Subrin Stephen N. - Federal Rules of Civil Procedure with Resources for Study 2021-2022

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Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

Faculty Director, Center on the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law

University of California, Berkeley School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law Emeritus

The University of Michigan Law School

Tracey L. Meares

Walton Hale Hamilton Professor of Law

Director, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Alexander Bickel Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Faculty Co-Director, Stanford Criminal Justice Center

Stanford Law School

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Edited By

Stephen N. Subrin

Northeastern University School of Law

Martha L. Minow

Harvard Law School

Mark S. Brodin

Boston College School of Law

Thomas O. Main

University of Nevada, Las Vegas
William S. Boyd School of Law

Alexandra D. Lahav

University of Connecticut School of Law

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This book was prepared as a resource to supplement any civil procedure course. In addition to the usual fare of Federal Rules, Committee Notes, the U.S. Constitution, and U.S. Code provisions, this supplement includes examples of state long-arm and venue statutes, as well as excerpts from the Restatement (Second) of Judgments, and excerpts from the American Law Institute/UNIDROIT Rules of Transnational Civil Procedure. Inclusion of these materials reflects not only our teaching preferences but also our thoughts about the contours of this rewarding field of study. Space constraints present difficult editorial choices, and we have focused here on the core procedure courses. We welcome any editorial suggestions that you may have for future editions of this supplement.

In this supplement we have integrated into the text of the Federal Rules useful cross-references to relevant external materialsForms, Advisory Committee Notes, Restatement sections, and Transnational Rules. These cross-references appear with the designation: For further study, see. We intend this cross-referencing method to help students explore the larger context of each Federal Rule without having to significantly interrupt the presentation of the Federal Rules themselves.

We also recommend that students frequent the federal judiciarys website at www.uscourts.gov/rules-policies. The rulemaking link on that site provides access to national and local rules currently in effect in the federal courts, contextual information about the rulemaking process, and the status of all pending and proposed procedural rules and legislation.

The authors are grateful to Paula Main for her assistance in producing this book.

ALI/UNIDROIT Principles of Transnational Civil Procedure, copyright 2006 by The American Law Institute for the entire work, and copyright 2006 by UNIDROIT for the Principles only. Reprinted with permission. All rights reserved. This publication is available from Cambridge University Press, www.cambridge.org/uk, however, please make any requests for permission to reprint material from this publication to The American Law Institute at www.ali.org.

Restatement (Second) of Judgments, copyright 1982 by the American Law Institute. Reprinted with permission. All rights reserved.

S.N.S.

M.L.M.

M.S.B.

T.O.M.

A.D.L.

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in . They 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.

For further study, see 1938 Advisory Committee Notes at 111; 1993 Advisory Committee Notes at 151; 2015 Advisory Committee Notes at 198; and Transnational at 253.

There is one form of actionthe civil action.

For further study, see Transnational at 255.

A civil action is commenced by filing a complaint with the court.

For further study, see Transnational at 255.

1. Contents. A summons must:
   1. name the court and the parties;
   2. be directed to the defendant;
   3. state the name and address of the plaintiffs attorney orif unrepresentedof the plaintiff;
   4. state the time within which the defendant must appear and defend;
   5. notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;