S. is a party).
• Why it matters: FRAP ensures uniform appellate procedure across all federal circuits, though individual courts of appeals may supplement with local rules.

📋 Scope and authority

📋 What FRAP covers

FRAP: rules governing procedure in the United States courts of appeals.

• FRAP applies to appeals from district courts, bankruptcy appellate panels, the Tax Court, and review of administrative agency orders.
• Rule 1 states that when FRAP requires filing a motion or document in the district court, the procedure must comply with district court practice.
• "State" includes the District of Columbia and any U.S. commonwealth or territory.
• Individual appellate courts may have their own local rules that supplement FRAP.

⚖️ Authority to prescribe rules

• The Supreme Court has the power under 28 U.S.C. § 2072 to prescribe these rules.
• The rules are transmitted to Congress before they take effect.
• FRAP was first effective in 1968 and was last amended in 2021.
• The official version is published by the U.S. Courts at uscourts.gov.

🔄 Suspension of rules

• Rule 2 allows a court of appeals to suspend any provision of FRAP in a particular case—on its own motion or a party's motion—to expedite its decision or for other good cause.
• Exception: Rule 26(b) (extending time) cannot be suspended in certain circumstances.
• Example: If unusual circumstances make strict compliance impracticable, the court may order proceedings as it directs.

🚀 Initiating an appeal

🚀 Filing the notice of appeal (Rule 3)

Notice of appeal: the document that must be filed with the district clerk to take an appeal as of right.

• An appeal as of right is taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4.
• At filing, the appellant must furnish enough copies for the clerk to serve all parties.
• Failure to take any step other than timely filing the notice does not affect the validity of the appeal—it is only ground for the court of appeals to act as it considers appropriate (including dismissal).
• The notice must specify the parties appealing, designate the judgment or order being appealed, and name the court to which the appeal is taken.
• In a class action, naming one qualified representative is sufficient.
• The notice encompasses all orders that merge into the designated judgment; it is not necessary to list them separately.
• An appeal must not be dismissed for informality of form or title, or for failure to name a party whose intent to appeal is otherwise clear.

⏰ Time limits for filing (Rule 4)

⏰ Civil cases

• General rule: notice of appeal must be filed within 30 days after entry of the judgment or order.
• Extended deadline: 60 days if one of the parties is the United States, a U.S. agency, or a U.S. officer or employee sued in official or individual capacity for acts performed on behalf of the U.S.
• Multiple appeals: if one party timely files, any other party may file within 14 days after the first notice was filed, or within the otherwise prescribed time, whichever ends later.
• Effect of post-judgment motions: if a party files certain motions under the Federal Rules of Civil Procedure (e.g., for judgment under Rule 50(b), to amend findings under Rule 52(b), to alter or amend judgment under Rule 59, for new trial under Rule 59, or for relief under Rule 60 if filed within 28 days), the time to appeal runs from entry of the order disposing of the last such motion.
• A notice filed after the court announces a decision but before entry of judgment is treated as filed on the date of and after entry.

⏰ Criminal cases

• Defendant's deadline: notice must be filed within 14 days after the later of entry of judgment or order, or the government's notice of appeal.
• Government's deadline: 30 days after the later of entry of judgment or order, or any defendant's notice of appeal.
• Effect of post-judgment motions: if the defendant timely files a motion for judgment of acquittal (Rule 29), new trial (Rule 33, if not based on newly discovered evidence filed later than 14 days), or arrest of judgment (Rule 34), the notice must be filed within 14 days after entry of the order disposing of the last such motion, or within 14 days after entry of judgment, whichever is later.

⏰ Extensions and reopening

• Extension for excusable neglect or good cause: the district court may extend the time to file a notice of appeal if a party moves no later than 30 days after the prescribed time expires and shows excusable neglect or good cause. The extension may not exceed 30 days after the prescribed time or 14 days after the order granting the motion, whichever is later.
• Reopening: the district court may reopen the time to file an appeal for 14 days after its order to reopen is entered, but only if (1) the moving party did not receive notice of entry within 21 days, (2) the motion is filed within 180 days after entry or within 14 days after receiving notice, whichever is earlier, and (3) no party would be prejudiced.
• Don't confuse: extension (for excusable neglect) vs. reopening (for lack of notice).

⏰ Inmate filing (Rule 4(c))

• If an institution has a system for legal mail, an inmate must use it.
• A notice is timely if deposited in the institution's internal mail system on or before the last day for filing, accompanied by a declaration or notarized statement (or evidence such as a postmark) showing the date of deposit and that first-class postage is prepaid.
• If an inmate files the first notice in a civil case, the 14-day period for another party to file runs from the date the district court dockets the first notice.
• In a criminal case, the 30-day period for the government runs from entry of judgment or from docketing of the defendant's notice, whichever is later.

🔀 Appeals by permission and in special cases

🔀 Appeal by permission (Rule 5)

• To request permission to appeal when an appeal is within the court of appeals' discretion (e.g., under 28 U.S.C. § 1292(b)), a party must file a petition with the circuit clerk and serve it on all other parties.
• The petition must be filed within the time specified by statute or rule, or if none, within the time for filing a notice of appeal under Rule 4(a).
• The petition must include the facts, the question presented, the relief sought, the reasons why the appeal should be allowed, and a copy of the order and any related opinion.
• A party may file an answer or cross-petition within 10 days.
• If permission is granted, the appellant must pay fees and file a cost bond (if required) within 14 days; no separate notice of appeal is needed.

🔀 Bankruptcy appeals (Rule 6)

• An appeal from a district court exercising original jurisdiction in a bankruptcy case is taken like any other civil appeal.
• An appeal from a district court or bankruptcy appellate panel exercising appellate jurisdiction under 28 U.S.C. § 158(a) or (b) follows FRAP with modifications (e.g., Rules 4(a)(4), 4(b), 9–12, 13–20, 22–23, and 24(b) do not apply).
• The appellant must file a statement of issues and designation of the record within 14 days after filing the notice of appeal.
• Direct review by permission under 28 U.S.C. § 158(d)(2) has its own procedures.

🔀 Tax Court appeals (Rule 13)

• An appeal as of right from the U.S. Tax Court is commenced by filing a notice of appeal with the Tax Court clerk within 90 days after entry of the Tax Court's decision.
• If one party files timely, any other party may file within 120 days after the decision.
• If a party makes a timely motion to vacate or revise the decision, the time runs from entry of the order disposing of the motion or from entry of a new decision, whichever is later.
• The notice may be filed at the Tax Court clerk's office in D.C. or by mail (postmark date controls, subject to Internal Revenue Code § 7502).

🔀 Administrative agency review (Rule 15)

• Review of an agency order is commenced by filing a petition for review with the circuit clerk within the time prescribed by law.
• The petition must name each party seeking review, name the agency as respondent, and specify the order or part to be reviewed.
• The circuit clerk must serve a copy on each respondent as prescribed by Rule 3(d), unless a statute provides otherwise.
• A person who wants to intervene must file a motion within 30 days after the petition is filed.

📂 The record on appeal

📂 Composition of the record (Rule 10)

Record on appeal: the original papers and exhibits filed in the district court, the transcript of proceedings (if any), and a certified copy of the docket entries.

• The appellant must, within 14 days after filing the notice of appeal (or after entry of an order disposing of certain post-judgment motions, whichever is later), either order a transcript from the reporter or file a certificate stating no transcript will be ordered.
• If the appellant intends to argue that a finding is unsupported by the evidence, the appellant must include a transcript of all relevant evidence.
• If only a partial transcript is ordered, the appellant must file a statement of issues and serve it on the appellee; the appellee may designate additional parts within 14 days.
• If the transcript is unavailable, the appellant may prepare a statement of the evidence from the best available means; the appellee may serve objections or amendments within 14 days, and the district court must settle and approve the statement.

📂 Forwarding the record (Rule 11)

• The reporter must prepare and file the transcript; if it cannot be completed within 30 days, the reporter may request additional time from the circuit clerk.
• When the record is complete, the district clerk must number the documents and send them promptly to the circuit clerk with a list.
• The district clerk will not send documents of unusual bulk or weight, or physical exhibits other than documents, unless directed by a party or the circuit clerk.
• The parties may stipulate, or the district court may order, that the district clerk retain the record temporarily for use in preparing the appeal.

📂 Docketing the appeal (Rule 12)

• Upon receiving the notice of appeal and docket entries, the circuit clerk must docket the appeal under the title of the district-court action and identify the appellant.
• The attorney who filed the notice of appeal must, within 14 days, file a representation statement naming the parties the attorney represents on appeal.
• Upon receiving the record, the circuit clerk must file it and immediately notify all parties of the filing date.

📝 Briefs and appendices

📝 Appellant's brief (Rule 28(a))

The appellant's brief must contain, in order:

1. A disclosure statement (if required by Rule 26.1).
2. A table of contents with page references.
3. A table of authorities (cases alphabetically arranged, statutes, other authorities) with page references.
4. A jurisdictional statement (basis for district court and court of appeals jurisdiction, filing dates, assertion that appeal is from a final order or other basis for jurisdiction).
5. A statement of the issues presented for review.
6. A concise statement of the case (facts, procedural history, rulings presented for review, with record references).
7. A summary of the argument (succinct, clear, accurate; not merely repeating headings).
8. The argument (contentions, reasons, citations to authorities and record; for each issue, a concise statement of the standard of review).
9. A short conclusion stating the precise relief sought.
10. A certificate of compliance (if required by Rule 32(g)(1)).

📝 Appellee's and reply briefs

• The appellee's brief must conform to Rule 28(a)(1)–(8) and (10), except that the jurisdictional statement, statement of issues, statement of the case, and statement of standard of review need not appear unless the appellee is dissatisfied with the appellant's statement.
• The appellant may file a reply brief; no further briefs may be filed unless the court permits.
• A reply brief must contain a table of contents and table of authorities.

📝 Cross-appeals (Rule 28.1)

• In a case with a cross-appeal, the party who files first is the appellant for purposes of the rule.
• The appellant files a principal brief; the appellee files a principal and response brief; the appellant files a response and reply brief; the appellee may file a reply brief.
• Specific length limits and cover colors apply (e.g., appellant's principal brief: blue; appellee's principal and response: red; appellant's response and reply: yellow; appellee's reply: gray).

📝 Appendix to the briefs (Rule 30)

• The appellant must prepare and file an appendix containing relevant docket entries, pleadings, findings, the judgment or order in question, and other parts of the record to which the parties wish to direct the court's attention.
• Memoranda of law should not be included unless they have independent relevance.
• Unless filing is deferred, the appellant must file 10 copies with the brief and serve one copy on each separately represented party (or 4 copies if proceeding in forma pauperis).
• The parties are encouraged to agree on the contents; if not, the appellant must serve a designation within 14 days after the record is filed, and the appellee may designate additional parts within 14 days.
• The court may permit a deferred appendix (filed 21 days after the appellee's brief).

📝 Form and length (Rule 32)

• Briefs must be reproduced on opaque, unglazed 8½ by 11 inch paper, double-spaced (quotations over two lines may be single-spaced), with at least one-inch margins.
• Typeface: proportionally spaced (14-point or larger with serifs) or monospaced (no more than 10½ characters per inch).
• Length limits:
  • Principal brief: 30 pages or 13,000 words (or 1,300 lines monospaced).
  • Reply brief: 15 pages or half the type volume of a principal brief.
• Cover colors (for represented parties): appellant's brief: blue; appellee's: red; intervenor's or amicus: green; reply: gray; supplemental: tan.
• A certificate of compliance is required if using word or line limits.

📝 Amicus curiae briefs (Rule 29)

• The United States, its officer or agency, or a state may file an amicus brief without consent or leave.
• Any other amicus may file only by leave of court or if all parties consent.
• An amicus brief must comply with Rule 32 and include a disclosure statement (if a corporation), tables of contents and authorities, a statement of identity and interest, and an argument.
• Length: no more than half the maximum for a party's principal brief.
• Time: no later than 7 days after the principal brief of the party being supported (or 7 days after the appellant's brief if not supporting either party).

🗣️ Oral argument and decision

🗣️ Oral argument (Rule 34)

• Oral argument must be allowed in every case unless a panel of three judges unanimously agrees it is unnecessary because (1) the appeal is frivolous, (2) the issues have been authoritatively decided, or (3) the facts and arguments are adequately presented in the briefs and record.
• The clerk must advise all parties whether argument will be scheduled and, if so, the date, time, place, and time allowed for each side.
• The appellant opens and concludes the argument; counsel must not read at length from briefs, records, or authorities.
• If the appellee fails to appear, the court must hear the appellant; if the appellant fails to appear, the court may hear the appellee; if neither appears, the case will be decided on the briefs unless the court orders otherwise.

🗣️ Entry of judgment (Rule 36)

• A judgment is entered when it is noted on the docket.
• The clerk must prepare, sign, and enter the judgment after receiving the court's opinion (or, if no opinion, as the court instructs).
• On the date judgment is entered, the clerk must serve on all parties a copy of the opinion (or judgment if no opinion) and a notice of the date of entry.

🗣️ Petition for rehearing (Rule 40)

• A petition for panel rehearing may be filed within 14 days after entry of judgment (or 45 days in a civil case if one of the parties is the United States or a U.S. officer/employee).
• The petition must state with particularity each point of law or fact the petitioner believes the court overlooked or misapprehended.
• No response is permitted unless the court requests one.
• Length: 3,900 words (computer) or 15 pages (handwritten/typewritten).

🗣️ En banc determination (Rule 35)

• A majority of circuit judges in regular active service (who are not disqualified) may order that an appeal be heard or reheard en banc.
• En banc is not favored and ordinarily will not be ordered unless (1) necessary to secure or maintain uniformity of the court's decisions, or (2) the proceeding involves a question of exceptional importance.
• A party may petition for en banc hearing or rehearing; the petition must begin with a statement that the panel decision conflicts with Supreme Court or circuit precedent, or involves a question of exceptional importance.
• Length: 3,900 words or 15 pages.
• A petition for en banc must be filed by the date the appellee's brief is due (for initial hearing) or within the time for filing a petition for rehearing (for rehearing en banc).

🗣️ Mandate (Rule 41)

• Unless the court directs otherwise, the mandate consists of a certified copy of the judgment, a copy of the opinion (if any), and any direction about costs.
• The mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition, whichever is later.
• A party may move to stay the mandate pending filing of a petition for certiorari in the Supreme Court; the stay must not exceed 90 days unless extended or the petition is filed.

⚙️ General provisions

⚙️ Filing and service (Rule 25)

• A paper must be filed with the clerk.
• Nonelectronic filing: for a paper not filed electronically, filing is timely if the clerk receives it within the time fixed, except that a brief or appendix is timely if mailed by first-class mail (or dispatched to a commercial carrier for delivery within 3 days) on or before the last day for filing.
• Electronic filing: a represented person must file electronically unless nonelectronic filing is allowed for good cause or by local rule; an unrepresented person may file electronically only if allowed by court order or local rule.
• Service: unless service by the clerk is required, a party must serve a copy on the other parties at or before the time of filing; service on a party represented by counsel must be made on counsel.
• Service by mail or commercial carrier is complete on mailing or delivery to the carrier; electronic service is complete on filing or sending, unless the sender is notified the paper was not received.

⚙️ Computing time (Rule 26)

• Period stated in days: exclude the day of the triggering event; count every day (including weekends and holidays); include the last day, but if it is a Saturday, Sunday, or legal holiday, the period continues to the next day that is not.
• Period stated in hours: begin counting immediately; count every hour; if the period would end on a weekend or holiday, it continues to the same time on the next non-weekend/holiday.
• "Last day" defined: for electronic filing in district court, midnight in the court's time zone; for electronic filing in the court of appeals, midnight in the circuit clerk's principal office time zone; for filing by mail or inmate, the latest time for the method chosen.
• Additional time after service: when a party must act within a specified time after being served, and the paper is not served electronically or delivered on the date stated in the proof of service, 3 days are added.

⚙️ Costs (Rule 39)

• Unless the law or court orders otherwise: if an appeal is dismissed, costs are taxed against the appellant; if a judgment is affirmed, costs are taxed against the appellant; if reversed, against the appellee; if affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the court orders.
• A party who wants costs taxed must file an itemized and verified bill of costs within 14 days after entry of judgment; objections must be filed within 14 days after service of the bill.
• Costs on appeal taxable in the district court include preparation and transmission of the record, the reporter's transcript (if needed), premiums for bonds, and the fee for filing the notice of appeal.

⚙️ Stays and bonds (Rules 7, 8)

• In a civil case, the district court may require an appellant to file a bond or other security to ensure payment of costs on appeal.
• A party must ordinarily move first in the district court for a stay of judgment, approval of a bond, or an order suspending/modifying/restoring/granting an injunction while an appeal is pending.
• A motion for such relief may be made to the court of appeals if moving first in the district court would be impracticable, or if the district court denied the motion or failed to afford relief.

⚙️ Voluntary dismissal (Rule 42)

• Before an appeal is docketed by the circuit clerk, the district court may dismiss the appeal on filing of a stipulation signed by all parties or on the appellant's motion with notice.
• After docketing, the circuit clerk may dismiss if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any fees due.
• An appeal may be dismissed on the appellant's motion on terms agreed to by the parties or fixed by the court.

⚙️ Corporate disclosure and constitutional questions (Rules 26.1, 44)

• Any nongovernmental corporation that is a party must file a statement identifying any parent corporation and any publicly held corporation owning 10% or more of its stock.
• If a party questions the constitutionality of an Act of Congress and the U.S. is not a party, the party must give written notice to the circuit clerk, who must certify that fact to the Attorney General.
• If a party questions the constitutionality of a state statute and the state is not a party, the party must give written notice, and the clerk must certify to the state attorney general.

⚙️ Local rules and practice (Rule 47)

• Each court of appeals may make and amend local rules governing its practice, after giving public notice and opportunity for comment.
• A local rule must be consistent with (but not duplicative of) Acts of Congress and rules adopted under 28 U.S.C. § 2072, and must conform to any uniform numbering system.
• A local rule imposing a form requirement must not be enforced in a way that causes a party to lose rights because of a nonwillful failure to comply.
• No sanction may be imposed for noncompliance with any requirement not in federal law, federal rules, or local circuit rules unless the alleged violator has been furnished actual notice in the particular case.

🏛️ Context: Title 28 and the federal judicial system

🏛️ Title 28 of the U.S. Code

• The U.S. Code compiles general and permanent federal laws, organized into 54 titles by subject matter.
• Title 28 is codified as "Judiciary and Judicial Procedure" and covers topics relating to the federal judicial system.
• The Constitution established the Judicial Branch in Article III but did not detail the structure beyond "one Supreme Court, and in such inferior courts as the Congress may from time to time establish."
• Congress enacted Title 28 in 1948 to create a unified judicial code, replacing piecemeal legislation that had led to inefficiency and ambiguity.
• The Office of Law Revision Counsel issues a new edition every six years, reflecting changes in the law.

🏛️ How FRAP fits in

• FRAP is not part of Title 28 itself; rather, Title 28 authorizes the Supreme Court to prescribe rules of practice and procedure (28 U.S.C. § 2072).
• FRAP governs appellate procedure in the federal courts of appeals, which are the intermediate appellate courts in the federal system (between district courts and the Supreme Court).
• FRAP works in tandem with the Federal Rules of Civil Procedure (which govern district court proceedings) and the Federal Rules of Evidence.
• Individual circuits may supplement FRAP with local rules, but those rules must be consistent with FRAP and federal statutes.

🧭 Overview

🧠 One-sentence thesis

Title 28 of the United States Code establishes the structure, jurisdiction, and procedures of the federal judicial system, ensuring efficiency and compliance with federalism by codifying rules for courts of appeal, district courts, the Supreme Court, venue, removal, and related matters.

📌 Key points (3–5)

• What Title 28 is: The official federal statute that organizes the Judiciary and Judicial Procedure, enacted in 1948 to unify previously piecemeal legislation.
• Why it was created: Before the twentieth century, the federal court system was inefficient and ambiguous; Title 28 consolidated and clarified the structure.
• What it covers: Jurisdiction (original and appellate), venue, removal from state courts, appeals, habeas corpus, declaratory judgments, fees, and rule-making authority.
• Common confusion: Title 28 does not grant subject-matter jurisdiction by itself—it describes which courts have jurisdiction over which types of cases, but the Constitution and other statutes provide the underlying authority.
• How it is maintained: The Office of Law Revision Counsel publishes a new edition every six years, incorporating amendments and removing repealed sections.

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🏛️ Structure and purpose of Title 28

🏛️ What Title 28 is

Title 28 of the United States Code: the official compilation of general and permanent laws relating to the federal judicial system, codified as "Judiciary and Judicial Procedure."

• Congress compiled the U.S. Code in 1926, organizing all general and permanent laws into 54 titles by subject matter.
• Title 28 became effective in 1948 after previous attempts to create a unified judicial code failed.
• The excerpt notes that only selected sections are provided; the official version is at https://uscode.house.gov/.

📜 Historical context

• The Constitution established the Judicial Branch in Article III but left the structure largely to Congress: "the Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time establish."
• Before Title 28, the federal court system was held together by piecemeal legislation, leading to inefficiency and ambiguity.
• Title 28's goal: ensure the judicial branch is efficient and complies with the tenets of federalism.

🗂️ What Title 28 dictates

• Rules of jurisdiction (which court can hear which cases).
• Rules of venue (where a case may be filed geographically).
• Rules of appellate review (how decisions are appealed).
• Other related issues: removal from state courts, habeas corpus, declaratory judgments, fees and costs, and rule-making authority.

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🏢 Courts of Appeal

🏢 Thirteen judicial circuits

• The excerpt lists the thirteen circuits and their composition (§41).
• Example: the First Circuit comprises Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island; the Ninth Circuit includes Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, and Hawaii.
• The Federal Circuit covers "All Federal judicial districts" and has specialized jurisdiction (patents, trademarks, etc.).

👨‍⚖️ Assignment of judges and panels (§46)

• Circuit judges sit on the court and its panels as the court directs.
• Panels: Each circuit may authorize hearing by separate panels of three judges, at least a majority of whom must be judges of that court (unless recused/disqualified or an emergency exists).
• En banc: Cases may be heard by the full court (all circuit judges in regular active service) if a majority of the circuit judges orders it.
• Quorum: A majority of the authorized number of judges constitutes a quorum.

Don't confuse: A panel (usually three judges) vs. en banc (the full court). En banc review is rare and requires a majority vote to order it.

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🏛️ District Courts

🏛️ Geographic organization

• The excerpt provides examples of how states are divided into judicial districts and divisions.
• Example: Illinois is divided into Northern, Central, and Southern Districts (§93); Iowa into Northern and Southern Districts (§95); Minnesota constitutes one district with six divisions (§103).
• Each division lists the counties it comprises and where court is held.

Why this matters: Venue rules (where a case may be filed) depend on these geographic boundaries.

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⚖️ Supreme Court jurisdiction

⚖️ Original jurisdiction (§1251)

• Original and exclusive: All controversies between two or more States.
• Original but not exclusive:
  • Actions involving ambassadors, other public ministers, consuls, or vice consuls of foreign states.
  • Controversies between the United States and a State.
  • Actions by a State against citizens of another State or against aliens.

Don't confuse: "Original" means the Supreme Court hears the case first (not on appeal); "exclusive" means no other court can hear it.

📜 Appellate jurisdiction

📜 Direct appeals from three-judge courts (§1253)

• Any party may appeal to the Supreme Court from an order granting or denying an injunction in a civil action required by Congress to be heard by a district court of three judges.

📜 Courts of appeals; certiorari (§1254)

• Cases in the courts of appeals may be reviewed by the Supreme Court by:
  1. Writ of certiorari granted upon petition of any party, before or after judgment.
  2. Certification by a court of appeals of any question of law, and the Supreme Court may give binding instructions or require the entire record.

📜 State courts; certiorari (§1257)

• Final judgments or decrees rendered by the highest court of a State may be reviewed by the Supreme Court by writ of certiorari where:
  • The validity of a treaty or statute of the United States is drawn in question, or
  • The validity of a state statute is questioned on the ground of repugnancy to the Constitution, treaties, or laws of the United States, or
  • Any title, right, privilege, or immunity is specially set up or claimed under the Constitution or federal law.

Common confusion: The Supreme Court does not automatically review every case; certiorari is discretionary (the Court chooses which cases to hear).

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🔄 Courts of Appeal jurisdiction (appellate)

🔄 Final decisions of district courts (§1291)

• Courts of appeals have jurisdiction of appeals from all final decisions of the district courts, except where direct review may be had in the Supreme Court.
• The Federal Circuit's jurisdiction is limited to the jurisdiction described in §§1292(c), (d), and 1295.

🔄 Interlocutory decisions (§1292)

• Courts of appeals have jurisdiction of appeals from certain interlocutory orders (orders issued before final judgment):
  • Orders granting, continuing, modifying, refusing, or dissolving injunctions (§1292(a)(1)).
  • Orders appointing receivers or refusing to wind up receiverships (§1292(a)(2)).
  • Interlocutory decrees in admiralty cases determining rights and liabilities (§1292(a)(3)).
• Discretionary appeal: When a district judge certifies that an order involves a controlling question of law with substantial ground for difference of opinion and that immediate appeal may materially advance the ultimate termination of the litigation, the court of appeals may permit an appeal (§1292(b)).

Don't confuse: Final decisions (§1291) vs. interlocutory decisions (§1292). Final decisions end the case; interlocutory orders are issued during the case.

🔄 Which circuit hears the appeal (§1294)

• Appeals from district courts are taken to the court of appeals for the circuit embracing the district.
• Specific rules for the Canal Zone, Virgin Islands, and Guam.

🔄 Federal Circuit jurisdiction (§1295)

• The United States Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals from:
  • Final decisions in civil actions arising under any Act of Congress relating to patents or plant variety protection (§1295(a)(1)).
  • Final decisions based on §1346 (United States as defendant), with exceptions (§1295(a)(2)).
  • Final decisions of the United States Court of Federal Claims (§1295(a)(3)).
  • Decisions of the Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, etc. (§1295(a)(4)).
  • Final decisions of the United States Court of International Trade (§1295(a)(5)).
  • And other specialized matters (trade, plant variety protection, Merit Systems Protection Board, agency boards of contract appeals, etc.).

Why this matters: Patent, trademark, and certain other specialized cases always go to the Federal Circuit, not to the regional circuit.

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🗺️ District Court jurisdiction (subject-matter)

🗺️ Actions against foreign states (§1330)

• District courts have original jurisdiction of any nonjury civil action against a foreign state (as defined in §1603(a)) where the foreign state is not entitled to immunity under §§1605–1607 or any applicable international agreement.
• Personal jurisdiction exists where service has been made under §1608.

🗺️ Federal question (§1331)

Federal question jurisdiction: original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

• This is the primary basis for federal jurisdiction over cases involving federal law.
• No amount-in-controversy requirement.

🗺️ Diversity of citizenship (§1332)

Diversity jurisdiction: original jurisdiction of civil actions where the matter in controversy exceeds $75,000, exclusive of interest and costs, and is between citizens of different States (or other specified parties).

• Basic diversity (§1332(a)):
  • Citizens of different States.
  • Citizens of a State and citizens or subjects of a foreign state (with exceptions for lawful permanent residents domiciled in the same State).
  • Citizens of different States and citizens or subjects of a foreign state as additional parties.
  • A foreign state as plaintiff and citizens of a State or of different States.
• Corporate citizenship (§1332(c)(1)): A corporation is deemed a citizen of every State in which it has been incorporated and of the State where it has its principal place of business.
• Class actions (§1332(d)): Special rules for class actions with an amount in controversy exceeding $5,000,000 and minimal diversity (any member of a class of plaintiffs is a citizen of a State different from any defendant, etc.). The district court may decline jurisdiction in certain circumstances (§1332(d)(3)) and must decline in others (§1332(d)(4)).

Common confusion: Diversity jurisdiction requires complete diversity (no plaintiff shares citizenship with any defendant) for basic diversity under §1332(a), but minimal diversity (at least one plaintiff and one defendant are from different states) for class actions under §1332(d).

🗺️ Admiralty, maritime, and prize cases (§1333)

• District courts have original jurisdiction, exclusive of the courts of the States, of any civil case of admiralty or maritime jurisdiction and any prize brought into the United States.

🗺️ Bankruptcy cases and proceedings (§1334)

• District courts have original and exclusive jurisdiction of all cases under title 11 (Bankruptcy Code).
• District courts have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.
• The district court may abstain from hearing a particular proceeding in the interest of justice or comity with State courts (§1334(c)).

🗺️ Interpleader (§1335)

• District courts have original jurisdiction of any civil action of interpleader filed by any person having in custody or possession money or property of the value of $500 or more, if two or more adverse claimants of diverse citizenship are claiming or may claim to be entitled to such money or property.

🗺️ Commerce and antitrust regulations (§1337)

• District courts have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies.
• Exceptions: certain matters within the exclusive jurisdiction of the Court of International Trade.

🗺️ Patents, copyrights, trademarks, etc. (§1338)

• District courts have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights, and trademarks.
• No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights (§1338(a)).
• District courts also have jurisdiction of unfair competition claims when joined with a substantial and related claim under copyright, patent, plant variety protection, or trademark laws (§1338(b)).

🗺️ Civil rights and elective franchise (§1343)

• District courts have original jurisdiction of any civil action authorized by law to be commenced by any person to:
  • Recover damages for injury to person or property, or deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in 42 U.S.C. §1985.
  • Redress the deprivation, under color of any State law, of any right, privilege, or immunity secured by the Constitution or by any Act of Congress providing for equal rights (§1343(a)(3)).
  • Recover damages or secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote (§1343(a)(4)).

🗺️ United States as plaintiff (§1345)

• District courts have original jurisdiction of all civil actions, suits, or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress.

🗺️ United States as defendant (§1346)

• District courts have original jurisdiction, concurrent with the United States Court of Federal Claims, of:
  • Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected (§1346(a)(1)).
  • Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded upon the Constitution, any Act of Congress, any regulation of an executive department, or upon any express or implied contract with the United States (§1346(a)(2)).
• Federal Tort Claims Act (§1346(b)(1)): District courts have exclusive jurisdiction of civil actions on claims against the United States for money damages for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable under the law of the place where the act or omission occurred.

🗺️ Supplemental jurisdiction (§1367)

• In any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the Constitution (§1367(a)).
• Exception for diversity cases: In any civil action of which the district courts have original jurisdiction founded solely on §1332, the district courts shall not have supplemental jurisdiction over claims by plaintiffs against persons made parties under Rules 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 or seeking to intervene as plaintiffs under Rule 24, when exercising supplemental jurisdiction would be inconsistent with the jurisdictional requirements of §1332 (§1367(b)).
• The district courts may decline to exercise supplemental jurisdiction if:
  • The claim raises a novel or complex issue of State law.
  • The claim substantially predominates over the claim or claims over which the district court has original jurisdiction.
  • The district court has dismissed all claims over which it has original jurisdiction.
  • In exceptional circumstances, there are other compelling reasons for declining jurisdiction (§1367(c)).

Common confusion: Supplemental jurisdiction allows a federal court to hear state-law claims that are part of the same case or controversy as a federal claim, but §1367(b) restricts this in diversity cases to preserve complete diversity.

🗺️ Multiparty, multiforum jurisdiction (§1369)

• District courts have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if:
  • A defendant resides in a State and a substantial part of the accident took place in another State or other location, or
  • Any two defendants reside in different States, or
  • Substantial parts of the accident took place in different States (§1369(a)).
• The district court shall abstain if the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens, and the claims will be governed primarily by the laws of that State (§1369(b)).

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📍 Venue

📍 What venue means (§1390)

Venue: the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts.

• Venue does not refer to any grant or restriction of subject-matter jurisdiction; it refers only to which district(s) within the federal system may hear the case.
• This chapter does not govern venue of admiralty cases (§1333) or the district to which a case may be removed from state court, but it does govern transfer after removal (§1390(b), (c)).

📍 Venue generally (§1391)

• Applicability: This section governs the venue of all civil actions brought in district courts, except as otherwise provided by law (§1391(a)).
• Venue in general (§1391(b)): A civil action may be brought in:
  1. A judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located.
  2. A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.
  3. If there is no district in which an action may otherwise be brought, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action (fallback venue).
• Residency (§1391(c)):
  • A natural person (including an alien lawfully admitted for permanent residence) is deemed to reside in the judicial district in which that person is domiciled.
  • An entity with the capacity to sue and be sued in its common name is deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court's personal jurisdiction with respect to the civil action in question; if a plaintiff, only in the judicial district in which it maintains its principal place of business.
  • A defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect to other defendants.
• Residency of corporations in States with multiple districts (§1391(d)): A corporation is deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State; if there is no such district, the corporation is deemed to reside in the district within which it has the most significant contacts.

Example: Sender (a natural person domiciled in the Northern District of Illinois) sues Receiver (a corporation incorporated in Delaware with its principal place of business in the Central District of California) for breach of contract. The contract was negotiated and signed in the Southern District of New York. Venue is proper in:

• The Central District of California (where Receiver resides as a defendant, and Sender is a resident of Illinois, so not all defendants are residents of California—this fails the "all defendants are residents of the State" requirement, so venue is not proper under §1391(b)(1)).
• The Southern District of New York (where a substantial part of the events giving rise to the claim occurred).
• Not the Northern District of Illinois (Sender's residence), because Sender is the plaintiff, not the defendant.

Don't confuse: Venue (where the case may be filed) vs. personal jurisdiction (whether the court has power over the defendant). Venue depends on the defendant's residence or where the events occurred; personal jurisdiction depends on the defendant's contacts with the forum.

📍 Special venue provisions

• Actions against the United States (§1402): Venue depends on the type of claim (e.g., tax claims may be brought where the plaintiff resides; tort claims where the plaintiff resides or where the act or omission occurred).
• Eminent domain (§1403): Proceedings to condemn real estate for the use of the United States shall be brought in the district where the land is located.
• Change of venue (§1404): For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
• Cure or waiver of defects (§1406): If a case is filed in the wrong division or district, the district court shall dismiss, or if it is in the interest of justice, transfer such case to any district or division in which it could have been brought.
• Multidistrict litigation (§1407): When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings by the judicial panel on multidistrict litigation.

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🔄 Removal of cases from state courts

🔄 General removal (§1441)

• Generally (§1441(a)): Any civil action brought in a State court of which the district courts of the United States have original jurisdiction may be removed by the defendant or defendants to the district court of the United States for the district and division embracing the place where such action is pending.
• Removal based on diversity of citizenship (§1441(b)):
  • The citizenship of defendants sued under fictitious names shall be disregarded.
  • A civil action otherwise removable solely on the basis of diversity jurisdiction (§1332(a)) may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought (the "forum defendant rule").
• Joinder of federal law claims and state law claims (§1441(c)): If a civil action includes a claim arising under federal law (§1331) and a claim not within the original or supplemental jurisdiction of the district court (or made nonremovable by statute), the entire action may be removed if the action would be removable without the inclusion of the non-federal claim. Upon removal, the district court shall sever and remand the non-federal claims.

Common confusion: The forum defendant rule (§1441(b)(2)) applies only to removal based on diversity jurisdiction, not to removal based on federal question jurisdiction.

🔄 Procedure for removal (§1446)

• Generally (§1446(a)): A defendant desiring to remove any civil action from a State court shall file in the district court a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant.
• Requirements; generally (§1446(b)):
  • The notice of removal shall be filed within 30 days after the receipt by the defendant of a copy of the initial pleading setting forth the claim for relief, or within 30 days after the service of summons, whichever period is shorter.
  • When a civil action is removed solely under §1441(a), all defendants who have been properly joined and served must join in or consent to the removal (§1446(b)(2)(A)).
  • If the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt of a copy of an amended pleading, motion, order, or other paper from which it may first be ascertained that the case is or has become removable (§1446(b)(3)).
• Requirements; removal based on diversity of citizenship (§1446(c)):
  • A case may not be removed under §1446(b)(3) on the basis of diversity jurisdiction more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith to prevent removal.
  • If the initial pleading seeks nonmonetary relief or does not specify the amount, the notice of removal may assert the amount in controversy, and removal is proper if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds $75,000 (§1446(c)(2)).
• Notice to adverse parties and State court (§1446(d)): Promptly after filing the notice of removal, the defendant shall give written notice to all adverse parties and shall file a copy with the clerk of the State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.

🔄 Procedure after removal (§1447)

• The district court may issue all necessary orders and process to bring before it all proper parties (§1447(a)).
• Motion to remand (§1447(c)): A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal. If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.
• Reviewability (§1447(d)): An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case removed pursuant to §1442 or §1443 shall be reviewable by appeal or otherwise.

Don't confuse: Defects in removal procedure (must be raised within 30 days) vs. lack of subject matter jurisdiction (may be raised at any time, even on the court's own motion).

🔄 Special removal provisions

• Federal officers or agencies sued or prosecuted (§1442): A civil action or criminal prosecution commenced in a State court against the United States, any agency thereof, or any officer (or person acting under that officer) of the United States may be removed by them to the district court.
• Members of armed forces sued or prosecuted (§1442a): A civil or criminal prosecution in a State court against a member of the armed forces on account of an act done under color of his office or status may be removed.
• Civil rights cases (§1443): Any civil action or criminal prosecution commenced in a State court may be removed by the defendant if the defendant is denied or cannot enforce in the courts of such State a right under any law providing for equal civil rights, or for any act under color of authority derived from any law providing for equal rights.
• Class actions (§1453): A class action may be removed to a district court in accordance with §1446 (except that the 1-year limitation under §1446(c)(1) shall not apply), without regard to whether any defendant is a citizen of the State in which the action is brought, and such action may be removed by any defendant without the consent of all defendants.
• Patent, plant variety protection, and copyright cases (§1454): A civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights may be removed to the district court. The action may be removed by any party, and the time limitations in §1446(b) may be extended at any time for cause shown.

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🔧 General provisions

🔧 Transfer to cure want of jurisdiction (§1631)

• Whenever a civil action is filed in a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action to any other such court in which the action could have been brought at the time it was filed, and the action shall proceed as if it had been filed in the court to which it is transferred on the date upon which it was actually filed in the court from which it is transferred.

🔧 Writs (§1651)

• The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law (§1651(a)).

🔧 State laws as rules of decision (§1652)

Erie doctrine: The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.

• This codifies the principle that federal courts sitting in diversity must apply state substantive law.

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📜 Evidence; documentary

📜 State and Territorial statutes and judicial proceedings; full faith and credit (§1738)

• The Acts of the legislature of any State, Territory, or Possession, or copies thereof, shall be authenticated by affixing the seal of such State, Territory, or Possession.
• The records and judicial proceedings of any court of any such State, Territory, or Possession, or copies thereof, shall be proved or admitted in other courts within the United States by the attestation of the clerk and seal of the court, together with a certificate of a judge of the court that the attestation is in proper form.
• Such Acts, records, and judicial proceedings, so authenticated, shall have the same full faith and credit in every court within the United States as they have by law or usage in the courts of such State, Territory, or Possession from which they are taken.

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💰 Fees and costs

💰 Counsel's liability for excessive costs (§1927)

• Any attorney or other person admitted to conduct cases in any court of the United States who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct.

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📏 Rules of courts

📏 Rule-making power generally (§2071)

• The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business (§2071(a)).
• Such rules shall be consistent with Acts of Congress and rules of practice and procedure prescribed under §2072.
• Any rule prescribed by a court, other than the Supreme Court, shall be prescribed only after giving appropriate public notice and an opportunity for comment (§2071(b)).

📏 Rules of procedure and evidence; power to prescribe (§2072)

• The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts and courts of appeals (§2072(a)).
• Such rules shall not abridge, enlarge or modify any substantive right (§2072(b)).
• All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.

📏 Rules of procedure and evidence; method of prescribing (§2073)

• The Judicial Conference shall prescribe and publish the procedures for the consideration of proposed rules (§2073(a)(1)).
• The Judicial Conference may authorize the appointment of committees to assist by recommending rules (§2073(a)(2)).
• Each meeting for the transaction of business by any committee shall be open to the public, except when the committee determines that it is in the public interest to close all or part of the meeting (§2073(c)(1)).

📏 Rules of procedure and evidence; submission to Congress; effective date (§2074)

• The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under §2072 is to become effective a copy of the proposed rule (§2074(a)).
• Such rule shall take effect no earlier than December 1 of the year in which such rule is so transmitted unless otherwise provided by law.
• Any rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress (§2074(b)).

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⚖️ Declaratory judgments

⚖️ Creation of remedy (§2201)

• In a case of actual controversy within its jurisdiction, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought (§2201(a)).
• Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.
• Exceptions: Federal taxes (other than actions brought under section 7428 of the Internal Revenue Code), proceedings under §505 or 1146 of title 11, and certain antidumping or countervailing duty proceedings.

⚖️ Further relief (§2202)

• Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment.

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🔒 Habeas corpus

🔒 Power to grant writ (§2241)

• Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts, and any circuit judge within their respective jurisdictions (§2241(a)).
• The writ of habeas corpus shall not extend to a prisoner unless:
  • He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof.
  • He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment, or decree of a court or judge of the United States.
  • He is in custody in violation of the Constitution or laws or treaties of the United States.
  • He, being a citizen of a foreign state and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order, or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations.
  • It is necessary to bring him into court to testify or for trial (§2241(c)).

🔒 Application (§2242)

• Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf.
• It shall allege the facts concerning the applicant's commitment or detention, the name of the person who has custody over him, and by virtue of what claim or authority, if known.

🔒 Issuance of writ; return; hearing; decision (§2243)

• A court, justice, or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.
• The writ, or order to show cause, shall be directed to the person having custody of the person detained and shall be returned within three days unless for good cause additional time is allowed.
• The person to whom the writ or order is directed shall make a return certifying the true cause of the detention.
• When the writ or order is returned, a day shall be set for hearing, not more than five days after the return unless for good cause additional time is allowed.
• The court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.

🔒 Finality of determination (§2244)

• No circuit or district judge shall be required to entertain an application for a writ of habeas corpus to inquire into the detention of a person pursuant to a judgment of a court of the United States if it appears that the legality of such detention has been determined by a judge or court of the United States on a prior application, except as provided in §2255 (§2244(a)).
• Second or successive habeas corpus applications (§2244(b)):
  • A claim presented in a second or successive application that was presented in a prior application shall be dismissed.
  • A claim presented in a second or successive application that was not presented in a prior application shall be dismissed unless:
    • The applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable, or
    • The factual predicate for the claim could not have been discovered previously through the exercise of due diligence, and the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense (§2244(b)(2)).
  • Before a second or successive application is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application (§2244(b)(3)(A)).
• Limitation period (§2244(d)): A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of:
  • The date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.
  • The date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action.
  • The date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.
  • The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

🔒 Appeal (§2253)

• In a habeas corpus proceeding or a proceeding under §2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held (§2253(a)).
• Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, or from the final order in a proceeding under §2255 (§2253(c)(1)).
• A certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right (§2253(c)(2)).

🔒 State custody; remedies in Federal courts (§2254)

• The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States (§2254(a)).
• Exhaustion of State remedies (§2254(b)(1)): An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or there is an absence of available State corrective process, or circumstances exist that render such process ineffective to protect the rights of the applicant.
• Standard of review (§2254(d)): An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim:
  • Resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or
  • Resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.
• Presumption of correctness (§2254(e)(1)): A determination of a factual issue made by a State court shall be presumed to be correct. The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.

Common confusion: Habeas corpus is a collateral attack on a conviction (not a direct appeal). The petitioner must exhaust state remedies before filing in federal court, and the federal court's review is highly deferential to the state court's factual findings and legal conclusions.

🔒 Federal custody; remedies on motion attacking sentence (§2255)

• A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside, or correct the sentence (§2255(a)).
• Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues, and make findings of fact and conclusions of law with respect thereto (§2255(b)).
• Limitation period (§2255(f)): A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of:
  • The date on which the judgment of conviction becomes final.
  • The date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action.
  • The date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.
  • The date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.
• Second or successive motions (§2255(h)): A second or successive motion must be certified by a panel of the appropriate court of appeals to contain:
  • Newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense, or
  • A new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.

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👨‍⚖️ Three-judge courts

👨‍⚖️ Three-judge court; when required; composition; procedure (§2284)

• A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body (§2284(a)).
• Composition and procedure (§2284(b)):
  • Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge.
  • If the action is against a State, or officer or agency thereof, at least five days' notice of hearing shall be given by registered or certified mail to the Governor and attorney general of the State.
  • A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order, but a single judge shall not appoint a master, or order a reference, or hear and determine any application for a preliminary or permanent injunction or motion to vacate such an injunction, or enter judgment on the merits.

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🔀 Interpleader

🔀 Process and procedure (§2361)

• In any civil action of interpleader or in the nature of interpleader under §1335, a district court may issue its process for all claimants and enter its order restraining them from instituting or prosecuting any proceeding in any State or United States court affecting the property, instrument, or obligation involved in the interpleader action until further order of the court.
• Such process and order shall be returnable at such time as the court or judge thereof directs, and shall be addressed to and served by the United States marshals for the respective districts where the claimants reside or may be found.
• Such district court shall hear and determine the case, and may discharge the plaintiff from further liability, make the injunction permanent, and make all appropriate orders to enforce its judgment.

🧭 Overview

🧠 One-sentence thesis

Title 42 provides a legal mechanism for individuals to sue state employees who violate their civil rights and grants courts discretion to award attorney's fees to prevailing parties.

📌 Key points (3–5)

• What Title 42 covers: a compilation of federal laws on health, social welfare, civil rights, housing, and other public policy areas.
• Section 1983's enforcement mechanism: allows individuals to sue state employees "acting under color of state law" for civil rights violations.
• Section 1988's fee provision: courts may award reasonable attorney's fees to the prevailing party in civil rights actions.
• Common confusion: Section 1983 targets state employees acting under state authority, not all government officials; judicial officers have special protections.
• Why it matters: these sections create practical pathways for enforcing constitutional and statutory civil rights through private lawsuits.

⚖️ Section 1983: The right to sue for civil rights violations

⚖️ Who can be sued

Section 1983: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects any citizen or other person to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.

• "Under color of state law" means acting with state authority or using state power.
• The defendant must be a state or local government employee (or someone acting with state authority), not a private individual.
• Example: A state police officer who violates someone's constitutional rights while on duty can be sued under Section 1983.

🛡️ What rights are protected

• Any rights, privileges, or immunities secured by the Constitution and federal laws.
• The excerpt does not limit this to specific rights; it covers the full range of constitutional protections.
• The injured party can bring "an action at law, suit in equity, or other proper proceeding for redress."

🧑‍⚖️ Special rule for judicial officers

• Injunctive relief (court orders to stop or require certain actions) cannot be granted against a judicial officer for acts taken in their judicial capacity.
• Exception: injunctive relief is allowed only if a declaratory decree was violated or declaratory relief was unavailable.
• Don't confuse: this does not mean judges are immune from all liability under Section 1983, but injunctive relief is restricted.

💰 Section 1988: Attorney's fees and enforcement procedures

💰 Discretionary fee awards

Section 1988(b): In any action or proceeding to enforce civil rights provisions, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.

• The court has discretion—it is not required to award fees, but it may.
• Only the prevailing party (the winner) can receive fees.
• The United States government cannot receive attorney's fees under this provision.

📋 Which laws are covered

Section 1988(b) applies to actions enforcing:

• Sections 1981, 1981a, 1982, 1983, 1985, and 1986 of Title 42
• Title IX of Public Law 92–318
• The Religious Freedom Restoration Act of 1993
• The Religious Land Use and Institutionalized Persons Act of 2000
• Title VI of the Civil Rights Act of 1964
• Section 12361 of Title 34

🧑‍⚖️ Protection for judicial officers

• A judicial officer cannot be held liable for costs, including attorney's fees, for acts taken in their judicial capacity.
• Exception: if the action was clearly in excess of the officer's jurisdiction, fees may be awarded.
• Example: If a judge acts within their normal judicial role, the prevailing party cannot recover attorney's fees from that judge personally, even if the judge loses the case.

🔬 Expert fees

• Section 1988(c) allows courts to include expert fees as part of the attorney's fee award.
• This applies specifically to actions enforcing Section 1981 or 1981a.
• The court has discretion to decide whether to include these fees.

🧩 Procedural framework under Section 1988(a)

🧩 How courts apply the law

Section 1988(a): Jurisdiction shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect.

• Federal courts must first apply federal law to civil rights cases.
• If federal law is not adapted to the situation or is deficient, courts may use state common law (as modified by state constitutions and statutes).
• State law can only be used if it is not inconsistent with the Constitution and federal laws.

⚖️ Criminal vs. civil cases

• The same framework applies to both civil and criminal matters.
• In criminal cases, state law may govern the trial, disposition, and punishment if federal law is deficient.
• Don't confuse: this does not mean state law overrides federal law; state law fills gaps only when federal law is silent or unsuitable.

📚 Scope and structure of Title 42

📚 What Title 42 contains

Title 42 is an editorial compilation of federal laws covering:

• Healthcare
• Assistance for low-income families and children
• Natural resources
• Civil rights
• Space programs
• Housing and urban policy
• Equal opportunity

📖 Limitations of this excerpt

• The excerpt notes that only selected portions of Title 42 are included in the book.
• The official version is available at https://uscode.house.gov/.
• The excerpt transitions to Iowa State Statutes at the end, indicating the document is a compilation from multiple sources.

🧭 Overview

🧠 One-sentence thesis

Iowa's statutory framework establishes a comprehensive system of court jurisdiction, venue rules, and procedural mechanisms that govern where and how civil and criminal actions may be brought within the state and against out-of-state parties.

📌 Key points (3–5)

• Hierarchical court structure: Iowa has a three-tier appellate system (Supreme Court, Court of Appeals, and District Courts) with defined jurisdictional boundaries and transfer mechanisms.
• Venue rules: Actions must generally be brought in specific counties based on factors like defendant residence, where the cause of action arose, or where contracts were to be performed.
• Long-arm jurisdiction: Iowa extends jurisdiction over foreign corporations and nonresidents who contract with Iowa residents or commit torts in Iowa, using the Secretary of State as their statutory agent.
• Common confusion: Venue (which county) vs. jurisdiction (which court level)—venue determines geographic location within the state, while jurisdiction determines which tier of court has authority to hear the case.
• Statutes of limitations: Different time periods apply depending on the type of action (e.g., two years for personal injury, ten years for written contracts, one year for ordinance penalties).

⚖️ Court structure and jurisdiction

🏛️ Supreme Court authority

The supreme court has appellate jurisdiction only in cases in chancery, and constitutes a court for the correction of errors at law. The jurisdiction of the supreme court is coextensive with the state.

• The Supreme Court sits at the top of Iowa's judicial hierarchy.
• Its jurisdiction covers the entire state ("coextensive with the state").
• It handles appeals and error correction, not original trials.
• The Supreme Court can transfer cases to the Court of Appeals by issuing an order of transfer; once transferred, the Supreme Court loses jurisdiction over that matter.

🔄 Court of Appeals role

• The Court of Appeals has appellate jurisdiction only, like the Supreme Court.
• It reviews civil actions, criminal actions, postconviction proceedings, and small claims judgments.
• Key limitation: The Court of Appeals only has jurisdiction over matters transferred to it by Supreme Court order.
• Parties have a right to apply for further review by the Supreme Court after a Court of Appeals decision:
  • Child welfare cases: 10-day deadline
  • All other cases: 20-day deadline
• Don't confuse: The Court of Appeals is not an independent entry point—cases must first go to the Supreme Court, which then may transfer them.

🏢 District Court and magistrate levels

District judges:

• Have full jurisdiction of the district court, including the powers of district associate judges and magistrates.
• Handle the broadest range of cases at the trial level.

Magistrates:

• Handle simple misdemeanors, traffic violations, ordinance violations, preliminary hearings, search warrants, and small claims.
• Magistrates can determine livestock/animal disposition if the value is under $10,000.
• Magistrates who are lawyers have broader jurisdiction (e.g., involuntary commitment proceedings).
• Trials before magistrates must be electronically recorded unless a party provides a certified court reporter at their own expense.

📍 Venue: where to file your case

🏘️ Real property actions

Actions for the recovery of real property, or of an estate therein, or for the determination of such right or interest, or for the partition of real property, must be brought in the county in which the subject of the action or some part thereof is situated.

• Real property cases must be filed in the county where the property (or part of it) is located.
• This is a mandatory venue rule—no flexibility.

👤 Personal actions and defendant residence

• General rule: Personal actions must be brought in a county where at least one defendant actually resides.
• If no defendant resides in Iowa, the action may be brought in any county where a defendant can be found.
• Personal injury or property damage: May be brought either in the county where a defendant resides or in the county where the injury or damage occurred.
• Example: If a car accident happens in County A and the defendant lives in County B, the plaintiff can file in either county.

📝 Contract-based venue

• Actions on written contracts may be brought in the county where the contract was to be performed (if the contract specifies a place).
• If a corporation or individual has an office or agency in a county, actions related to that office's business may be brought in that county.
• Don't confuse: The place where a contract was signed vs. where it was to be performed—Iowa law focuses on performance location.

🏛️ Local actions (mandatory county)

Certain actions must be brought in specific counties:

• Fines, penalties, forfeitures: County where the cause arose.
• Actions against public officers: County where the act or omission occurred.
• Official bonds: County where the bond was filed.
• Executor/administrator/guardian bonds: County where the appointment was made and bond filed.

⏱️ Statutes of limitations

⏳ Time limits by action type

Type of Action	Time Limit	Key Details
Ordinance penalties/forfeitures	1 year	From when cause accrues
Personal injury or reputation	2 years	Includes injuries to relative rights, contract or tort basis
Statute penalties	2 years	General statutory penalty actions
Wage claims	2 years	Includes penalties for failure to pay wages
Rent claims	5 years	Subset of written contract actions
Written contracts	10 years	Also applies to judgments of courts not of record
Real property recovery	10 years	Actions to recover real property or estates therein

📅 When time starts running

• The statute states actions may be brought "after their causes accrue, and not afterwards."
• "Cause accrues" generally means when the injury occurs or when the plaintiff discovers (or should have discovered) the harm.
• Example: For a written contract, the cause typically accrues when the breach occurs, not when the contract is signed.

🌐 Long-arm jurisdiction over nonresidents

🤝 Contracts and torts as basis for jurisdiction

If a foreign corporation makes a contract with a resident of Iowa to be performed in whole or in part by either party in Iowa, or if such foreign corporation commits a tort in whole or in part in Iowa against a resident of Iowa, such acts shall be deemed to be doing business in Iowa...

Who is subject:

• Foreign corporations (corporations formed outside Iowa)
• Nonresident individuals (including former Iowa residents who left the state or have been absent for at least six months after committing a tort)

What triggers jurisdiction:

• Making a contract with an Iowa resident that is to be performed (in whole or in part) in Iowa by either party
• Committing a tort (in whole or in part) in Iowa against an Iowa resident

Statutory agent mechanism:

• These acts constitute automatic appointment of the Iowa Secretary of State as the defendant's agent for service of process.
• This is a legal fiction—the nonresident is treated as having agreed to this arrangement by engaging in the triggering conduct.

📬 Service of process procedure

1. Filing: Plaintiff files duplicate copies of the process/original notice with the Secretary of State, plus a $10 fee.
2. Mailing: Within 10 days, plaintiff must mail notification to each defendant by registered or certified mail:
   • Foreign corporations: at their principal office address
   • Nonresidents: at an address in their state of residence
3. Time to appear: Defendant has 60 days from the date of filing with the Secretary of State to appear.
4. Proof of service: Plaintiff files the duplicate copy with the Secretary of State's certificate of filing, plus an affidavit of compliance.

Don't confuse: The 10-day mailing deadline is for the plaintiff to mail notice; the 60-day appearance deadline is for the defendant to respond.

🗺️ Venue for long-arm cases

Actions under the long-arm statute may be brought in:

• The county where the plaintiff resides, or
• The county where any part of the contract was (or was to be) performed, or
• The county where any part of the tort was committed.

Example: An Iowa resident in County X contracts with a foreign corporation; the contract is to be performed in County Y; the plaintiff may file in either County X or County Y.

📄 Foreign judgments

🏛️ Recognition and enforcement

"Foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

Filing process:

• A copy of the foreign judgment, authenticated under federal or Iowa law, may be filed with the clerk of the district court in any Iowa county that would have venue if the original action were being commenced in Iowa.
• The clerk treats the foreign judgment the same as an Iowa district court judgment.
• The judgment has the same effect and is subject to the same procedures, defenses, and enforcement mechanisms as an Iowa judgment.

📮 Notice requirements

1. Affidavit: At filing, the judgment creditor or their lawyer must file an affidavit with the debtor's and creditor's names and last known addresses.
2. Clerk's duty: The clerk must promptly mail notice of the filing to the judgment debtor at the address provided.
3. Waiting period: No execution or enforcement process may issue until 20 days after the judgment is filed.
4. Lien on real estate: Filing does not create a lien on real estate until after the 20-day challenge period expires and the requirements of section 624.24 are met.

Don't confuse: Filing the foreign judgment vs. enforcing it—there is a mandatory 20-day waiting period before enforcement can begin, giving the debtor time to challenge the judgment.

🛠️ Procedural rules and common law

📜 Supreme Court rulemaking authority

• The Iowa Supreme Court may prescribe all rules of pleading, practice, evidence, and procedure for all Iowa courts.
• The purpose is to simplify proceedings and promote speedy determination of litigation on the merits.
• Specific rule categories include:
  • Rules of civil procedure
  • Rules of criminal procedure
  • Rules of evidence
  • Rules of appellate procedure
  • Rules of probate procedure
  • Juvenile procedure
  • Involuntary hospitalization and commitment procedures

⚖️ Common law gap-filling (federal context)

The excerpt includes a federal statute (42 U.S.C. § 1988) that illustrates a common principle:

In all cases where [federal laws] are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction... is held... shall be extended to and govern the said courts...

• When federal civil rights statutes do not provide complete procedures, state common law (as modified by state constitutions and statutes) fills the gaps.
• The borrowed state law must not be inconsistent with the U.S. Constitution and federal laws.
• This principle shows how statutory and common law systems interact to provide complete remedies.

💰 Attorney's fees in civil rights cases

• In actions to enforce certain federal civil rights statutes (e.g., 42 U.S.C. §§ 1981, 1983, Title VI, Title IX), courts may award reasonable attorney's fees to the prevailing party (other than the United States).
• Exception: Judicial officers cannot be held liable for costs or attorney's fees for acts within their judicial capacity unless the action was clearly in excess of their jurisdiction.
• Expert fees may be included as part of attorney's fees in certain cases (e.g., § 1981 actions).

📚 Civil vs. special actions

📖 Definitions

A civil action is a proceeding in a court of justice in which one party, known as the plaintiff, demands against another party, known as the defendant, the enforcement or protection of a private right, or the prevention or redress of a private wrong.

• Civil actions involve private rights and wrongs between parties.
• They may also be brought to recover a penalty or forfeiture.
• Special actions: Every other proceeding in a civil case that does not fit the civil action definition.
• Don't confuse: Civil actions (private disputes) vs. criminal actions (state prosecution for offenses)—the excerpt focuses on civil procedure, though it mentions that magistrates also handle criminal matters.

🗂️ Historical context of Iowa Code

📜 Development and structure

• First version: Enacted in 1851 by the Iowa Legislature and Governor Stephen P. Hempstead as a single act.
• 1860: Committee constructed a new code of civil and criminal practice.
• 1873: Code revised again.
• Modern updates: Iowa Code is now updated annually online; print version published every two years.

Current coverage: The Iowa Code's titles cover:

• State sovereignty
• Elections
• Public services and health
• Agriculture
• Human services
• Education
• Cultural affairs
• Transportation
• Local governments
• Financial resources
• Natural resources
• Business and commerce
• Property
• Iowa judicial branch and procedures
• Iowa criminal law

The official version is available at https://www.legis.iowa.gov/law/iowaCode.

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🧭 Overview

🧠 One-sentence thesis

Long-arm statutes provide the statutory basis for state courts to exercise personal jurisdiction over out-of-state defendants, with different states adopting approaches ranging from enumerated-act lists to broad constitutional-maximum standards.

📌 Key points (3–5)

• What long-arm statutes do: they define when a state court may exercise personal jurisdiction over non-residents or foreign corporations based on their contacts with the state.
• Two main approaches: some states enumerate specific acts that create jurisdiction (e.g., New York, Illinois, Iowa, Missouri, Kansas, Minnesota), while others adopt a single broad standard reaching the constitutional limit (California, Rhode Island).
• Common confusion: jurisdiction is limited to causes of action arising from the enumerated acts—an appearance does not confer jurisdiction over unrelated claims.
• Service mechanisms: statutes specify how process may be served outside the state, often including service on the secretary of state as a statutory agent for non-residents.
• Why it matters: these statutes determine whether a plaintiff can sue an out-of-state defendant in the plaintiff's home state, affecting forum choice and litigation strategy.

📋 The enumerated-act approach

📋 Core structure

Most of the statutes in the excerpt follow an enumerated-act model:

• The statute lists specific acts (e.g., transacting business, committing a tort, owning property) that, when performed by a non-resident, subject that person to the state's jurisdiction.
• Jurisdiction applies only to causes of action arising from those enumerated acts.
• Example: New York § 302(a) lists four categories of acts; Illinois § 2-209(a) lists fourteen.

🔍 Common enumerated acts

The following table shows acts that appear across multiple statutes:

Act	States including it
Transacting business in the state	New York, Illinois, Iowa, Missouri, Kansas, Minnesota
Committing a tortious act in the state	New York, Illinois, Iowa, Missouri, Kansas, Minnesota
Owning, using, or possessing real property in the state	New York, Illinois, Iowa, Missouri, Kansas, Minnesota
Contracting to insure person/property/risk in the state	Illinois, Missouri, Kansas
Making or performing a contract connected with the state	Illinois, Iowa, Kansas
Committing a tortious act outside the state causing in-state injury	New York (with additional requirements), Kansas

⚖️ Jurisdiction limited to arising claims

• Key restriction: New York § 302(c) and Illinois § 2-209(f) explicitly state that jurisdiction based on enumerated acts applies only to causes of action arising from those acts.
• Don't confuse: an appearance in court does not expand jurisdiction to unrelated claims when jurisdiction is based solely on the long-arm statute.
• Example: if a defendant transacts business in New York and is sued there, the court has jurisdiction over claims arising from that business transaction, but not over unrelated claims (e.g., a tort committed elsewhere).

🌐 The constitutional-maximum approach

🌐 California's broad standard

California Code of Civil Procedure § 410.10: "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States."

• California does not enumerate specific acts; instead, it authorizes jurisdiction to the full extent permitted by the U.S. and California constitutions.
• This approach delegates the jurisdictional analysis entirely to constitutional due-process standards (minimum contacts, fairness, etc.).

🌐 Rhode Island's similar approach

Rhode Island § 9-5-33(a): Every foreign corporation and nonresident individual "that shall have the necessary minimum contacts with the state of Rhode Island, shall be subject to the jurisdiction of the state of Rhode Island... in every case not contrary to the provisions of the constitution or laws of the United States."

• Rhode Island similarly adopts a constitutional-maximum standard, requiring "necessary minimum contacts" and compliance with federal constitutional limits.
• The statute does not list specific acts; it relies on the constitutional framework.

🔍 Distinguishing the two approaches

Approach	Characteristics	States using it
Enumerated-act	Lists specific acts; jurisdiction limited to claims arising from those acts	New York, Illinois, Iowa, Missouri, Kansas, Minnesota
Constitutional-maximum	Authorizes jurisdiction to the full extent the Constitution permits; no enumerated list	California, Rhode Island

• Common confusion: the enumerated-act approach may appear narrower, but many statutes include catch-all provisions (e.g., Kansas § 60-308(b)(1)(L): "contact... consistent with the constitutions") that effectively reach the constitutional limit.

🚚 Service of process provisions

🚚 Service outside the state

• All statutes authorize service of process outside the state on defendants subject to the long-arm statute.
• Example: Minnesota § 543.19, Subd. 2 states that service may be made "by personally serving the summons upon the defendant outside this state with the same effect as though the summons had been personally served within this state."

📬 Appointment of secretary of state as agent

Some statutes deem certain acts to constitute appointment of the state's secretary of state as the defendant's agent for service of process.

📬 Iowa's mechanism

Iowa § 617.3(2) provides:

• If a foreign corporation or nonresident makes a contract with an Iowa resident to be performed in Iowa, or commits a tort in Iowa against an Iowa resident, those acts "shall be deemed to constitute the appointment of the secretary of state of Iowa to be [the defendant's] true and lawful attorney upon whom may be served all lawful process."
• Service is made by filing duplicate copies with the secretary of state (with a $10 fee) and mailing notification to the defendant by registered or certified mail.
• The defendant has 60 days from filing to appear.

📬 Illinois's mechanism

Illinois § 2-209(e) includes a similar provision for product-liability actions against defendants whose business address is outside the United States:

• Service is made by serving the Secretary of State (with a $5 fee) and mailing a copy to the defendant's last known address.
• Service is deemed made on the date served upon the Secretary.

🔍 Don't confuse

• Appointing the secretary of state as agent for service is a procedural mechanism; it does not by itself create jurisdiction—the defendant must still have the requisite contacts under the substantive long-arm statute.

🏛️ Special jurisdiction provisions

🏛️ Matrimonial and family actions

Several statutes include special provisions for family-law cases.

🏛️ New York

New York § 302(b) allows jurisdiction in matrimonial actions or family-court proceedings (support, alimony, maintenance, distributive awards) over a non-resident defendant if:

• The party seeking support is a New York resident or domiciliary, and
• New York was the matrimonial domicile before separation, or the defendant abandoned the plaintiff in New York, or the claim accrued under New York law or an agreement executed in New York.

🏛️ Illinois

Illinois § 2-209(a)(5) and (a)(8)–(9) include:

• Maintenance of a matrimonial domicile in Illinois when the cause of action arose (for dissolution, invalidity, or legal separation).
• Performance of sexual intercourse in Illinois resulting in conception of a child who resides in Illinois.
• Failure to support a child, spouse, or former spouse who continues to reside in Illinois.

🏛️ Kansas

Kansas § 60-308(b)(1)(H) and (J) include:

• Living in a marital relationship in Illinois, for obligations arising under Kansas family law, if the other party continues to reside in Kansas.
• Having sexual intercourse in Kansas, in actions to adjudge parentage or require child support, if conception results and the other party or child continues to reside in Kansas.

🏛️ Foreign defamation judgments

New York § 302(d) and Illinois § 2-209(b-5) both include provisions granting jurisdiction over persons who obtain foreign defamation judgments against state residents, for purposes of declaratory relief or determining non-recognizability, if:

• The publication at issue was published in the state, and
• The resident has assets in the state that might be used to satisfy the judgment, or may have to take actions in the state to comply with the judgment.

🔍 Why these provisions matter

• They extend jurisdiction beyond traditional commercial or tort contacts to family-law and speech-related contexts.
• Example: a non-resident parent who had sexual intercourse in Kansas and fathered a child may be subject to Kansas jurisdiction for child-support claims, even if the parent never conducted business or owned property in Kansas.

🧩 Additional jurisdictional bases

🧩 General jurisdiction

Some statutes include provisions for general jurisdiction (not limited to claims arising from enumerated acts).

🧩 Illinois

Illinois § 2-209(b) allows jurisdiction "in any action arising within or without this State" against:

• A natural person present in Illinois when served.
• A natural person domiciled or resident in Illinois when the cause of action arose, the action was commenced, or process was served.
• A corporation organized under Illinois law.
• A natural person or corporation doing business in Illinois.

🧩 Kansas

Kansas § 60-308(b)(2) allows jurisdiction for claims that did not arise in Kansas if the defendant has "substantial, continuous and systematic contact with this state... consistent with the constitutions of the United States and of this state."

🧩 Catch-all provisions

Several statutes include catch-all clauses authorizing jurisdiction on any basis permitted by the Constitution.

• Illinois § 2-209(c): "A court may also exercise jurisdiction on any other basis now or hereafter permitted by the Illinois Constitution and the Constitution of the United States."
• Kansas § 60-308(b)(1)(L): jurisdiction over a person "having contact with this state which would support jurisdiction consistent with the constitutions of the United States and of this state."
• Minnesota § 543.19, Subd. 1(4): jurisdiction over acts outside Minnesota causing in-state injury, subject to exceptions when Minnesota has no substantial interest or jurisdiction would violate fairness and substantial justice.

🔍 Relationship to enumerated acts

• These catch-all provisions effectively convert enumerated-act statutes into constitutional-maximum statutes for claims that do not fit neatly into the enumerated categories.
• Don't confuse: even with a catch-all provision, the enumerated acts remain important because they provide clear, predictable bases for jurisdiction without requiring a full constitutional analysis.