Yeazell Stephen C. - Federal Rules of Civil Procedure: With Selected Statutes, Cases, and Other Materials — 2022

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With Selected Statutes, Cases, and Other Materials 2022

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Rachel E. Barkow

Vice Dean and Charles Seligson Professor of Law

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

Austin Wakeman Scott Professor of Law

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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With Selected Statutes, Cases, and Other Materials 2022

Stephen C. Yeazell

David G. Price and Dallas P. Price Distinguished Professor of

Law Emeritus

University of California

Los Angeles

Joanna C. Schwartz

Professor of Law

University of California

Los Angeles

Maureen Carroll

Professor of Law

University of Michigan

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ISBN 978-1-5438-2051-5

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The federal procedural system flows from four major sources of law: (1) the Constitution of the United States, (2) the Federal Rules (of Civil Procedure and Appellate Procedure), (3) the Judiciary Code (collected in Title 28 of the United States Code), and (4) cases applying and interpreting these three bodies of law. This supplement contains examples of all four sources: the first three in . This volume is intended to serve as a rules supplement for any civil procedure course. The statutes and rules reflect amendments through December 1, 2021.

Stephen C. Yeazell

Joanna C. Schwartz

Maureen Carroll

November 2021

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The Federal Rules of Civil Procedure govern the conduct of civil trials in federal courts. Their authority comes from Congress, but, unlike the Judicial Code (Title 28 of the United States Code, found at page 199 of this supplement), the Rules are not a product of direct congressional legislation. Instead Congress has enacted 28 U.S.C. (the Rules Enabling Act), which authorizes the Supreme Court to promulgate rules of procedure.

Although the Rules Enabling Act gives the Supreme Court power to promulgate the Rules, the Justices do not in practice do the actual drafting. That process instead occurs in committees of the Judicial Conference, a supervisory and administrative arm of the federal courts. In 1988 a set of amendments to 28 U.S.C. formalized this committee process. Under these provisions the Judicial Conference appoints a standing committee on rules of practice, procedure, and evidence. This standing committee screens all recommendations for consistency. The Judicial Conference may also appoint committees with a more defined jurisdictionfor example, civil rules, rules of evidence, bankruptcy rules. Judges, practitioners, and scholars are appointed to these advisory committees. Each advisory committee considers proposals for amendments to the Rules, circulates drafts of proposed amendments to members of the bench and bar, holds public hearings and revises in light of the comments received, and then transmits the revised proposals to the Committee on Practice and Procedure, which reports to the Judicial Conference, which in turn recommends changes to the Supreme Court. In recent years the process surrounding Rules amendments has become more transparentopen to public and professional commentand simultaneously slower and more contested.