« AnteriorContinuar »
85 85 85
87 87 88 88 89 89 90
VIII. Provisional and Final Remedies and Special Proceed
(a) In General.--
(b) Against Certain Public Officers---
(a) How Taken.---
(g) Docketing and Record on Appeal..
or to a Circuit Court of Appeals; Summons
and Severance Abolished...
(a) Designation of Contents of Record on
(1) Printing ----
91 91 91 92 92 92
92 93 93
94 94 94
(a) District Courts Always Open..----
RULES OF CIVIL PROCEDURE
I. SCOPE OF RULES-ONE FORM OF
Rule 1. Scope of Rules. These rules govern the procedure in the district courts of the United States in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed to secure the just, speedy, and inexpensive determination of every action.
Rule 2. One Form of Action. There shall be one form of action to be known as “civil action".
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3. Commencement of Action. A civil action is commenced by filing a complaint with the court.
Rule 4. Process.
(a) SUMMONS: ISSUANCE. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it for service to the marshal or to a person specially appointed to serve it. Upon request of the plaintiff separate or additional summons shall issue against any defendants.
(b) SAME: FORM. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint.
(c) BY WHOM SERVED. Service of all process shall be made by a United States marshal, by his deputy, or by some person specially appointed by the court for that purpose, except that a subpoena may be served as provided in Rule 45. Special appointments to serve process shall be made freely when substantial savings in travel fees will result.
(d) SUMMONS: PERSONAL SERVICE. The summons and complaint shall be served together. The plaintiff shall furnish the person making service with