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Moore's Federal Practice

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Moore's Federal Practice is the backbone of any federal litigator's library. Comprehensive and authoritative, Moore's is written by the judges, lawyers, and professors who write and amend the Federal Rules, and is LexisNexis Matthew Bender's flagship treatise on federal civil, criminal, appellate, and admiralty procedure.

The first edition of this venerable work was written by the late Professor James William Moore, one of the original drafters of the Federal Rules of Civil Procedure, in 1938. From its initial publication, Moore's instantly became, and remains today, the standard reference work on federal court procedure and has been cited thousands of times in federal court decisions.

This latest edition represents a complete overhaul of the classic work, authored by over 50 distinguished federal judges, law professors, and practitioners, including many who, like Professor Moore, have been directly involved in the federal rulemaking process. Moore's 34 volumes include the full text of the federal rules along with extensive commentary and analysis of the rules and cases interpreting the rules.

The publication covers the important December 1, 2015 amendments to the Federal Rules of Civil Procedure, and provides detailed analysis of recent cases such as Dart Cherokee Basin Operating Co. v. Owens (removal) and Lexmark Int'l, Inc. v. Static Control Components, Inc. (standing).

Customers who subscribe to the full Moore's Federal Practice set will also receive the Moore's Federal Practice Update (12 monthly issues) at no extra cost.

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Table of Contents


PART 1. Scope of Rules; Form of Action

Chapter 1 Scope and Purpose

Chapter 2 One Form of Action

PART 2. Commencing an Action; Service of Process, Pleadings, Motions, and

Chapter 3 Commencing an Action

Chapter 4 Summons

Chapter 4.1 Serving Other Process

Chapter 5 Serving and Filing Pleadings and Other Papers

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

Chapter 5.2 Privacy Protection for Filings Made With the Court

Chapter 6 Computing and Extending Time; Time for Motion Papers

PART 3. Pleadings and Motions

Chapter 7 Pleadings Allowed; Form of Motions and Other Papers

Chapter 7.1 Disclosure Statement

Chapter 8 General Rules of Pleading

Chapter 9 Pleading Special Matters

Chapter 10 Form of Pleadings

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

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

Chapter 13 Counterclaim and Crossclaim

Chapter 14 Third-Party Practice

Chapter 15 Amended and Supplemental Pleadings

Chapter 16 Pretrial Conferences; Scheduling; Management

PART 4. Parties

Chapter 17 Plaintiff and Defendant; Capacity; Public Officers

Chapter 18 Joinder of Claims

Chapter 19 Required Joinder of Parties

Chapter 20 Permissive Joinder of Parties

Chapter 21 Misjoinder and Nonjoinder of Parties

Chapter 22 Interpleader

Chapter 23 Class Actions

Chapter 23.1 Derivative Actions

Chapter 23.2 Actions Relating to Unincorporated Associations

Chapter 24 Intervention

Chapter 25 Substitution of Parties

PART 5. Disclosures and Discovery

Chapter 26 Duty to Disclose; General Provisions Governing Discovery

Chapter 27 Depositions to Perpetuate Testimony

Chapter 28 Persons Before Whom Depositions May Be Taken

Chapter 29 Stipulations About Discovery Procedure

Chapter 30 Depositions by Oral Examination

Chapter 31 Depositions by Written Questions

Chapter 32 Using Depositions in Court Proceedings

Chapter 33 Interrogatories to Parties

Chapter 34 Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes

Chapter 35 Physical and Mental Examinations

Chapter 36 Requests for Admission

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

PART 6. Trials

Chapter 38 Right to a Jury Trial; Demand

Chapter 39 Trial by Jury or by the Court

Chapter 40 Scheduling Cases for Trial

Chapter 41 Dismissal of Actions

Chapter 42 Consolidation; Separate Trials

Chapter 43 Taking Testimony

Chapter 44 Proving an Official Record

Chapter 44.1 Determining Foreign Law

Chapter 45 Subpoena

Chapter 46 Objecting to a Ruling or Order

Chapter 47 Selecting of Jurors

Chapter 48 Number of Jurors; Verdict, Polling

Chapter 49 Special Verdict; General Verdict and Questions

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

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

Chapter 52 Findings and Conclusions by the Court; Judgment on partial Findings

Chapter 53 Masters

PART 7. Judgment

Chapter 54 Judgment; Costs

Chapter 55 Default; Default Judgment

Chapter 56 Summary Judgment

Chapter 57 Declaratory Judgment

Chapter 58 Entering Judgment

Chapter 59 New Trial; Altering or Amending a Judgment

Chapter 60 Relief From a Judgment or Order

Chapter 61 Harmless Error

Chapter 62 Stay of Proceedings to Enforce a Judgment

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

Chapter 63 Judge's Inability to Proceed

PART 8. Provisional and Final Remedies

Chapter 64 Seizing a Person or Property

Chapter 65 Injunctions and Restraining Orders

Chapter 65.1 Proceedings Against a Surety

Chapter 66 Receivers

Chapter 67 Deposit into Court

Chapter 68 Offer of Judgment

Chapter 69 Execution

Chapter 70 Enforcing a Judgment for a Specific Act

Chapter 71 Enforcing Relief For or Against a NonParty

PART 9. Special Proceedings

Chapter 71.1 Condemning Real or Personal Property

Chapter 72 Magistrate Judges: Pretrial Order

Chapter 73 Magistrate Judges: Trial by Consent; Appeal

Chapter 74 Method of Appeal From Magistrate Judge to District Judge Under TITLE 28, U.S.C. §
636(c)(4) and Rule 73(d)

Chapter 75 Proceedings on Appeal From Magistrate Judge to District Judge Under Rule 73(d)

Chapter 76 Judgment of the District Judge on the Appeal under Rule 73(d) and Costs

PART 10. District Courts and Clerks: Conducting Business; Issuing Orders

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

Chapter 78 Hearing Motions; Submission on Briefs

Chapter 79 Records Kept by the Clerk

Chapter 80 Stenographic Transcript as Evidence

PART 11. General Provisions

Chapter 81 Applicability of the Rules in General; Removed Actions

Chapter 82 Jurisdiction and Venue Unaffected

Chapter 83 Rules by District Courts; Judge's Directives

Chapter 84 Forms

Chapter 85 Title

Chapter 86 Effective Dates


Chapter 100 The Structure of the Federal Judicial System

Chapter 101 Issues of Justiciability

Chapter 102 Diversity Jurisdiction

Chapter 103 Federal Question Jurisdiction

Chapter 104 Specific Grants of Federal Question Jurisdiction

Chapter 105 Other Subject Matter Jurisdiction Statutes

Chapter 106 Supplemental Jurisdiction

Chapter 107 Removal

Chapter 108 Territorial Jurisdiction: Jurisdiction Over Persons and Property


Chapter 110 Determination of Proper Venue

Chapter 111 Change of Venue

Chapter 112 Multidistrict Litigation


Chapter 120 Dual State and Federal Judicial Structure

Chapter 121 The Anti-Injunction Acts

Chapter 122 Abstention Doctrines

Chapter 123 Access to Courts: Eleventh Amendment and State Sovereign Immunity

Chapter 124 The Erie Doctrine and Applicable Law


Chapter 130 Recognition and Validity of Judgments

Chapter 131 Claim Preclusion and Res Judicata

Chapter 132 Issue Preclusion and Collateral Estoppel

Chapter 133 Intersystem Preclusion

Chapter 134 Stare Decisis, Law of the Case, and Judicial Estoppel


Chapter 201 Appellate Jurisdiction in the Federal System

Chapter 202 Final Judgments

Chapter 203 Interlocutory Orders

Chapter 204 Extraordinary Writs

Chapter 205 Reviewability of Issues

Chapter 206 Standards of Review

Chapter 207 Complex Appeals

Chapter 208 Practice in the Federal Circuit


PART 1. Applicability of Rules

Chapter 301 Scope of Rules; Title

Chapter 302 Suspension of Rules

PART 2. Appeals From Judgments and Orders of District Courts

Chapter 303 Appeal as of Right—How Taken

Chapter 303.1 Appeal From a Judgment of a Magistrate Judge in a Civil Case

Chapter 304 Appeal as of Right—When Taken

Chapter 305 Appeal by Permission

Chapter 305.1 Appeal by Leave Under 28 U.S.C. § 636(c)(5)

Chapter 306 Appeal in a Bankruptcy Case From a Final Judgment, Order, or Decree of a District
Court or Bankruptcy Appellate Panel

Chapter 307 Bond for Costs on Appeal in a Civil Case

Chapter 308 Stay or Injunction Pending Appeal

Chapter 309 Release in a Criminal Case

Chapter 310 The Record on Appeal

Chapter 311 Forwarding the Record

Chapter 312 Docketing the Appeal; Filing a Representation Statement; Filing the Record

Chapter 312.1 Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal

PART 3. Review of Decisions of the United States Tax Court

Chapter 313 Review of a Decision of the Tax Court

Chapter 314 Applicability of Other Rules to the Review of a Tax Court Decision

PART 4. Review and Enforcement of Orders of Administrative Agencies, Boards, Commissions,
and Officers

Chapter 315 Review or Enforcement of an Agency Order—How Obtained; Intervention

Chapter 315.1 Briefs and Oral Argument in a National Labor Relations Board Proceeding

Chapter 316 The Record on Review or Enforcement

Chapter 317 Filing the Record

Chapter 318 Stay Pending Review

Chapter 319 Settlement of a Judgment Enforcing an Agency Order in Part

Chapter 320 Applicability of Rules to the Review or Enforcement of an Agency Order

PART 5. Extraordinary Writs

Chapter 321 Writs of Mandamus and Prohibition, and Other Extraordinary Writs

PART 6. Habeas Corpus; Proceedings In Forma Pauperis

Chapter 322 Habeas Corpus and Section 2255 Proceedings

Chapter 323 Custody or Release of a Prisoner in a Habeas Corpus Proceeding

Chapter 324 Proceeding In Forma Pauperis

PART 7. General Provisions

Chapter 325 Filing and Service

Chapter 326 Computing and Extending Time

Chapter 326.1 Corporate Disclosure Statement

Chapter 327 Motions

Chapter 328 Briefs

Chapter 328.1 Cross-Appeals

Chapter 329 Brief of an Amicus Curiae

Chapter 330 Appendix to the Briefs

Chapter 331 Serving and Filing Briefs

Chapter 332 Form of Briefs, Appendices, and Other Papers

Chapter 332.1 Citing Judicial Dispositions

Chapter 333 Appeal Conferences

Chapter 334 Oral Argument

Chapter 335 En Banc Determination

Chapter 336 Entry of Judgment; Notice

Chapter 337 Interest on Judgment

Chapter 338 Frivolous Appeal—Damages and Costs

Chapter 339 Costs

Chapter 340 Petition for Panel Rehearing

Chapter 341 Mandate: Contents; Issuance and Effective Date; Stay

Chapter 342 Voluntary Dismissal

Chapter 343 Substitution of Parties

Chapter 344 Case Involving a Constitutional Question When the United States Is Not a

Chapter 345 Clerk's Duties

Chapter 346 Attorneys

Chapter 347 Local Rules by Courts of Appeals

Chapter 348 Masters

PART 8. Appellate Appendices

Chapter 349 Appellate Procedure Forms

Chapter 350 Appellate Time Limits Chart

Circuit Court Rules

Chapter 351 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the First Circuit

Chapter 352 Local Rules and Appendices of the United States Court of Appeals for the Second Circuit

Chapter 353 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Third Circuit

Chapter 354 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Fourth Circuit

Chapter 355 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Fifth Circuit

Chapter 356 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Sixth Circuit

Chapter 357 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Seventh Circuit

Chapter 358 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Eighth Circuit

Chapter 359 Local Rules of the United States Court of Appeals for the Ninth Circuit

Chapter 360 Local Rules of the United States Court of Appeals for the Tenth Circuit

Chapter 361 Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Eleventh Circuit

Chapter 362 Local Rules, Appendix, and Handbook of Practice and Internal Procedures of the United States Court of Appeals for the of the District of Columbia Circuit

Chapter 363 Local Rules and Attorney Discipline Rules of the United States Court of Appeals for the Federal Circuit

Circuit Court Rules Index


PART 1. Nature of Practice

Chapter 400 Nature of Supreme Court Practice

Chapter 401 Organization and Operation of Supreme Court

PART 2. Jurisdiction of Supreme Court

Chapter 402 Original Jurisdiction of Supreme Court

Chapter 403 Supreme Court Appellate Jurisdiction Generally

Chapter 404 Authorization for Three-Judge Courts and Direct Appeals to the Supreme Court

Chapter 405 Discretionary Review From Federal Courts (Certiorari or Certified Questions)

Chapter 406 Certiorari Jurisdiction Over State Courts

Chapter 407 Appellate Jurisdiction Over Specialized Courts

Chapter 408 Procedural Framework of Supreme Court Practice

Chapter 409 Jurisdiction Over Administrative Agencies and Orders


Chapter 500 Evolution of the Supreme Court Rules

PART 1. The Court

Chapter 501 Clerk

Chapter 502 Library

Chapter 503 Term

Chapter 504 Sessions and Quorum

PART 2. Attorneys and Counselors

Chapter 505 Admission to the Bar

Chapter 506 Argument Pro Hac Vice

Chapter 507 Prohibition Against Practice

Chapter 508 Disbarment and Disciplinary Action

Chapter 509 Appearance of Counsel

PART 3. Jurisdiction on Writ of Certiorari

Chapter 510 Considerations Governing Review on Certiorari

Chapter 511 Certiorari to a United States Court of Appeals Before Judgment

Chapter 512 Review on Certiorari: How Sought; Parties

Chapter 513 Review on Certiorari: Time for Petitioning

Chapter 514 Content of a Petition for a Writ of Certiorari

Chapter 515 Briefs in Opposition; Reply Briefs; Supplemental Briefs

Chapter 516 Disposition of a Petition for a Writ of Certiorari

PART 4. Other Jurisdiction

Chapter 517 Procedure in an Original Action

Chapter 518 Appeal From a United States District Court

Chapter 519 Procedure on a Certified Question

Chapter 520 Procedure on a Petition for an Extraordinary Writ

PART 5. Motions and Applications

Chapter 521 Motions to the Court

Chapter 522 Applications to Individual Justices

Chapter 523 Stays

PART 6. Briefs on the Merits and Oral Argument

Chapter 524 Briefs on the Merits: In General

Chapter 525 Briefs on the Merits: Number of Copies and Time to File

Chapter 526 Joint Appendix

Chapter 527 Calendar

Chapter 528 Oral Argument

PART 7. Practice and Procedure

Chapter 529 Filing and Service of Documents; Special Notifications; Corporate Disclosure

Chapter 530 Computation and Extension of Time

Chapter 531 Translations

Chapter 532 Models, Diagrams, Exhibits, and Lodgings

Chapter 533 Document Preparation: Booklet Format; 8 1/2-
by 11-Inch Paper Format

Chapter 534 Document Preparation: General Requirements

Chapter 535 Death, Substitution, and Revivor; Public Officers

Chapter 536 Custody of Prisoners in Habeas Corpus Proceedings

Chapter 537 Brief for an Amicus Curiae

Chapter 538 Fees

Chapter 539 Proceedings In Forma Pauperis

Chapter 540 Veterans, Seamen, and Military Cases

PART 8. Disposition of Cases

Chapter 541 Opinions of the Court

Chapter 542 Interest and Damages

Chapter 543 Costs

Chapter 544 Rehearing

Chapter 545 Process; Mandates

Chapter 546 Dismissing Cases

PART 9. Definitions and Effective Date

Chapter 547 Reference to "State Court" and "State Law"

Chapter 548 Effective Date of Rules

PART 10. Supreme Court Appendix

Chapter 549 Supreme Court Time Limits Chart


TITLE I. Applicability

Chapter 601 Scope; Definitions

Chapter 602 Interpretation

TITLE II. Preliminary Proceedings

Chapter 603 The Complaint

Chapter 604 Arrest Warrant or Summons on a Complaint

Chapter 604.1 Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means

Chapter 605 Initial Appearance

Chapter 605.1 Preliminary Hearing

TITLE III. The Grand Jury, The Indictment, and the Information

Chapter 606 The Grand Jury

Chapter 607 The Indictment and the Information

Chapter 608 Joinder of Offenses or Defendants

Chapter 609 Arrest Warrant or Summons on an Indictment or Information

TITLE IV. Arraignment and Preparation for Trial

Chapter 610 Arraignment

Chapter 611 Pleas

Chapter 612 Pleadings and Pretrial Motions

Chapter 612.1 Notice of an Alibi Defense

Chapter 612.2 Notice of Insanity Defense; Mental Examination

Chapter 612.3 Notice of Public-Authority Defense

Chapter 612.4 Disclosure Statement

Chapter 613 Joint Trial of Separate Cases

Chapter 614 Relief From Prejudicial Joinder

Chapter 615 Depositions

Chapter 616 Discovery and Inspection

Chapter 617 Subpoena

Chapter 617.1 Pretrial Conference

TITLE V. Venue

Chapter 618 Place of Prosecution and Trial

Chapter 619 Transfer Within the District (abrogated effective 7/1/66)

Chapter 620 Transfer for Plea and Sentence

Chapter 621 Transfer for Trial

Chapter 622 Time of Motion to Transfer (deleted effective 12/1/02)


Chapter 623 Jury or Nonjury Trial

Chapter 624 Trial Jurors

Chapter 625 Judge's Disability

Chapter 626 Taking Testimony

Chapter 626.1 Foreign Law Determination

Chapter 626.2 Producing a Witness' Statement

Chapter 626.3 Mistrial

Chapter 627 Proving an Official Record

Chapter 628 Interpreters

Chapter 629 Motion for a Judgment of Acquittal

Chapter 629.1 Closing Argument

Chapter 630 Jury Instructions

Chapter 631 Jury Verdict

TITLE VII. Post-Conviction Procedures

Chapter 632 Sentencing and Judgment

Chapter 632.1 Revoking or Modifying Probation or Supervised Release

Chapter 632.2 Criminal Forfeiture

Chapter 633 New Trial

Chapter 634 Arresting Judgment

Chapter 635 Correcting or Reducing a Sentence

Chapter 636 Clerical Error

TITLE VIII. Supplementary and Special Proceedings

Chapter 637 Taking Appeal; and Petition for Writ of Certiorari (abrogated effective

Chapter 638 Staying a Sentence or a Disability

Chapter 639 Supervision of Appeal (abrogated effective 7/1/68)

Chapter 640 Arrest for Failing to Appear in Another District

Chapter 641 Search and Seizure

Chapter 642 Criminal Contempt

TITLE IX. General Provisions

Chapter 643 Defendant's Presence

Chapter 644 Right to and Appointment of Counsel

Chapter 645 Computing and Extending Time

Chapter 646 Release from Custody

Chapter 647 Motions and Supporting Affidavits

Chapter 648 Dismissal

Chapter 649 Serving and Filing Papers

Chapter 649.1 Privacy Protection For Filings Made with the Court

Chapter 650 Prompt Disposition

Chapter 651 Preserving Claimed Error

Chapter 652 Harmless and Plain Error

Chapter 653 Courtroom Photographing and Broadcasting Prohibited

Chapter 654 Application and Exception (transferred effective 12/1/02)

Chapter 655 Records

Chapter 656 When Court Is Open

Chapter 657 District Court Rules

Chapter 658 Petty Offenses and Other Misdemeanors

Chapter 659 Matters Before a Magistrate Judge

Chapter 660 Victim's Rights

Chapter 661 Title

Other Proceedings

Chapter 670 Parole

Chapter 671 Federal Habeas Corpus

Chapter 672 Motion Attacking Sentence

Criminal Index

Criminal Tables


Chapter 701 History of Admiralty Practice

Chapter 702 Supplemental Rules for Certain Admiralty and Maritime Claims, and Other Federal
Civil Rules Making Special Provision for Admiralty Actions

Chapter 703 Admiralty Jurisdiction

Chapter 704 Admiralty Pleading and Procedure

Chapter 705 Admiralty Arrest and Attachment

Chapter 706 Admiralty Sales

Chapter 707 Particular Admiralty Actions

Chapter 708 Limitation of Liability

Chapter 709 Admiralty Arbitration

Chapter 710 Admiralty Appeals

Chapter 711 Asset Forfeiture Actions

Admiralty Index


PART 1. The Rules Structure

Chapter 801 Federal Law Governing Attorney Conduct

Chapter 802 Structure of Rules Governing Attorney Conduct in Federal District Courts

Chapter 803 Structure of Federal Rules Governing Attorney Conduct in Courts of Appeals

Chapter 804 Structure of Federal Rules Governing Attorney Conduct in Supreme Court

Chapter 805 Attorney Conduct Regulation in Bankruptcy Courts and Bankruptcy Proceedings

Chapter 806 Disciplinary Enforcement

PART 2. The Federal Common Law of Lawyering

Chapter 807 Introduction to the Common Law of Lawyering: The Inherent Power of Federal Courts
to Regulate the Conduct of Attorneys

Chapter 808 Conflicts of Interest

Chapter 809 Investigation, Discovery, and Settlement in Civil Cases

Chapter 810 Lawyer Communication With Person Represented by Another Lawyer

Chapter 811 Candor and Confidentiality

Chapter 812 Advocate-Witness

Chapter 813 Special Issues in Criminal Cases

Chapter 814 Civility Issues in Federal Court Practice

Chapter 815 Attorney Conduct and the Securities and Exchange Commission

Chapter 820 Looking Forward

Attorney Conduct Index


Chapter 901 Introduction to Law and Practice of Arbitration

Chapter 902 Arbitration Defined and Explained

Chapter 903 Basic Concepts, Principles, and Doctrines Underlying Law of Arbitration

Chapter 904 The Federal Arbitration Act and the Uniform Law of Arbitration

Chapter 905 Arbitration and Federalism; Recognition of FAA as Substantive Body of Law

Chapter 906 Arbitration and Freedom of Contract

Chapter 907 Arbitration Agreement as Contract of Adhesion

Chapter 908 Enforcement of Arbitration Award; Judicial Confirmation or Review

Chapter 909 International Commercial Arbitration

Appendix A. Title 9 U.S.C.

Appendix B. Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Appendix C. Inter-American Convention on International Commercial Arbitration

Arbitration Index


Civil Index


Moore's 2d. ed. to Moore's 3d. Ed. Correlation Table

Table of Primary Source

Table of Statutes and Rules

Restyled FRCP Correlation Table

Table of Cases

Pamphlet: Judicial Code (28 U.S.C.)

Pamphlet: Manual for Complex Litigation (Fourth)

Pamphlet: Guide to Judicial Management of Cases In ADR