美国联邦民事诉讼规则.docxVIP

FEDERAL RULES OF CIVIL PROCEDURE SCOPE OF RULES ONE FORM OF ACTION Rulel Scope and Purpose of Rules These rules gover n the procedure in the Un ited States district courts in all suits of a civil n ature whether cognizable as cases at law or in equity or in admiralty, with the exceptions stated in Rule 81. They shall be con strued and adm ini stered to secure the just, speedy, and in expe nsive determ in ati on of every acti on. Rule 2 One Form of Actio n There shall be one form of action to be known as civil acti on. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS Rule 3 Comme nceme nt of Action A civil action is commeneed by filing a complaint with the court. Rule 4 Summons Form. The sum mons shall be sig ned by the clerk, bear the seal of the court, ide ntify the court and the parties, be directed to the defe ndant, and state the n ame and address of the pla in tiffs attor ney or, if un represe nted, of the pla in tiff. It shall also state the time with in which the defe ndant must appear and defe nd, and no tify the defe ndant that failure to do so will result in a judgme nt by default against the defendant for the relief demandedin the complaint. The court may allow a summonsto be amended. Issua nee. Upon or after fili ng the compla int, the pla in tiff may prese nt a sum mons to the clerk for sig nature and seal. If the sum mons is in proper form, the clerk shall sig n, seal, and issue it to the pla in tiff for service on the defe ndant. A sum mons, or a copy of the sum mons if addressed to multiple defe ndan ts, shall be issued for each defe ndant to be served. Service with Compla int; by Whom Made. A sum mons shall be served together with a copy of the compla int. The pla in tiff is resp on sible for service of a sum monsand compla int with in the time allowed un der subdivisi on (m) and shall furnish the person effecting service with the necessary copies of the summons and compla int. Service may be effected by any pers on who is