Rule 44 – Proving an Official Record

(a) MEANS OF PROVING.(1)Domestic Record. Each of the following evidences an official record-or an entry in it-that is otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory subject to the administrative or...

Rule 43 – Taking Testimony

(a) IN OPEN COURT. At trial, the witnesses’ testimony must be taken in open court unless a federal statute, the Federal Rules of Evidence, these rules, or other rules adopted by the Supreme Court provide otherwise. For good cause in compelling circumstances and...

Rule 42 – Consolidation; Separate Trials

(a) CONSOLIDATION. If actions before the court involve a common question of law or fact, the court may:(1) join for hearing or trial any or all matters at issue in the actions;(2) consolidate the actions; or(3) issue any other orders to avoid unnecessary cost or...

Rule 41 – Dismissal of Actions

(a) VOLUNTARY DISMISSAL.(1)By the Plaintiff.(A)Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:(i) a notice of dismissal before the opposing...

Rule 40 – Scheduling Cases for Trial

Each court must provide by rule for scheduling trials. The court must give priority to actions entitled to priority by a federal statute.28 APPENDIX U.S.C. ยง 40As amended Apr. 30, 2007, eff. Dec. 1, 2007.NOTES OF ADVISORY COMMITTEE ON RULES-1937 U.S.C., Title 28,...

Rule 39 – Trial by Jury or by the Court

(a) WHEN A DEMAND IS MADE. When a jury trial has been demanded under Rule 38, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless:(1) the parties or their attorneys file a stipulation to a nonjury...