Applicability of the Rules in General; Removed Actions

U.S Code last checked for updates: Nov 27, 2024

Rule 81.

(a)

Applicability to Particular Proceedings.

(1)

Prize Proceedings. These rules do not apply to prize proceedings in admiralty governed by 10 U.S.C. §§ 7651–7681.

(2)

Bankruptcy. These rules apply to bankruptcy proceedings to the extent provided by the Federal Rules of Bankruptcy Procedure.

(3)

Citizenship. These rules apply to proceedings for admission to citizenship to the extent that the practice in those proceedings is not specified in federal statutes and has previously conformed to the practice in civil actions. The provisions of 8 U.S.C. § 1451 for service by publication and for answer apply in proceedings to cancel citizenship certificates.

(4)

Special Writs. These rules apply to proceedings for habeas corpus and for quo warranto to the extent that the practice in those proceedings:

(A)

is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and

(B)

has previously conformed to the practice in civil actions.

(5)

Proceedings Involving a Subpoena. These rules apply to proceedings to compel testimony or the production of documents through a subpoena issued by a United States officer or agency under a federal statute, except as otherwise provided by statute, by local rule, or by court order in the proceedings.

(6)

Other Proceedings. These rules, to the extent applicable, govern proceedings under the following laws, except as these laws provide other procedures:

(A)

7 U.S.C. §§ 292, 499g(c), for reviewing an order of the Secretary of Agriculture;

(B)

9 U.S.C., relating to arbitration;

(C)

15 U.S.C. § 522, for reviewing an order of the Secretary of the Interior;

(D)

15 U.S.C. § 715d(c), for reviewing an order denying a certificate of clearance;

(E)

29 U.S.C. §§ 159, 160, for enforcing an order of the National Labor Relations Board;

(F)

33 U.S.C. §§ 918, 921, for enforcing or reviewing a compensation order under the Longshore and Harbor Workers’ Compensation Act; and

(G)

45 U.S.C. § 159, for reviewing an arbitration award in a railway-labor dispute.

(b)

Scire Facias and Mandamus.

The writs of scire facias and mandamus are abolished. Relief previously available through them may be obtained by appropriate action or motion under these rules.

(c)

Removed Actions.

(1)

Applicability. These rules apply to a civil action after it is removed from a state court.

(2)

Further Pleading. After removal, repleading is unnecessary unless the court orders it. A defendant who did not answer before removal must answer or present other defenses or objections under these rules within the longest of these periods:

(A)

21 days after receiving—through service or otherwise—a copy of the initial pleading stating the claim for relief;

(B)

21 days after being served with the summons for an initial pleading on file at the time of service; or

(C)

7 days after the notice of removal is filed.

(3)

Demand for a Jury Trial.

(A)

As Affected by State Law. A party who, before removal, expressly demanded a jury trial in accordance with state law need not renew the demand after removal. If the state law did not require an express demand for a jury trial, a party need not make one after removal unless the court orders the parties to do so within a specified time. The court must so order at a party’s request and may so order on its own. A party who fails to make a demand when so ordered waives a jury trial.

(B)

Under Rule 38. If all necessary pleadings have been served at the time of removal, a party entitled to a jury trial under Rule 38 must be given one if the party serves a demand within 14 days after:

(i)

it files a notice of removal; or

(ii)

it is served with a notice of removal filed by another party.

(d)

Law Applicable.

(1)

“State Law” Defined. When these rules refer to state law, the term “law” includes the state’s statutes and the state’s judicial decisions.

(2)

“State” Defined. The term “state” includes, where appropriate, the District of Columbia and any United States commonwealth or territory.

(3)

“Federal Statute” Defined in the District of Columbia. In the United States District Court for the District of Columbia, the term “federal statute” includes any Act of Congress that applies locally to the District.

(As amended Dec. 28, 1939, eff. Apr. 3, 1941; Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 30, 1951, eff. Aug. 1, 1951; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)