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Finding References to Federal Rules in Case Law

Document id, legal search, was this helpful.

The information in this article applies to the following LexisNexis® products and services: Lexis+ ® , Lexis ® The following searches illustrate common methods of finding references to federal rules, such as the Federal Rules of Civil Procedure or Federal Rules of Evidence.

The service uses citation recognition technology. When you enter a citation, the service finds all variants of how that document is cited. For example,  frcp 26 in the search finds FRCP 26 , Fed. R. Civ. Proc. 26(a) , Rule 26 , and Federal Rules of Civil Procedure 26 in the results.

The citation recognition technology does not recognize subparts or subsections of statutes, rules, or regulations. You must include all variations of how a document may be cited when creating your search. For example, to find references to Fed. Rules Civ. Proc. R 26(a) , the following search includes all variations of how the rule may be cited: frcp or f.r.c.p. or fed.r.civ! or frcvp or f.r.civ! or (civ! w/3 r or rul!) w/10 26 w/3 a.  An alternative way to run this search is as follows:  frcp or f.r.c.p. or fed.r.civ! or frcvp or f.r.civ! or (civ! w/3 r or rul!) w/10  "26 a" .  

Run the following search to find references to Federal Rule of Civil Procedure 56 in the United States District Court for the Southern District of New York:

Run the following search to find references to Federal Rule of Criminal Procedure 12 in the United States District Court for the Northern District of Illinois:

Run the following search to find references to Federal Rules of Evidence 803 in the United States District Court for the Central District of California:

Run the following search to find references to Federal Rule of Appellate Procedure 4 in the in the 4th Circuit Court of Appeals:

Citing and Accessing U.S. Law

The bluebook’s treatment of court rules.

From its first appearance in 2000, the ALWD manual (now “guide”) has furnished both a format for and examples of citations to state court rules.  Through successive editions, such little coverage as The Bluebook has given citation of court rules, however, has focused on the rules governing proceedings in federal courts.  Up through the twentieth edition, published five years ago, there was, at least, a nod toward the existence of state rules in the form of one example “Del. Ct. C.P.R. 8(f).”  Over time, that illustration became a curious, even an embarrassing, one, since for over a decade it bore no obvious connection to an existing Delaware court rule.  Nonetheless, “Del. Ct. C.P.R.” sat, undisturbed, between “1st Cir. R. 6(a)” and “Fed. R. Evid. 410” through multiple Bluebook editions since at least the fourteenth (1986).  (How much cite checking of examples goes into the updating of The Bluebook ?)  The twenty-first edition, published this year, could have fixed the Delaware example.  (Citations to “Del. Super. Ct. C.P.R.” and “Del. Fam. Ct. C.P.R.” appear in contemporary decisions of that state’s courts.)  It could have replaced the Delaware example with one from a state like Texas where the court rules and their citation map closely onto the federal model ( e.g. , “Tex. R. Civ. P.”).  Instead, it provides no state example.  The only guidance offered in its pages, white or blue, is the advice, preceding the Rule 12.9.3 list of examples, to “[u]se abbreviations such as the following or abbreviations suggested by the rules themselves.”

The Bluebook ’s Table 1, a catalog of “abbreviations and citation conventions” for the primary legal materials of all fifty states, fails to cure the omission.  State court rules are not among its categories.

If The Bluebook didn’t purport to provide “guidance for the everyday citation needs of … summer associates, law clerks, practicing lawyers, and other legal professionals” (to quote from its introduction) this lacuna might be excusable.  Little academic writing in the four law journals responsible for The Bluebook ’s production concerns state law, let alone the rules of state courts.  Federal rules of judicial procedure and evidence do receive some discussion and therefore citation in their pages, but almost never a civil procedure rule of, say, Missouri or Texas.  As The Bluebook acknowledges in the preface to Table 1, “[t]he abbreviations and citation conventions … [it contains] are primarily intended to serve a national audience.” 

State style manuals (California, New York) do address the citation of their own state’s court rules.  For them it is an inescapable topic.  Citations to a state’s rules governing civil or criminal trial proceedings, evidence, and appeals are critical elements of in-state memorandum, brief, order, and opinion writing.  The Bluebook devotes five times the space to “Model Codes, Principles, Restatements, Standards, Sentencing Guidelines, and Uniform Acts” that it does “Rules of Evidence and Procedure.”  The ratio reasonably reflects the importance of the respective sources to elite law journals.  By contrast, in court opinions and briefs there are, perhaps, a hundred court rule citations to one of a restatement.

The difficult truth is that there is no nationally observed template for state court rule citations.  Rarely are they cited outside the jurisdiction to which they apply.  An Ohio court rule citation must be intelligible to an Ohio attorney or judge.  It need not be written with a Kentucky lawyer or judge in mind (and vice versa).  An Ohio judge will understand that a citation to “Crim.R. 32(C)” invokes Rule 32(C) of the Ohio Rules of Criminal Procedure.  “CR 23.01” directs a Kentucky judge or lawyer straight to Rule 23.01 of that state’s rules of civil procedure.  In both instances the jurisdiction is implied, not named.  More commonly state rule citations do include an abbreviation of the state name.  States adhering to this practice include California ( e.g. , “Cal. Rules of Court, rule 4.421(a)(1)”), Illinois ( e.g. , “Ill. Sup. Ct. R. 341”), New York ( e.g. , “22 NYCRR § 806.13”), and Texas ( e.g. , “TEX. R. CIV. P. 322”).  As those examples illustrate, even among jurisdictions where rule citations include explicit reference to the state, formats vary.  Some conform to the pattern employed for federal rule citations and adapted by the ALWD guide to state rules.  Some do not.

What advice should a citation reference provide about this important category of primary legal material, advice that will assist “summer associates, law clerks, practicing lawyers, and other legal professionals” with their “everyday citation needs?” 

  • First, when citing a rule governing federal court proceedings, a citation in the standard format exemplified by “Fed. R. Crim. P. 16” should be appropriate across the country.
  • Second, when citing a rule governing state court proceedings within that state the best guide to acceptable format will be recent decisions of that state’s highest court.
  • Third, the online research systems’ copy-with-citation functions are of no help on this point.  None of them picks up on local norms for citing court rules.

Tags: ALWD , Bluebook , court rules

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Federal Statutory Codes

The official code for federal statutes is the United States Code (U.S.C.) .  A new print edition is published every six years and updated annually between editions with a cumulative supplement.  If you are citing a federal statute currently in force,  The Bluebook dictates that you cite to the United States Code if it contains the current version of a statute (Rule 12.3).

There are also two unofficial codes for federal statutes: United States Code Annotated (U.S.C.A.)  and United States Code Service (U.S.C.S.) .  These are both updated in print multiple times a year.  Because Congress enacts news laws and amends and repeals existing laws frequently, you will often need to cite to one of these unofficial codes because the current version of a statute does not appear in the United States Code yet.

Students at the Georgetown University Law Center can find print copies of the current United States Code , United States Code Annotated , and United States Code Service , in the Williams Law Library Reading Room .

United States Code

A citation to a statute in the United States Code  generally contains the following four elements:

  • Title number
  • U.S.C. (the abbreviation for United States Code in Table 1)
  • Section number preceded by the section symbol (§) and a space
  • Year of the code* 

Here is an example:

17 U.S.C. § 107 (2012)

*It is important to note that the date in a citation to the United States Code is the year of the code edition cited as it appears on the spine of the print volume or the title page.  It is not the year a statute was enacted or last amended.

Adding the Name of the Statute

In addition to this  basic citation,  you  may need to  include the name of the statute in some limited instances . According to   The Bluebook , you may add the name of a statute as it  appears  in the session law if (1) you are citing to an entire act as codified in the  United States Code ,  ( 2) if the statute is commonly cited that way, or (3) if the information aids in identification of the material cited (Rule 12, p. 120, and Rule 12.3.1(a)). If you are citing to a specific provision, you may also need to include the original section number from the session law. 

For example, the statute above (17 U.S.C. § 107) was originally enacted as part of the Copyright Act of 1976, Pub. L. No. 94-533, 90 Stat. 2541, which is currently codified in Title 17 of the United States Code . This specific provision (§ 107) was Section 101 of the Copyright Act of 1976.  Therefore, if you needed to cite the entire Copyright Act of 1976 as currently codified in the United States Code  or if it is necessary to include the name and original section number of Section 107 in a particular citation, the citations would be as follows:

Copyright Act of 1976, 17 U.S.C. §§ 101-1332 (2012)  

Copyright Act of 1976 § 101,  17 U.S.C. § 107 (2012)

This same rule applies if you are citing a federal statute in an unofficial code (see below) and for state statutes . 

In most instances, you do not need to include the name of the statute.  However, if you cannot figure out whether you need to include the name of a statute in a citation or if you do not know how to find the name, ask your professor or visit the Reference Desk .

Unofficial Codes (U.S.C.A. & U.S.C.S.)

A citation to a federal statute in one of the unofficial codes is essentially the same as a citation to the United States Code with the addition of the publisher (Rule 12.3.1(d)) and Table 1) :

  • U.S.C.A. or U.S.C.S. (abbreviation for the United States Code Annotated and United States Code Service in Table 1)
  • Name of publisher 

As you can see in Table 1, the United States Code Annotated is published by West and the United States Code Service is published by LexisNexis, so citations to statutes in each of these unofficial codes are as follows:

17 U.S.C.A. § 107 (West 2015)

17 U.S.C.S. § 107 (LexisNexis 2016)

*Again, the date in the citation is not the year a statute was enacted or last amended. For the United States Code Annotated and the United States Code Service , it is the date on the copyright page or the date on the title page, respectively, of the specific volume containing the statute.

Supplements and Pocket Parts

As mentioned previously, the current edition of the  United States Code  is updated in print with an annual supplement. The United States Code Annotated and United States Code Service are also updated in print with supplements or pocket parts (small pamphlets inserted in the back of a volume). 

If a particular statute has been amended (or a new statute is enacted) and the changes appear in a supplement or pocket part, you will need to indicate this in the citation  (Rule 12.3.1(e)) .  For example, if the statute above had been amended since the 2012 edition of the United States Code was published (which it has not) and the amendment appeared in the first annual supplement (Supplement I), you would cite it one of two ways. If the statute is completely amended such that the current version appears only in the supplement, the citation is formatted as follows:

17 U.S.C. § 107 (Supp. I 2014)

If the section is only partially updated (i.e., parts of the current version appear in both the main volume and the supplement), the citation is formatted as follows:

17 U.S.C. § 107 (2012 & Supp. I 2014)

The date of the supplement or pocket part can be found on the spine of the volume or front page.

For more information on statutory code supplements and updating statutory research, watch  U pdating and Currency  in our Statutory Research Tutorial.

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Bluebook Basics

  • Introduction to Bluebooking
  • Secondary Sources

Federal Statute Examples

Citation of an entire federal statute as codified, citation of an individual provision of the u.s. code, state statute example.

          

Citing Virginia Statutes

Rule B12.1.2 (page 19) & Rule 12 (page 120) & Table T1 for Virginia on p. 291

Table 1: cite to Va. Code Ann. (published by LexisNexis)

  • Va. Code Ann. § 13.1-697 (2011).

Use table T1 to find rules of other US jurisdictions. For example, to cite a North Carolina statute, find North Carolina in Table T1 and follow the requirements.

For additional examples, see the Basic Bluebooking--Statutes in Legal Documents tipsheet , provided courtesy of the Law Library at the Pace Law School.

Citing Federal Statutes

Rule B12 (page 19) & Rule 12 (page 120) & Table T1 (Federal Judicial and Legislative Materials) (page 227)

  • 18 U.S.C. § 231 (2006).
  • 18 U.S.C.A. § 231 (West 2009).
  • 18 U.S.C.S. § 231 (LexisNexis 2009).

For additional examples, see the Basic Bluebooking--Statutes in Legal Documents tipsheet , provided courtesy of the Law Library at the Pace Law School.

Citing Constitutions

Rule B11 (page 18) & Rule 11 (page 119) & Table T16 (Subdivisions) (page 328)

Consult table T16 for abbreviations of document subdivisions. Current constitutional provisions are cited without a date. 

Federal Constitution

  • U.S. Const. art. I, § 9, cl. 2.
  • U.S. Const. amend. XIV, § 2.
  • U.S. Const. pmbl.

State Constitution

  • La. Const. art. X, pt. IV.
  • N.M. Const. art. IV, § 7.
  • Va. Const. art. I, § 10.

For additional examples, see the  Basic Bluebooking--Statutes in Legal Documents tipsheet , provided courtesy of the Law Library at the Pace Law School .

Rules of Evidence and Procedure

Rule 12.9.3 on p. 130

Consult Rule 12.9.3 for citation of rules of evidence and procedure.  Follow Rule 12.9.3 in abbreviating such rules, and cite current rules without a date:

  • Fed. R. Civ. P. 11.
  • 1st Cir. R. 6(a).
  •   Va . R . Evid. 2:403.

What Date Do I Cite for a Statute?

Bluebook rule 12.3.2 (page 125) does not require a date when citing to either official or unofficial FEDERAL CODE.

When citing to a STATE CODE, or requires year of print edition, in the following order of preference:

  • Date on spine, or
  • Year that appears on the title page, or
  • Latest copyright year

      * This date usually DIFFERS from the one on Westlaw, Lexis, and BLaw

Short Form Citation for Statutes and Constitutions

Rules B12.2 (page 21) & 12.10 (page 133)  address short form citation of statutes (federal and state).  Look at the examples  listed in the Bluebook.

Rule 4  (page 79) addresses the use of  id . and  supra .

N.B.: Do not use a short citation form other than  id . for constitutions.  

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Legal Abbreviations and Citations Guide

  • Case Citations and Abbreviations

Citations and Abbreviations for Statutes and Regulations

  • Abbreviations for Commonly Cited Secondary Sources

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The best place to look up a statute or regulation is usually in a code. Codes are organized by subject and are updated on a fairly regular basis. Each code has its own organizational structure, which determines how you cite a particular code provision.

Federal statutory and regulatory codes are divided into titles. Each code title is numbered and covers a broad area of law (e.g., title 11 of the federal statutory code covers bankruptcy law). Titles are further divided into code sections, which are also numbered. Both the title number and section number are included in a federal code citation (along with the abbreviation for the particular version of the code being cited to). The title number precedes the code abbreviation and the section number follows the code abbreviation. The § symbol is always placed before the actual section number.

  • 29 U.S.C. § 1001 is a citation to section 1001 of title 29 of the official version of the federal statutory code (called the United States Code )
  • 42 C.F.R. § 59.1 refers to section 59.1 of title 42 of the official version of the federal regulatory code (called the Code of Federal Regulations )

California regulatory code sections are cited in the same way as federal code citations. California statutory code sections are cited a little differently because the California statutory code is a compilation of individual named codes. Therefore, California statutory code citations merely include an abbreviation for the specific code followed by the number of the section being cited.

  • Cal. Civ. Code § 4100 is a citation to section 4100 of the California Civil Code
  • 14 C.C.R. § 1241 (or  14 Cal. Code. Regs. § 1241 ) refers to section 1241 of title 14 of the California Code of Regulations

Below are standard abbreviations for the major federal and California statutory and regulatory sources. For additional information on these sources, consult the USC Law Library guides Finding Federal Primary Law and Finding California Primary Law . Information on citing to statutory and regulatory materials can also be found in the citation manuals listed within this guide.

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Bluebook Legal Citation System Guide

Getting started, six steps to creating a citation, bluebook navigation, bluebook troubleshooting, beyond the bluebook, citing & bluebooking faqs, getting help, what is the bluebook.

The Bluebook is a guide to a system of legal citation frequently used by law schools and law journals. This guide will introduce you to how to use the Bluebook. 

Cover Art

Print copies of the Bluebook are available in the Library in Reference and on Reserve at circulation. Copies can also be purchased in print or online at https://www.legalbluebook.com/ .

References to page numbers in this guide are from the 21st edition.

Before You Start

  • There are other citation formats.
  • Pick the correct one for your project.
  • There are gaps in the Bluebook, particularly for non-traditional and non-U.S. sources.
  • Use the closest analogous rule.
  • Make sure that you are citing the same source or types of sources in the same way. 
  • Keep in mind that the main goal for all citation systems is to make it easy for your reader to find the source you are citing. 

Six Steps to Your Citation

To create a Bluebook citation follow this six step process:

1. Identify the Type of Source

What  type of source do you want to cite?

  • The Bluebook rules are organized by source type
  • Common types include cases, statutes, books and book chapters,  journal articles, web pages, etc.

2. Find the Bluebook Rule

Go to the  Bluebook rule  for that source type. 

  • Check the Quick Guides on the inside cover to identify major source types
  • Use the index to find rules for other types of sources not included in the Quick Guides
  • If you found a traditionally printed source online, review both the rules for the print source and the rules for online sources
  • The print and online rules are often used together

3. Read the Rule & Examples

  • Read the rule carefully
  • Study any examples provided closely
  • Examples are provided inside the front cover, at the beginning of each rule, and within the text of the rules
  • Note which components are required to create a citation for a specific type of source

4. Gather the Citation Components

  • Gather the required components of the citation from your source

5. Draft a Citation

  • Draft a citation that looks like the most relevant example
  • Do your best, but don't worry if your first draft isn't perfect

6. Edit the Citation

  • Edit your draft citation using the Bluebook's style rules and tables
  • Note typeface and punctuation conventions for different types of sources
  • Note the rules for abbreviations and use the tables to abbreviate your citation

The Six-Step Process in Action

To see an example of how this process works with an article from the NY Times website, check out the powerpoint below.

  • PowerPoint Slides: Six-Step Citation Creation Process

Organization & Blue and White Pages

The Bluebook is organized into sections:

  • Style Rules
  • Primary Law
  • Secondary Law
  • Internet & Electronic Sources
  • Foreign & International Materials
  • Tables: Jurisdictions & Abbreviations

Use the Bluepages   when drafting citations that will appear in documents like legal memoranda and court filings. 

Use the Whitepages  when drafting citations that will appear in legal academic publications.

Quick Guides

The Quick Reference inside front and back covers of the print include rule cross references and sample citations for common citation types:

  • Inside Front: Quick Reference: Citations in Law Review Footnotes
  • Inside Back: Quick Reference: Citations in Court Documents & Legal Memoranda

There is also a Quick Style Guide online for common citation types used in law reviews:

  • Online: Quick Style Guide for Citations in Law Review Footnotes

Finding Aids

Consult the following to find the appropriate rule or table for your citation

  • Back cover compact table of contents
  • Full table of contents (pp. IX-XVI)
  • Index (pp. 329-365)

Solving Citation Problems

The Bluebook isn't always clear.  Try the following if you're having difficulty with a citation:

  • Make sure you have the correct rule for your type of resource
  • If your type of resource isn't specifically included, find the one that is most similar
  • If you are citing material for a country that isn't in the Bluebook, find a country with a similar legal system to base your citation on
  • Search recent articles in law reviews on Hein, Westlaw and Lexis. Has anyone else cited this material?
  • Check the resources linked in Beyond the Bluebook 
  • Be consistent with the citation format you pick
  • Make sure to include enough information for a reader to follow in your footsteps.

Library Help

We are not Bluebook experts, but we're happy to help guide you through the Bluebooking process.

  • Provide access to Library copies of the Bluebook
  • Assist you as you navigate Bluebook rules
  • Help you locate supplemental citation guides and self-help materials

We cannot check footnotes for you, proofread your paper or provide authoritative Bluebook interpretations. 

Bluebook Orders, Comments & Corrections

  • The Harvard Law School Library is not affiliated directly with  The Bluebook or the Harvard Law Review Association
  • The Bluebook is compiled by the editors of the Columbia Law Review , the Harvard Law Review, the University of Pennsylvania Law Review , and the Yale Law Journal  and is published and distributed by the Harvard Law Review Association

Please contact the editors of The Bluebook directly ( https://www.legalbluebook.com/ ) with orders, questions, comments or corrections. 

Additional Bluebook Help

Cover Art

  • Bluebook Guide (Georgetown Law Library)
  • Foreign Law by Jurisdiction: Citation (NYU Law) List of citation guides and abbreviation dictionaries for foreign and international law sources.
  • Cornell LII: Introduction to Basic Legal Citation

Over It? Here Are Some Other Options...

  • ALWD Guide to Legal Citation The ALWD (Association of Legal Writing Directors) Guide to Legal Citation explains legal citation formats for all types of legal documents in a clear, pedagogically sound manner. The Guide’s plain language, numerous examples, and clear, integrated structure to explaining the legal system of citation for legal materials is easy for students, professors, practitioners, and judges to understand and use.
  • The Indigo Book The Indigo Book is a free, Creative Commons-dedicated implementation of The Bluebook’s Uniform System of Citation. The Indigo Book was compiled by a team of students at the New York University School of Law, working under the direction of Professor Christopher Jon Sprigman.
  • OSCOLA: Oxford University Standard for Citation of Legal Authorities The Oxford University Standard for Citation of Legal Authorities is designed to facilitate accurate citation of authorities, legislation, and other legal materials. It is widely used in law schools and by journal and book publishers in the UK and beyond.

All Citation/Bluebook FAQs

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Legal Citation

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Rule 38. Right to a Jury Trial; Demand

Primary tabs.

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate.

(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:

(1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and

(2) filing the demand in accordance with Rule 5(d) .

(c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may—within 14 days after being served with the demand or within a shorter time ordered by the court—serve a demand for a jury trial on any other or all factual issues triable by jury.

(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.

(e) Admiralty and Maritime Claims. These rules do not create a right to a jury trial on issues in a claim that is an admiralty or maritime claim under Rule 9(h) .

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)

Notes of Advisory Committee on Rules—1937

This rule provides for the preservation of the constitutional right of trial by jury as directed in the enabling act (act of June 19, 1934, 48 Stat. 1064, U.S.C., Title 28, §723c [see 2072]), and it and the next rule make definite provision for claim and waiver of jury trial, following the method used in many American states and in England and the British Dominions. Thus the claim must be made at once on initial pleading or appearance under Ill.Rev.Stat. (1937) ch. 110, §188; 6 Tenn.Code Ann. (Williams, 1934) §8734; compare Wyo.Rev.Stat.Ann. (1931) §89–1320 (with answer or reply); within 10 days after the pleadings are completed or the case is at issue under 2 Conn.Gen.Stat. (1930) §5624; Hawaii Rev.Laws (1935) §4101; 2 Mass.Gen.Laws (Ter.Ed. 1932) ch. 231, §60; 3 Mich.Comp.Laws (1929) §14263; Mich.Court Rules Ann. (Searl, 1933) Rule 33 (15 days); England (until 1933) O. 36, r.r. 2 and 6; and Ontario Jud.Act (1927) §57(1) (4 days, or, where prior notice of trial, 2 days from such notice); or at a definite time varying under different codes, from 10 days before notice of trial to 10 days after notice, or, as in many, when the case is called for assignment, Ariz.Rev.Code Ann. (Struckmeyer, 1928) §3802; Calif.Code Civ.Proc. (Deering, 1937) §631, par. 4; Iowa Code (1935) §10724; 4 Nev.Comp.Laws (Hillyer, 1929) §8782; N.M.Stat.Ann. (Courtright, 1929) §105–814; N.Y.C.P.A. (1937) §426, subdivision 5 (applying to New York, Bronx, Richmond, Kings, and Queens Counties); R.I.Pub.Laws (1929), ch. 1327, amending R.I.Gen.Laws (1923) ch. 337, §6; Utah Rev.Stat.Ann. (1933) §104–23–6; 2 Wash.Rev.Stat.Ann. (Remington, 1932) §316; England (4 days after notice of trial), Administration of Justice Act (1933) §6 and amended rule under the Judicature Act (The Annual Practice, 1937), O. 36, r. 1; Australia High Court Procedure Act (1921) §12, Rules, O. 33, r. 2; Alberta Rules of Ct. (1914) 172, 183, 184; British Columbia Sup.Ct.Rules (1925) O. 36, r.r. 2, 6, 11, and 16; New Brunswick Jud. Act (1927) O. 36, r.r. 2 and 5. See James, Trial by Jury and the New Federal Rules of Procedure (1936), 45 Yale L.J. 1022.

Rule 81(c) provides for claim for jury trial in removed actions.

The right to trial by jury as declared in U.S.C., Title 28, §770 [now 1873] (Trial of issues of fact; by jury; exceptions), and similar statutes, is unaffected by this rule. This rule modifies U.S.C., Title 28, [former] §773 (Trial of issues of fact; by court).

Notes of Advisory Committee on Rules—1966 Amendment

See Note to Rule 9(h), supra.

Notes of Advisory Committee on Rules—1987 Amendment

The amendments are technical. No substantive change is intended.

Notes of Advisory Committee on Rules—1993 Amendment

Language requiring the filing of a jury demand as provided in subdivision (d) is added to subdivision (b) to eliminate an apparent ambiguity between the two subdivisions. For proper scheduling of cases, it is important that jury demands not only be served on other parties, but also be filed with the court.

Committee Notes on Rules—2007 Amendment

The language of Rule 38 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

Committee Notes on Rules—2009 Amendment

The times set in the former rule at 10 days have been revised to 14 days. See the Note to Rule 6.

COMMENTS

  1. Basic Legal Citation

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  2. Citation Formats for Federal Rules

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  3. PDF School of Government Legal Citation and Style Guide

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    Rule 4.1. Serving Other Process Rule 5. Serving and Filing Pleadings and Other Papers Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention Rule 5.2. Privacy Protection For Filings Made with the Court Rule 6. Computing and Extending Time; Time for Motion Papers TITLE III. PLEADINGS AND MOTIONS Rule 7.

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    (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5 (c) because there are numerous defendants;

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  12. PDF FEDERAL RULES

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  15. Citations and Abbreviations for Statutes and Regulations

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  19. Rule 32.1 Citing Judicial Dispositions

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  21. Rule 4. Summons

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  23. Rule 14. Third-Party Practice

    Rule 14. Third-Party Practice (a) When a Defending Party May Bring in a Third Party. (1) Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.

  24. Rule 38. Right to a Jury Trial; Demand

    (a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate. (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by: