[Abrogated (Apr. __, 2015, eff. Dec. 1, 2015).] (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015.) NOTES 1937 Adoption In accordance with the practice found useful in many codes, provision is here made for a limited number of official forms which may serve as guides … Read More
Rule 83. Rules by District Courts; Judge’s Directives
(a) Local Rules. (1) In General. 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 … Read More
Rule 82. Jurisdiction and Venue Unaffected
These 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. (As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. … Read More
Rule 81. Applicability of the Rules in General; Removed Actions
(a) Applicability to Particular Proceedings. (1) Prize Proceedings. These rules do not apply to prize proceedings in admiralty governed by 10 U.S.C. §§ 7651–7681. (2) Bankruptcy. These rules apply to bankruptcy proceedings to the extent provided by the Federal Rules of Bankruptcy Procedure. (3) Citizenship. These rules apply to proceedings for admission to citizenship to the extent that the practice … Read More
Rule 80. Stenographic Transcript as Evidence
If stenographically reported testimony at a hearing or trial is admissible in evidence at a later trial, the testimony may be proved by a transcript certified by the person who reported it. (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Apr. 30, 2007, eff. Dec. 1, 2007.) NOTES 1937 Adoption Note to Subdivision (a). This follows substantially [former] Equity … Read More
Rule 79. Records Kept by the Clerk
(a) Civil Docket. (1) In General. The clerk must keep a record known as the “civil docket” in the form and manner prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States. The clerk must enter each civil action in the docket. Actions must be assigned … Read More
Rule 78. Hearing Motions; Submission on Briefs
(a) Providing a Regular Schedule for Oral Hearings. A court may establish regular times and places for oral hearings on motions. (b) Providing for Submission on Briefs. By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings. (As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, … Read More
Rule 77. Conducting Business; Clerk’s Authority; Notice of an Order or Judgment
(a) When Court Is Open. Every district court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order. (b) Place for Trial and Other Proceedings. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may … Read More
Rule 76. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
1997 Amendment Rule 76 is abrogated for the reasons described in the Note to Rule 73. 2007 Amendment Rule 76 was abrogated in 1997 to reflect repeal of the statute providing for appeal from a magistrate judge’s judgment to the district court. The rule number is reserved for possible future use.
Rule 75. [Abrogated (Apr. 11, 1997, eff. Dec. 1, 1997).]
Notes of Advisory Committee on Rules—1997 Amendment Rule 75 is abrogated for the reasons described in the Note to Rule 73. Committee Notes on Rules—2007 Rule 75 was abrogated in 1997 to reflect repeal of the statute providing for appeal from a magistrate judge’s judgment to the district court. The rule number is reserved for possible future use.
