Moore's Federal Practice, Third Edition (Softbound)

DIVISION I. FEDERAL RULES OF CIVIL PROCEDURE

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 Orders
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; Sanctions
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 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto 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
Chapter 37A Discovery of Electronically Stored Information

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

Chapter 86 Effective Dates

DIVISION II. FEDERAL COURTS AND JURISDICTION
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

DIVISION III. VENUE
Chapter 110 Determination of Proper Venue
Chapter 111 Change of Venue
Chapter 112 Multidistrict Litigation

DIVISION IV. INTERRELATIONSHIP OF STATE AND FEDERAL COURTS
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

DIVISION V. EFFECT OF JUDGMENT AND PRECLUSION
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

DIVISION VI. APPELLATE JURISDICTION AND PRACTICE
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

DIVISION VII. FEDERAL RULES OF APPELLATE PROCEDURE

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

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 Party
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

DIVISION VIII. SUPREME COURT JURISDICTION AND PRACTICE

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

DIVISION IX. RULES OF THE SUPREME COURT OF THE UNITED STATES
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 Statement
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

DIVISION XII. THE FEDERAL LAW OF ATTORNEY CONDUCT; COURT PRACTICE

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

INDEX

Civil Index

TABLES
Moore's 2d. ed. to Moore's 3d. Ed. Correlation Table
Table of Statutes and Rules
Restyled FRCP Correlation Table
Table of Cases
Pamphles
Judicial Code (28 U.S.C.)
Manual for Complex Litigation (Fourth)
Guide to Judicial Management of Cases in ADR

 

Daniel R. Coquillette

Daniel R. Coquillette is the J. Donald Monan, S.J., University Professor at Boston College of Law in Newton, Massachusetts, and the Charles Warren Visiting Professor of American Legal History at Harvard Law School, Cambridge, Massachusetts. Professor Coquillette is a graduate of Williams College (B.A., 1966), Oxford University (B.A., 1969 and M.A., 1975) and Harvard University (J.D., 1971). He clerked for Justice Robert Braucher (MA SJC) in Boston (1971-1972) and Chief Justice of the United States Warren E. Burger (1972-1973), and was a partner in the Boston law firm Palmer & Dodge (1973-1975, 1978-1985). In his academic career, Professor Coquillette has served as an Associate Professor at Boston University (1975-1978), Visiting Professor at Cornell Law School (1978, 1983), Visiting Professor at Harvard Law School (1978-1979, 1983-1984, 1994-), Dean of Boston College (1985-1993), Professor of Law at Boston College (1985-1988), and J. Donald Monan S.J. University Professor at Boston College (1989-). His course subjects include Contracts, Jurisprudence, Legal History, and the Legal Profession.

Gregory P. Joseph

Gregory P. Joseph heads Gregory P. Joseph Law Offices LLC in New York. Mr. Joseph was formerly the Chair of the Litigation Department at New York's Fried, Frank, Harris, Shriver & Jacobson. An honors graduate of the University of Minnesota and its Law School, he is a member of the Advisory Committee on the Federal Rules of Evidence of the United States Judicial Conference; a Fellow of the American College of Trial Lawyers; and Chair of the Litigation Section of the American Bar Association (1997-98).

Mr. Joseph is the author of several volumes on evidence, procedure, trial practice, and Civil RICO. He has lectured on numerous occasions for the Federal Judicial Center to federal judges across the United States; has addressed the Judicial Conferences of the Second, Seventh, and Ninth Circuits; and has lectured at the Annual Meetings of the American College of Trial Lawyers, the American Bar Association, the Association of Trial Lawyers of America, the American Arbitration Association, and the Federal Bar Association. A former Assistant United States Special Prosecutor, Mr. Joseph served as Chair of the Committee on Professional Responsibility of the Association of the Bar of the City of New York from 1993-1996, and is a member of the American Law Institute.

Sol Schreiber

Sol Schreiber is of counsel to the firm of Milberg LLP in New York City. He was formerly a partner from 1982-2003. His practice areas include litigation, class actions, complex civil litigation, and court-appointed special masters' assignments. He has served as an adjunct professor at Fordham Law School (1973-1986) and as a United States Magistrate in the United States District Court, Southern District of New York (1971-1978). A graduate of City College of the City University of New York (B.A., cum laude, 1952) and the law school at Yale University (LL.B., 1955), Mr. Schreiber has received the Francis Rawle Award for Outstanding Achievement in Post-Admission Legal Education (ALI-ABA, July 1985) and the Presidential Award (Legal Society, November 1984).

Mr. Schreiber's court-appointed special masters' assignments have included Agent Orange litigation (1982-1984), sex discrimination class actions (1984-), an international antitrust case in the district court for the District of Columbia (1986-1988), and the Hunt-Shore Sale Silver Class Action cases (1988-1990). Mr. Schreiber also served as legal consultant to the Dalkon Shield Other Claimants Trust (1990). In September 2005, he became a Trustee of the Center for American and International Law (formerly the Southwestern Legal Foundation).

Since 1974, Mr. Schreiber has served as the Planning and Program Chairman of ALI-ABA Federal Evidence & Civil Practice Programs. Mr. Schreiber has served as the co-chair of the ALI-ABA/Federal Judicial Center Annual TV Program on New Directions in Federal Civil Practice and Procedure from 1993 to date.

Georgene M. Vairo

Georgene M. Vairo is the David P. Leonard Professor of Law at Loyola Law School in Los Angeles. She is a graduate of Sweet Briar College (B.A. 1972) (Phi Beta Kappa), the University of Virginia (M. Ed. 1975) (With Distinction), and Fordham University School of Law (J.D. 1979) (cum laude). While a student at Fordham, Professor Vairo was an associate editor of the Law Review, and a member of the National Moot Court championship team.

Professor Vairo practiced antitrust law at the New York City office of Skadden Arps Slate Meagher & Flom (1979-1981), and served as the first law clerk to the Honorable Joseph M. McLaughlin (1981-1982), currently United States Court of Appeals Judge for the Second Circuit, then District Judge for the Eastern District of New York. She joined the faculty of Fordham University School of Law in 1982 and taught there for 13 years, serving as Associate Dean from 1987 until 1995, and was appointed to the Leonard F. Manning Chair in 1994. She taught as a visiting professor at Loyola Law School in 1995-1996, and currently teaches courses there in Federal Jurisdiction, Civil Procedure, Class Actions, Complex Litigation, Mass Tort Litigation, International Dispute Resolution, and Federal Courts.

From 1988 to 2000, Professor Vairo served as a member of the Board of Trustees of the Dalkon Shield Claimants' Trust, and as its Chairperson since August of 1989. She writes a column on forum selection issues for the National Law Journal, and contributes Emerging Issues Analysis on noteworthy cases for LexisNexis. She has served on the editorial board of several litigation and dispute resolution journals, including the ADR Quarterly of the American Arbitration Association, and The Practical Litigator of the American Law Institute-American Bar Association. She is a member of the American Law Institute, and served as a member of the ALI Project on Complex Litigation. She has been invited to testify before the Advisory Committee on Civil Rules, and has lectured widely on various federal procedural topics including Rule 11, summary judgment, choice of forum considerations, abstention, resolution of mass torts and federal jurisdiction, to groups of judges, lawyers, and law professors.

Chilton Davis Varner

Chilton Davis Varner became King & Spalding's first female litigation partner in 1983. She is the senior partner in the firm's product liability practice, which has been named one of the top three in the country by The American Lawyer and one of the top six by Chambers. In 2004, Former Chief Justice Rehnquist named Ms. Varner to the Advisory Committee to the Federal Rules of Civil Procedure, and she was re-appointed to a second term until 2010 by Chief Justice Roberts. Ms. Varner currently serves on the Editorial Board for Moore's Federal Practice, a leading treatise on practice in the federal courts. Ms. Varner was named to the National Law Journal's list of the top 10 women litigators in the country in 2001. Ms. Varner is currently President-Elect Designate of the American College of Trial Lawyers. Ms. Varner has served as national trial and appellate counsel for a variety of corporate clients, including her work in products liability, business litigation, regulatory investigations and counseling on questions of attorney-client privilege and work product.