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Bender's Federal Practice Forms

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Bender's Federal Practice Forms provides the most comprehensive set of forms available on the market and is a practical companion to the venerable Moore's Federal Practice. All of the civil and criminal forms are up-to-date, including compliance with all recent amendments to controlling procedural rules, and comply with the general standards of practice in federal courts.

This set provides a complete range of the litigation forms you need for federal practice at any level, from U.S. District Courts all the way up to and including the Supreme Court of the United States. Forms are conveniently organized into chapters based on the controlling procedural rules:

•  Volumes 1 - 12 deal with civil proceedings in U.S. District Courts. All of the forms appear in chapters based on the relevant Rule of Civil Procedure. The forms begin with the initial complaint and progress through responsive pleadings and motions, disclosures, discovery, pretrial conferences, trials and post-trial motions. The balance of the forms in Volume 12 are organized into chapters for procedures not fully covered by one of the Federal Rules of Civil Procedure, including Three-Judge Courts in election contests, statutory motions for change of venue, and civil contempt proceedings.
•  Volumes 16 and 17 deal with criminal prosecutions in U.S. District Courts. The forms are organized into chapters based on the relevant Rule of Criminal Procedure. Volume 17 also deals with collateral attacks (i.e., post-appeal attacks) on criminal convictions that may be brought in United States District courts, including the rules and official forms for Section 2255 motions for relief from federal court convictions and habeas corpus review of state court convictions.
•  Volume 18 contains the forms for civil and criminal appeals to the United States Courts of Appeals. All of the forms are organized into chapters based on the relevant Federal Rules of Appellate Practice.
•  Volume 19 contains the few forms required by the Federal Rules of Evidence, as well as proceedings in the United States Supreme Court, including the rare instances of direct appeals and the more ordinary situation of review by petition for certiorari. All of the forms, from the initial petition for certiorari through briefs and post-decision requests for rehearings, are organized into chapters based on the relevant Rules from the United States Supreme Court Rules of Practice.
•  Volume 20 contains a comprehensive index of all of the forms.

Each chapter in each volume contains a brief, but current, analysis of the procedural rules on which the forms in that chapter are based. This analysis is a handy reference for questions attorneys may have while completing the forms, and explains the importance and function of the forms provisions the attorney is drafting.

The balance of the set includes some forms dealing with Admiralty cases, and reproduces the rules of specialty courts, including Bankruptcy courts, the Court of Federal Claims, the Court of International Trade, and the Court of Appeals for the Federal Circuit (formerly the Court of Patent and Trademark Appeals).

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Table of Contents

FEDERAL RULES OF CIVIL PROCEDURE


1  Scope and Purpose

2  One Form of Action

3  Commencing an Action

4  Summons

4.1  Serving Other Process

5  Serving and Filing Pleadings and Other Papers

5.1  Constitutional Challenge to a Statute—Notice, Certification, and Intervention

5.2  Privacy Protection for Filings Made With the Court

6  Computing and Extending Time; Time for Motion Papers

7  Pleadings Allowed; Form of Motions and Other Papers

7.1  Disclosure Statement

8(I)  General Rules of Pleading

8(II)  General Rules of Pleading - "Accounting" through "Civil Rights"

8(III)  General Rules of Pleading - "Commerce" through "Consumer Law"

8(IV)  General Rules of Pleading - "Contracts" through "Employment"

8(V)  General Rules of Pleading - "Environmental Law" through "Insurance"

8(VI)  General Rules of Pleading - "Judgments" through "Labor"

8(VII)  General Rules of Pleading - "Military Service" through "Real Property"

8(VIII) General Rules of Pleading - "Securities" through "Torts"

8(IX)  General Rules of Pleading - "Trademark" through "Uniform Commercial Code"

8(X)  General Rules of Pleading - "Responsive Pleadings"

9  Pleading Special Matters

10  Form of Pleadings

11  Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

12  Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

13  Counterclaim and Crossclaim

14  Third-Party Practice

15  Amended and Supplemental Pleadings

16  Pretrial Conferences; Scheduling; Management

17  Plaintiff and Defendant; Capacity; Public Officers

18  Joinder of Claims

19  Required Joinder of Parties

20  Permissive Joinder of Parties

21  Misjoinder and Nonjoinder of Parties

22  Interpleader

23  Class Actions

23.1  Derivative Actions

23.2  Actions Relating to Unincorporated Associations

24  Intervention

25  Substitution of Parties

26  Duty to Disclose; General Provisions Governing Discovery; Duty of Disclosure

27  Depositions to Perpetuate Testimony

28  Persons Before Whom Depositions May Be Taken

29  Stipulations About Discovery Procedure

30  Depositions by Oral Examination

31  Depositions by Written Questions

32  Using Depositions in Court Proceedings

33  Interrogatories to Parties

33(I)  Interrogatories to Parties - "Admiralty" through "Banking"

33(II)  Interrogatories to Parties - "Civil Rights" through "Contracts"

33(III) Interrogatories to Parties - "Copyright and Trademark" through "Patents"

33(IV) Interrogatories to Parties - "Products Liability" through "Torts"

34  Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land for Inspection and Other Purposes

35  Physical and Mental Examinations

36  Requests for Admission

37  Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

38  Right to a Jury Trial; Demand

39  Trial by Jury or by the Court

40  Scheduling Cases for Trial

41  Dismissal of Actions

42  Consolidation; Separate Trials

43  Taking Testimony

44  Proving an Official Record

44.1  Determining Foreign Law

45  Subpoena

46  Objecting to a Ruling or Order

47  Selecting Jurors

48  Number of Jurors; Verdict

49  Special Verdict; General Verdict and Questions

50  Judgment as Matter of Law in a Jury Trial; Related Motion for New Trial; Conditional Ruling

51  Instructions to the Jury; Objections; Preserving a Claim of Error

52  Findings and Conclusions by the Court; Judgment on Partial Findings

53  Masters

54  Judgment; Costs

55  Default; Default Judgment

56  Summary Judgment

57  Declaratory Judgments

58  Entering Judgment

59  New Trials; Altering or Amending a Judgment

60  Relief From a Judgment or Order

61  Harmless Error

62  Stay of Proceedings to Enforce a Judgment

62.1  Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal

63  Judge's Inability to Proceed

64  Seizing a Person or Property

65  Injunctions and Restraining Orders

65.1  Proceedings Against a Surety

66  Receivers

67  Deposit Into Court

68  Offer of Judgment

69  Execution

70  Enforcing a Judgment for a Specific Act

71  Enforcing Relief For or Against a Nonparty

71.1  Condemning Real or Personal Property

72  Magistrate Judges: Pretrial Order

73  Magistrate Judges: Trial by Consent; Appeal

74  [Abrogated]

75  [Abrogated]

76  [Abrogated]

77  Conducting Business; Clerk's Authority; Notice of an Order or Judgment

78  Hearing Motions; Submission on Briefs

79  Records Kept by the Clerk

80  Stenographic Transcript as Evidence

81  Applicability of the Rules in General; Removed Actions

82  Jurisdiction and Venue Unaffected

83   Rules by District Courts; Judge's Directives

84  Forms

85  Title

86  Effective Dates

TJDC  Three-Judge District Courts

VEN  Change of Venue

CTMPT Civil Contempt

ARB  Arbitration

REM  Removal and Remand

ADMIRALTY

ADM_I Admiralty Jurisdiction and Practice, In General

ADM_II Particular Admiralty Subjects

ADMIRALTY-BANKRUPTCY FORMS

ADMB Admiralty - Bankrupty Forms

UNITED STATES TAX COURT

Text of Rules of the United States Tax Court

Appendices to the Rules of the United States Tax Court

FEDERAL RULES OF BANKRUPTCY PROCEDURE

Text of Federal Rules Of Bankruptcy Procedure

UNITED STATES COURT OF FEDERAL CLAIMS

Text of Rules of the United States Court of Federal Claims

Appendices to Rules of the United States Court of Federal Claims

RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE

Text of Rules of the United States Court of International Trade

Appendix of Forms to the Rules of the United States Court of International Trade

LOCAL RULES, FORMS, AND ATTORNEY DISCIPLINE RULES OF THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Text of Local Rules of the United States Court of Appeals for the Federal Circuit

Appendix of Forms to the Local Rules of the United States Court of Appeals for the Federal Circuit

Attorney Discipline Rules of the United States Court of Appeals for the Federal Circuit

FEDERAL RULES OF CRIMINAL PROCEDURE

Criminal Rule 1  Scope; Definitions

Criminal Rule 2  Interpretation

Criminal Rule 3  The Complaint

Criminal Rule 4  Arrest Warrant or Summons on a Complaint

Criminal Rule 5  Initial Appearance

Criminal Rule 5.1  Preliminary Hearing

Criminal Rule 6  The Grand Jury

Criminal Rule 7  The Indictment and the Information Criminal Rule 8 Joinder of Offenses or Defendants

Criminal Rule 8  Joinder of Offenses or Defendants

Criminal Rule 9  Arrest Warrant or Summons on an Indictment or Information

Criminal Rule 10  Arraignment

Criminal Rule 11  Pleas

Criminal Rule 12  Pleadings and Pretrial Motions

Criminal Rule 12.1  Notice of an Alibi Defense

Criminal Rule 12.2  Notice of an Insanity Defense; Mental Examination

Criminal Rule 12.3  Notice of a Public-Authority Defense

Criminal Rule 12.4  Disclosure Statement

Criminal Rule 13  Joint Trial of Separate Cases

Criminal Rule 14  Relief From Prejudicial Joinder

Criminal Rule 15  Depositions

Criminal Rule 16  Discovery and Inspection

Criminal Rule 17  Subpoena

Criminal Rule 17.1  Pretrial Conference

Criminal Rule 18  Place of Prosecution and Trial

Criminal Rule 19  [Reserved]

Criminal Rule 20  Transfer for Plea and Sentence

Criminal Rule 21  Transfer for Trial

Criminal Rule 22  [Transferred]

Criminal Rule 23  Jury or Nonjury Trial

Criminal Rule 24  Trial Jurors

Criminal Rule 25  Judge's Disability

Criminal Rule 26  Taking Testimony

Criminal Rule 26.1  Foreign Law Determination

Criminal Rule 26.2  Producing a Witness' Statement

Criminal Rule 26.3  Mistrial

Criminal Rule 27  Proving an Official Record

Criminal Rule 28  Interpreters

Criminal Rule 29  Motion for a Judgment of Acquittal

Criminal Rule 29.1  Closing Argument

Criminal Rule 30  Jury Instructions

Criminal Rule 31  Jury Verdict

Criminal Rule 32  Sentencing and Judgment

Criminal Rule 32.1  Revoking or Modifying Probation or Supervised Release

Criminal Rule 32.2  Criminal Forfeiture

Criminal Rule 33  New Trial

Criminal Rule 34  Arresting Judgment

Criminal Rule 35  Correcting or Reducing a Sentence

Criminal Rule 36  Clerical Error

Criminal Rule 37  [Reserved]

Criminal Rule 38  Staying a Sentence or a Disability

Criminal Rule 39  [Reserved]

Criminal Rule 40  Arrest for Failing to Appear in Another District

Criminal Rule 41  Search and Seizure Criminal Rule

Criminal Rule 42  Criminal Contempt

Criminal Rule 43  Defendant's Presence

Criminal Rule 44  Right to and Appointment of Counsel

Criminal Rule 45  Computing and Extending Time

Criminal Rule 46  Release from Custody; Supervising Detention

Criminal Rule 47  Motions and Supporting Affidavits

Criminal Rule 48  Dismissal

Criminal Rule 49  Serving and Filing Papers

Criminal Rule 49.1  Privacy Protection for Filings Made With the Court

Criminal Rule 50  Prompt Disposition

Criminal Rule 51  Preserving Claimed Error

Criminal Rule 52  Harmless and Plain Error

Criminal Rule 53  Courtroom Photographing and Broadcasting Prohibited

Criminal Rule 54  [Transferred]

Criminal Rule 55  Records

Criminal Rule 56  When Court Is Open

Criminal Rule 57  District Court Rules

Criminal Rule 58  Petty Offenses and Other Misdemeanors

Criminal Rule 59  Matters Before a Magistrate Judge

Criminal Rule 60  Victim's Rights

Criminal Rule 61  Title

POSTCONVICTION REMEDIES

Text of Rules Governing Section 2254 Cases in the United States District Courts

Official Form  Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody

Tex of Rules Governing Section 2255 Proceedings in the United States District Courts

Official Form  Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255)

FEDERAL RULES OF APPELLATE PROCEDURE

Appellate Rule 1  Scope of Rules; Title

Appellate Rule 2  Suspension of Rules

Appellate Rule 3  Appeal as of Right—How Taken

Appellate Rule 3.1  [Abrogated]

Appellate Rule 4  Appeal as of Right —When Taken

Appellate Rule 5  Appeal by Permission

Appellate Rule 5.1  [Abrogated]

Appellate Rule 6  Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel

Appellate Rule 7  Bond for Costs on Appeal in a Civil Case

Appellate Rule 8  Stay or Injunction Pending Appeal

Appellate Rule 9  Release in a Criminal Case

Appellate Rule 10  The Record on Appeal

Appellate Rule 11  Forwarding the Record

Appellate Rule 12  Docketing the Appeal; Filing a Representation Statement; Filing the Record

Appellate Rule 12.1  Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal

Appellate Rule 13  Review of a Decision of the Tax Court

Appellate Rule 14  Applicability of Other Rules to the Review of a Tax Court Decision

Appellate Rule 15  Review or Enforcement of an Agency Order—How Obtained; Intervention

Appellate Rule 15.1  Briefs and Oral Arguments in National Labor Relations Board Proceedings

Appellate Rule 16  The Record on Review or Enforcement

Appellate Rule 17  Filing the Record

Appellate Rule 18  Stay Pending Review

Appellate Rule 19  Settlement of a Judgment Enforcing an Agency Order in Part

Appellate Rule 20  Applicability of Rules to the Review or Enforcement

Appellate Rule 21  Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Appellate Rule 22  Habeas Corpus and Section 2255 Proceedings

Appellate Rule 23  Custody or Release of a Prisoner in a Habeas Corpus Proceeding

Appellate Rule 24  Proceedings in Forma Pauperis

Appellate Rule 25  Filing and Service

Appellate Rule 26  Computing and Extending Time

Appellate Rule 26.1  Corporate Disclosure Statement

Appellate Rule 27  Motions

Appellate Rule 28  Briefs

Appellate Rule 28.1  Cross-Appeals

Appellate Rule 29  Brief of an Amicus Curiae

Appellate Rule 30  Appendix to the Briefs

Appellate Rule 31  Serving and Filing Briefs

Appellate Rule 32  Form of Briefs, Appendices, and Other Papers

Appellate Rule 32.1  Citing Judicial Dispositions

Appellate Rule 33  Appeal Conferences

Appellate Rule 34  Oral Argument

Appellate Rule 35  En Banc Determination

Appellate Rule 36  Entry of Judgment

Appellate Rule 37  Interest on Judgments

Appellate Rule 38  Frivolous Appeal—Damages and Costs

Appellate Rule 39  Costs

Appellate Rule 40  Petition for Panel Rehearing

Appellate Rule 41  Mandate: Contents; Issuance and Effective Date; Stay

Appellate Rule 42  Voluntary Dismissal

Appellate Rule 43  Substitution of Parties

Appellate Rule 44  Case Involving a Constitutional Question When the United States or the Relevant State Is Not a Party

Appellate Rule 45  Clerk's Duties

Appellate Rule 46  Attorneys

Appellate Rule 47  Local Rules by Courts of Appeals

Appellate Rule 48  Masters

FEDERAL RULES OF EVIDENCE

Article I  General Provisions

Article II  Judicial Notice

Article III  Presumptions in Civil Actions and Proceedings

Article IV  Relevancy and its Limits

Article V  Privileges

Article VI  Witnesses

Article VII  Opinions and Expert Testimony

Article VIII  Hearsay

Article IX  Authentication and Identification

Article X  Contents Of Writings, Recordings, and Photographs

Article XI  Miscellaneous Rules

RULES OF THE SUPREME COURT

Part I    The Court

Part II    Attorneys and Counselors

Part III    Jurisdiction on Writ Of Certiorari

Part IV    Other Jurisdiction

Part V    Motions and Applications

Part VI    Briefs on the Merits and Oral Argument

Part VII  Practice and Procedure

Part VIII  Disposition of Cases

Part IX  Application of Terms and Effective Date