Lexis Nexis 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).
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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 - Bankruptcy 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
