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_________________ U.S. District Judge (As added Apr. 22, 1993, eff. Dec. 1, 1993.) Form 35. Report of Parties' Planning Meeting [Caption and Names of Parties] 1. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on ___(date)___ at ___(place)___ and was attended by: _____(name)_____ for plaintiff(s) _____(name)_____ for defendant(s) _____(party name)_____ _____(name)_____ for defendant(s) _____(party name)_____ 2. Pre-Discovery Disclosures. The parties [have exchanged] [will exchange by ___(date)___] the information required by [Fed. R. Civ. P. 26(a)(1)] [local rule __]. 3. Discovery Plan. The parties jointly propose to the court the following discovery plan: [Use separate paragraphs or subparagraphs as necessary if parties disagree.] Discovery will be needed on the following subjects: ___(brief description of subjects on which discovery will be needed)___ All discovery commenced in time to be completed by ___(date)___. [Discovery on ___(issue for early discovery)___ to be completed by ___(date)___.] Maximum of __ interrogatories by each party to any other party. [Responses due __ days after service.] Maximum of __ requests for admission by each party to any other party. [Responses due __ days after service.] Maximum of ___ depositions by plaintiff(s) and __ by defendant(s). Each deposition [other than of ______] limited to maximum of __ hours unless extended by agreement of parties. Reports from retained experts under Rule 26(a)(2) due: from plaintiff(s) by __(date)__ from defendant(s) by __(date)__ Supplementations under Rule 26(e) due ___(time(s) or interval(s))___. 4. Other Items. [Use separate paragraphs or subparagraphs as necessary if parties disagree.] The parties [request] [do not request] a conference with the court before entry of the scheduling order. The parties request a pretrial conference in ___(month and year)___. Plaintiff(s) should be allowed until ___(date)___ to join additional parties and until ___(date)___ to amend the pleadings. Defendant(s) should be allowed until ___(date)___ to join additional parties and until ___(date)___ to amend the pleadings. All potentially dispositive motions should be filed by ___(date)___. Settlement [is likely] [is unlikely] [cannot be evaluated prior to ___(date)___] [may be enhanced by use of the following alternative dispute resolution procedure: [____________]. Final lists of witnesses and exhibits under Rule 26(a)(3) should be due from plaintiff(s) by __(date)__ from defendant(s) by __(date)__ Parties should have __ days after service of final lists of witnesses and exhibits to list objections under Rule 26(a)(3). The case should be ready for trial by ___(date)___ [and at this time is expected to take approximately ___(length of time)___]. [Other matters.] Date: ________ (As added Apr. 22, 1993, eff. Dec. 1, 1993.) NOTES OF ADVISORY COMMITTEE ON RULES--1993 AMENDMENT TITLE 28--APPENDIX FEDERAL RULES OF CIVIL PROCEDURE I. SCOPE OF RULES--ONE FORM OF ACTION Rule 1. Scope and Purpose of Rules These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases at law or in equity or in admiralty, with the exceptions stated in Rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action. (As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Apr. 22, 1993, eff. Dec. 1, 1993.) NOTES OF ADVISORY COMMITTEE ON RULES--1937 1. Rule 81 states certain limitations in the application of these rules to enumerated special proceedings. 2. The expression "district courts of the United States" appearing in the statute authorizing the Supreme Court of the United States to promulgate rules of civil procedure does not include the district courts held in the Territories and insular possessions. See Mookini et al. v. United States, 303 U.S. 201, 58 S.Ct. 543, 82 L.Ed. 748 (1938). 3. These rules are drawn under the authority of the act of June 19, 1934, U.S.C., Title 28, § 723b [see 2072] (Rules in actions at law; Supreme Court authorized to make), and § 723c [see 2072] (Union of equity and action at law rules; power of Supreme Court) and also other grants of rule making power to the Court. See Clark and Moore, A New Federal Civil Procedure_I. The Background, 44 Yale L.J. 387, 391 (1935). Under § 723b after the rules have taken effect all laws in conflict therewith are of no further force or effect. In accordance with § 723c the Court has united the general rules prescribed for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both. See Rule 2 (One Form of Action). For the former practice in equity and at law see U.S.C., Title 28, § 723 and 730 [see 2071 et seq.] (conferring power on the Supreme Court to make rules of practice in equity) and the [former] Equity Rules promulgated thereunder; U.S.C., Title 28, [former] § 724 (Conformity act): [former] Equity Rule 22 (Action at Law Erroneously Begun as Suit in Equity--Transfer); [former] Equity Rule 23 (Matters Ordinarily Determinable at Law When Arising in Suit in Equity to be Disposed of Therein); U.S.C., Title 28, [former] § 397 (Amendments to pleadings when case brought to wrong side of court), and 398 (Equitable defenses and equitable relief in actions at law). 4. With the second sentence compare U.S.C., Title 28, [former] § 777 (Defects of form; amendments), 767 (Amendment of process); [former] Equity Rule 19 (Amendments Generally). NOTES OF ADVISORY COMMITTEE ON RULES--1948 AMENDMENT The change in nomenclature conforms to the official designation of district courts in Title 28, U.S.C., § 132(a). NOTES OF ADVISORY COMMITTEE ON RULES--1966 AMENDMENT This is the fundamental change necessary to effect unification of the civil and admiralty procedure. Just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty. See also Rule 81. NOTES OF ADVISORY COMMITTEE ON RULES--1993 AMENDMENT The purpose of this revision, adding the words "and administered" to the second sentence, is to recognize the affirmative duty of the court to exercise the authority conferred by these rules to ensure that civil litigation is resolved not only fairly, but also without undue cost or delay. As officers of the court, attorneys share this responsibility with the judge to whom the case is assigned. Rule 2. One Form of Action There shall be one form of action to be known as "civil action." NOTES OF ADVISORY COMMITTEE ON RULES--1937 1. This rule modifies U.S.C., Title 28, [former] § 384 (Suits in equity, when not sustainable). U.S.C., Title 28, § 723 and 730 [see 2071 et seq.] (conferring power on the Supreme Court to make rules of practice in equity), are unaffected insofar as they relate to the rule making power in admiralty. These sections, together with § 723b [see 2072] (Rules in actions at law; Supreme Court authorized to make) are continued insofar as they are not inconsistent with § 723c [see 2072] (Union of equity and action at law rules; power of Supreme Court). See Note 3 to Rule 1. U.S.C., Title 28, [former] § 724 (Conformity act), 397 (Amendments to pleadings when case brought to wrong side of court) and 398 (Equitable defenses and equitable relief in actions at law) are superseded. 2. Reference to actions at law or suits in equity in all statutes should now be treated as referring to the civil action prescribed in these rules. 3. This rule follows in substance the usual introductory statements to code practices which provide for a single action and mode of procedure, with abolition of forms of action and procedural distinctions. Representative statutes are N.Y. Code 1848 (Laws 1848, ch. 379) § 62; N.Y.C.P.A. (1937) § 8; Calif.Code Civ.Proc. (Deering, 1937) § 307; 2 Minn.Stat. (Mason, 1927) § 9164; 2 Wash.Rev.Stat.Ann. (Remington, 1932) § 153, 255. TITLE 28--APPENDIX FEDERAL RULES OF CIVIL PROCEDURE II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS Rule 3. Commencement of Action A civil action is commenced by filing a complaint with the court. NOTES OF ADVISORY COMMITTEE ON RULES--1937 1. Rule 5(e) defines what constitutes filing with the court. 2. This rule governs the commencement of all actions, including those brought by or against the United States or an officer or agency thereof, regardless of whether service is to be made personally pursuant to Rule 4(d), or otherwise pursuant to Rule 4(e). 3. With this rule compare [former] Equity Rule 12 (Issue of Subpoena--Time for Answer) and the following statutes (and other similar statutes) which provide a similar method for commencing an action: U.S.C., Title 28: § 45 [former] (District courts; practice and procedure in certain cases under interstate commerce laws). § 762 [see 1402] (Petition in suit against United States). § 766 [see 2409] (Partition suits where United States is tenant in common or joint tenant). 4. This rule provides that the first step in an action is the filing of the complaint. Under Rule 4(a) this is to be followed forthwith by issuance of a summons and its delivery to an officer for service. Other rules providing for dismissal for failure to prosecute suggest a method available to attack unreasonable delay in prosecuting an action after it has been commenced. When a Federal or State statute of limitations is pleaded as a defense, a question may arise under this rule whether the mere filing of the complaint stops the running of the statute, or whether any further step is required, such as, service of the summons and complaint or their delivery to the marshal for service. The answer to this question may depend on whether it is competent for the Supreme Court, exercising the power to make rules of procedure without affecting substantive rights, to vary the operation of statutes of limitations. The requirement of Rule 4(a) that the clerk shall forthwith issue the summons and deliver it to the marshal for service will reduce the chances of such a question arising. Rule 4. Summons (a) Form. The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff. It shall also state the time within which the defendant must appear and defend, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. The court may allow a summons to be amended.

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