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FEDERAL RULESOFCIVIL PROCEDUREWITH FORMSDECEMBER 31, 2004UNUMEPLURIBUSPrinted for the useofTHE COMMITTEE ON THE JUDICIARYHOUSE OF REPRESENTATIVES108THCONGRESS" COMMITTEE PRINT ! No. 62nd SessionFEDERAL RULESOFCIVIL PROCEDUREWITH FORMSDECEMBER 31, 2004UNUMEPLURIBUSPrinted for the useofTHE COMMITTEE ON THE JUDICIARYHOUSE OF REPRESENTATIVESU.S. GOVERNMENT PRINTING OFFICEWASHINGTON: 2004For sale by the Superintendent of Documents, U.S. Government Printing OfficeInternet: bookstore.gpo.gov Phone: (202) 512–1800 Fax: (202) 512–2250Mail: Stop SSOP, Washington, DC 20402–0001COMMITTEE ON THE JUDICIARYONEHUNDREDEIGHTHCONGRESSF. JAMES SENSENBRENNER, JR., Wisconsin, ChairmanHENRY J. HYDE, IllinoisHOWARD COBLE, North CarolinaLAMAR S. SMITH, TexasELTON GALLEGLY, CaliforniaBOB GOODLATTE, VirginiaSTEVE CHABOT, OhioWILLIAM L. JENKINS, TennesseeCHRIS CANNON, UtahSPENCER BACHUS, AlabamaJOHN N. HOSTETTLER, IndianaMARK GREEN, WisconsinRIC KELLER, FloridaMELISSA A. HART, PennsylvaniaJEFF FLAKE, ArizonaMIKE PENCE, IndianaJ. RANDY FORBES, VirginiaSTEVE KING, IowaJOHN R. CARTER, TexasTOM FEENEY, FloridaMARSHA BLACKBURN, TennesseeJOHN CONYERS, JR., MichiganHOWARD L. BERMAN, CaliforniaRICK BOUCHER, VirginiaJERROLD NADLER, New YorkROBERT C. SCOTT, VirginiaMELVIN L. WATT, North CarolinaZOE LOFGREN, CaliforniaSHEILA JACKSON LEE, TexasMAXINE WATERS, CaliforniaMARTIN T. MEEHAN, MassachusettsWILLIAM D. DELAHUNT, MassachusettsROBERT WEXLER, FloridaTAMMY BALDWIN, WisconsinANTHONY D. WEINER, New YorkADAM B. SCHIFF, CaliforniaLINDA T. SA´NCHEZ, CaliforniaPHILKIKO, Chief of Staff — General CounselPERRYAPELBAUM, Minority Chief CounselTEDKALO, Minority General Counsel(II)FOREWORDThis document contains the Federal Rules of Civil Procedure to-gether with forms, as amended to December 31, 2004. The rules andforms have been promulgated and amended by the United StatesSupreme Court pursuant to law, and further amended by Acts ofCongress. This document has been prepared by the Committee inresponse to the need for an official up-to-date document contain-ing the latest amendments to the rules.For the convenience of the user, where a rule has been amendeda reference to the date the amendment was promulgated and thedate the amendment became effective follows the text of the rule.The Committee on Rules of Practice and Procedure and the Ad-visory Committee on the Federal Rules of Civil Procedure, Judi-cial Conference of the United States, prepared notes explainingthe purpose and intent of the amendments to the rules. The Com-mittee Notes may be found in the Appendix to Title 28, UnitedStates Code, following the particular rule to which they relate.Chairman, Committee on the Judiciary.DECEMBER31, 2004.(III)(V)AUTHORITY FOR PROMULGATION OF RULESTITLE 28, UNITED STATES CODE§ 2072. Rules of procedure and evidence; power to prescribe(a) The Supreme Court shall have the power to prescribe generalrules of practice and procedure and rules of evidence for cases inthe United States district courts (including proceedings beforemagistrates thereof) and courts of appeals.(b) Such rules shall not abridge, enlarge or modify any sub-stantive right. All laws in conflict with such rules shall be of nofurther force or effect after such rules have taken effect.(c) Such rules may define when a ruling of a district court isfinal for the purposes of appeal under section 1291 of this title.(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4648,eff. Dec. 1, 1988; amended Pub. L. 101–650, title III, § 315, Dec. 1, 1990,104 Stat. 5115.)§ 2073. Rules of procedure and evidence; method of prescribing(a)(1) The Judicial Conference shall prescribe and publish theprocedures for the consideration of proposed rules under this sec-tion.(2) The Judicial Conference may authorize the appointment ofcommittees to assist the Conference by recommending rules to beprescribed under sections 2072 and 2075 of this title. Each suchcommittee shall consist of members of the bench and the profes-sional bar, and trial and appellate judges.(b) The Judicial Conference shall authorize the appointment ofa standing committee on rules of practice, procedure, and evi-dence under subsection (a) of this section. Such standing commit-tee shall review each recommendation of any other committees soappointed and recommend to the Judicial Conference rules ofpractice, procedure, and evidence and such changes in rules pro-posed by a committee appointed under subsection (a)(2) of thissection as may be necessary to maintain consistency and other-wise promote the interest of justice.(c)(1) Each meeting for the transaction of business under thischapter by any committee appointed under this section shall beopen to the public, except when the committee so meeting, inopen session and with a majority present, determines that it is inthe public interest that all or part of the remainder of the meet-ing on that day shall be closed to the public, and states the reasonfor so closing the meeting. Minutes of each meeting for the trans-action of business under this chapter shall be maintained by thecommittee and made available to the public, except that any por-tion of such minutes, relating to a closed meeting and made avail-able to the public, may contain such deletions as may be nec-essary to avoid frustrating the purposes of closing the meeting.VIAUTHORITY FOR PROMULGATION OF RULES(2) Any meeting for the transaction of business under this chap-ter, by a committee appointed under this section, shall be pre-ceded by sufficient notice to enable all interested persons to at-tend.(d) In making a recommendation under this section or undersection 2072 or 2075, the body making that recommendation shallprovide a proposed rule, an explanatory note on the rule, and awritten report explaining the body’s action, including any minor-ity or other separate views.(e) Failure to comply with this section does not invalidate a ruleprescribed under section 2072 or 2075 of this title.(Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649,eff. Dec. 1, 1988; amended Pub. L. 103–394, title I, § 104(e), Oct. 22,1994, 108 Stat. 4110.)§ 2074. Rules of procedure and evidence; submission to Congress;effective date(a) The Supreme Court shall transmit to the Congress not laterthan May 1 of the year in which a rule prescribed under section2072 is to become effective a copy of the proposed rule. Such ruleshall take effect no earlier than December 1 of the year in whichsuch
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