Service w/ Complaint; by whom made:

Summons served w/ copy of complaint; P erspons for service of summ+cmplt w/in time allowed under (m) & shall furnish person effecting service w/ necessary copies of summ+cmplt

Waiver of Service:

A defendant who waives service of a summons does not therefore waive any objection to the venue or to the jurisdiction of the ct over the person of the D. 

Waiver of Service:

Waiver of Service:

A D that timely returns a waiver is not req'd to serve answer to cmplt until 60 days after date on which req set or 90 days after date if D was addressed outside any judicial district of US.

Waiver of Service:

When P files waiver of service w/ ct, action proceeds (cf. (3)) as if a summ+cmplt had been served at time of filing the waiver & no proof of service req'd. 

Service upon Corporations and Associations:

Service upon domestic/foreign corp'n or partnership shall be effected 

1) in a judicial district of the US in manner for ind'ls (cf. (e)(1)) or by delivering a copy of the summ+cmplt to an officer, a mnging or gen'l agent, or to any other agent auth by appt or law to rcv serc of process..., or

2)in a place not w'in any judicial district of the US in any manner prescr. for ind'ls by (f) except pers'l deliv (cf. (2)(C)(i))

Time Limit for Service:

If service of summ+cmplt is not made upon D w/in 120 days after filing of cmplt, ct, upon motion or on its own initiative after notice to the P, shall dismiss the action w/o prejudice as to D or direct that serv be effected w/in specified time, provided that if P shows good cuase for failure, ct shall extend time for serv for an appropr. period. 

Seizure of Property:

1) If a US statute provides, ct may assert jurisdiction over property. Notice to claimants of the property shall then be sent in the manner provided by the statute or by service of summ under this rule.

2)  Upon showing that personal juris over a D cannot be obtained w/ reas. efforts by service of summ, ct may assert jurisover any of D's assets found w/in district by seizing assets under curcum's & in manner prov by law of state in which district ct is located.

General Rules of Pleading:

 
Claims for relief: pleading which sets forth claim for relief contains (1) a short & plain stmt of grounds upon which ct's juris depends,

(2) a short and plain stmt of the claim showing tha thte pleader is entitled to relief, &

(3) a demand for jdgmt.

Defenses & Objections - How Presented:

Every defense, in law or fact, shall be asserted in responsive pleading except the following defenses made by motion: (1) lack of jx over subj matter, (2) lack of personal jx, (3) improper venue, (4-5) insuffic of process or service of process, (6) failure to st a claim upon which relief can be granted, (7) failure to join a party under Rule 19. A motion making any of these defensese shall be made before pleading, no defense or objection is waived by being joined w/ one or more other defenses or objections...If on a motion asserting 12(b)(6), matters outside the pleading are presented to the court, the motion shall be treated as one for summary judgment under Rule 56. 

Defense and Objections - Waiver/Preservation of Certain Defenses:

(1) A defense of lack of personal jx, improper venue, insuffic of process, or insuffic of serv of process is waived (A) if omitted from a motion in the cirum described in (g) or (B) if it is neither made by motion under this rule not included in a reponsive pleading or an amendment thereof permitted by Rule 15(a); (2) A defense of failure to state a claim, join a party indispens under 19, and obj of fail to st lefal def to claim may be made in any pleading or by motion for jdgmt on pleadings, or at trial on the merits; (3) Whenever it appears by suggestion of the parties or otherwise that the ct lacks jx of the subj matter, the ct shall dismiss the action.

Amended & Supplemental Pleadings - Amendments:

A party may amend the party's pleading once as a matter of course at any time before a reponsive pleading is served or, if the pleading is one to which no responsive pleading is permitted & the action has not been placed upon the trial calendar, the party may so amend it at any time w/in 20 days after it is served. Otherwise, amend only by leave of ct or written consent fo the adverse party, & leave shall be freely given when justice so requires. 

Pretrial Conferences; Schedule; Management:

(a) pretrial conferences; objectives;

(b) scheduling and planning: district judg, or a magistrate judge when auth by district ct rule, sahll, after rcving report from parties under Rule 26(f) or after consulting w/ attnys for parties & any underrep parties by a sched conf'ce, tel, mal, or other means, enter a scheduling order that limites the time...may also include modific'ns of time for disclosure under 26(a),(e)(1) & of extent of discovery to be permitted

(c) subjects for consideration at pretrial conferences; (d) final pretrial conference; (e) prertial orders; (f) sanctions 

Parties Plaintiff & Defendant; Capacity:

(a) real party in interest: every action shall be prosecuted in the name of the real party in interest, No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reas time has been allowed after objection for ratification of commencement of the action; (b) capacity to sue or be sued;

(c) infants or incompetent persons: representative may sue or defend on behalf, guardian ad litem 

Joinder of Claims & Remedies:

(a) joinder of claims: may join as ind't or alternate claims, as many claims, legal, equitable, or maritime, as the aprty has against an opposing party;

(b) joinder of remedies; fraudulent conveyances: can join 2 claims in single action, but relief granted onlin in accordance w/ relative substantive rights of the parties.

 Joinder of Persons needed for Just Adjudication:

(a) persons to be joined if feasible: a person subj to service of process and whose joinder will not deprive the jx ct of the action shall be joined if in his absence complete relief cannot be accorded among parties or the person claims an interest relating to the subj of the action. If joined party objects to venue and joinder would render venue improper, that party shall be dismissed; (b) determ'n by ct whenever joinder not feasible: whether in equity and good conscience the action should proceed among the parties before it: (1-2) to what extent jdgmt mt be prejudicial/prejudice can be lessened/avoided, (3) whether jdgmt rendered in person's absence will be adequate, (4) whether P will have adequate remedy if action is dismissed for nonjoinder; (c) pleading reasons for nonjoinder; (d) exception of class actions 

General Provisions Gov'ning Discovery; Duty of Disclosure - Req'd Disclosures, Methods to Discover Add'l Matter:

(1) Initial disclosures: a party must, w/o awaiting a discovery request, provide to other parties: name of each ind'l likely to have discoverable info unless solely for impeachment, a copy of/description by categ'y & location of all docs, electronically stored indo, & tangiblk things that are in the possession, custody, or control of the part unless sol for imp, a computation of any categ of dmgs claimed, any insurance agrmt under which any person carrying on an insurance business may be liable to satisfy part or all of jdgmt (Ei-ix exemptions)

(2) Pretrial disclosures: party must provide to other parties and promptly file w/ the ct the following ingo, other than sol for imp: name, address, tel # of each witness, deposition testimony, & apporpriate i.d. of each doc/exhibit

Depositions before action or pending appeal - Use of a deposition:

If a deposition to perpetuate testimony is taken uner these rules or if, alhtough not so taken, it would be admissible in evidence in the courts of the state in which it is taken, it may be used in any action involving the sam esubject matter subsequently brought in a US district ct, in accordance with the provisions of 32(a). 

Stipulations regarding discovery procedure:

(1) Parties may by written stipulation provide that depositions be taken before any person, at any time or place, upon any notice, & in any manner & may be used like other depositions, & (2) modify other procedures governing or limitations placed upon discovery, except that stipulations extending the time provided in 33, 34, 36 for responses to discovery may, if would interfere w/ completion of discovery, be made only w/ approval of ct.

Depositions upon oral examination - When depositions may be taken; when leave required:

(2) A party must obtain leave of ct if the person to be examined if confined in prison or if, w/o the written stipulation of the parties, (A) a proposed deposition would result in more than 10 depositions being taken under this rule or Rule 31 by the Ps, or by the Ds, or by 3rd party Ds; (B) the person to be examined aready has been deposed in the case; or (C) a party seeks to take a deposition before the time specified in 26 (d)...

Depositions upon Written Questions

(a) Serving question; notice

(b) Officer to take resposnes and prepare record

(c) Notice of filing

Use of Depositions in Ct Proceedings

(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Fed'l Rules of Evidence; (2) The deposition of a party or of anyone who at the time of taking the dep'n was an officer, director, or mnging agent, or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a public or private corp'n, partnership or assoc'n or gov'tal agency which is a party may be used by an adverse party for any purpose. (3) The dep'n of witness, whether or not party, may be used by any party for any purpose if the ct finds (A) witness is dead;(B) witness is 100+ mi from the trial or out of the US;(C) age, illness, infirmity, or imprisonment; (D) party offering dep'n could not procude witness by subpoena; (E) except'l circumstances 

Interrogatories to Parties - Availability:

Without leave of ct or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 25 in number including all discrete subparts...Leave to serve add'l interrogatories shall be granted to the extent consistent w/ the principles of Rule 26(b)(2). 

Productions of Docs, Electr. Info, & Things & Entry upon Land for Inspection & Other Purposes - Scope:

A party can serve a request to (1) produce & permit a party to inspect, copy, test, or sample any deign. docs or electr. info (trans. if necess) by the respondent into reas usable form, or to inspect, copy, test, or sample any design. tangible things which constitute/contain matters w/in scope of 26(b) & which are in possess'n, custody, control or party upon whom request is served; or (2) to permit entry upon designated land or other property in possession/control of party for purpose of inspection, etc., w/in scope of 26(b). 

Physical & Mental Examination of Persons:

 (a) Order of Examination

(b) Report of Examiner 

Requests for Admission:

(a) Request: A party may serve upon any other party a written request for the admission...The matter is admitted unless, w/in 30 days after service of the request, or w/in time ct may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed tothe matter, signed by the party or by the party's attny.

(b) Effect: Any matter admitted under this rule is conclusively est. unless the ct permits w/drawal or amendment of the admission...Any admission made by a party under this rule is for the purpose of the pendig action only & is not an admission for any other purpose nor may it be used against the party in any other proceeding.

Failure to make disclosures or cooperate in discovery; sanctions - Motion for order compelling disclosure or discovery:

A party, upon reasonable notice to other parties and all persons affected therey, may apply for an order compelling disclosure or discovery as follows:

Appropriate ct: An aplication for an order to party shall be made tot he ct in which the action is pending. An application for an order to a person who is not a party shall be made to the ct in the dist where the disc is being taken

Jury Trial of Right:

(a) Right preserved: 7th amend.to Const'n or US statute shall be preserved.

(b) Demand: Any party may demand tr by j of any issue triable of rt by a j by (1) serving a demand in writing <10 days after service of last pleading & (2) filing demand by Rule 5(d).

(c) Same: Specif'n of Issues: In demand, party spec's issus it wishes to be tried; otherwise, deeemed to have demanded tr by j for all issues so triable. If demanded tr by j for only some issues, another other party may serve demand of any/all of issues.

(d) Waiver: Failure to file demand = waiver of trial by j. Can't w/draw demand for tr by j.

(e) Admiralty & Maritime Claims: Rules don't create a rt to tr by j of issues in an admiralty or maritime claim w/in meaning of Rule9(h).

Trial by Jury or by the Court:

(a)  By Jury: When demanded (38)

(b) By Court: Otherwise

(c) Advisory Jury & Trial by Consent: In actions not triable of rt by a j, the ct may try issue w/ an advisory jury suo sponte.

Subpoena - Service:

(1) A subpoena may be served by any person who is not a party and is not less than 18 years of age.

(2) A subpoena may be served at any place w/in the dist of ct by which it is issued, or at any paced w/o the district that is w/in 100 mi of the place of the deposition, hearing, trial, production, inspection, copying, testing, or sampling spec, in subpoena

(3) Proof of service when necess shall be made by filing w/cleark of ct

Selection of Jurors:

(a) Examination of Jurors: Can exam. prospective jurors; if ct does, shall permit parties/attnys to supplement exam by further inquiry

(b) Peremptory Challenges: Ct shall allow for these by 28 USC 1870

(c) Excuse: Ct may excuse for good cause 

Number ofr Jurors - Participation in Verdict:

The ct shall seat a jury of 6<x<12 and all jurors and all shall partic in the verdict unless excused by 47(c). Verdict shall be unanimous and no verdict shall be taken from a jury reducedto x<6 members. 

Special verdicts and interrogatories

(a) Special verdicts: The ct may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact.

(b) General verdict accompanied by answer to interrogatories: The ct may submit to the jury, together w/ appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict.

Findings by the ct; jdgmt on partial findings - Effect:

In all actions tried w/o a jury, the ct shall find the facts specially & state separately its conclusions of law thereon, & jdgmt shall be entered pursuant to Rule 58; in granting/refusing interlocutory injunctions the ct shall similarly set forth the findings of fact & conclusions of law...findings of fact shall not be set aside unless clearly erronsous...Findings of fact & conclusions of law are unnecess. on decisions of motions under Rules 12 or 56

Summary Judgment - Affidavits made in bad faith:

Should it appear that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the ct shall forthwth order the party employing them to apy to the other party the amt of the reas expenses which the filing caused

Pleading - General Rules of Pleading:

Defenses; Form of Denials: A party shall state in short, plain terms the party's defenses to each claim asserted & shall admit or deny averments upon which the adverse party relies. If a party is w/o knldge or info sufficient to form a belief as t truth of an avermen, the party shall so state & this has the effect of a denial. Denials shall fairly meet the substance of the averments denied.  If deny part or qualification, specify what is true & deny remainder.

Pleading - Affirmative Defenses:

Pleading - Effect of Failure to Deny:

Amended & Supplemental Pleadings - Amendmenets to Conform to the Evidence:

 Ct may allow pleadings to be amended & shall do so freely when the pres'n of the merits of the action will be suvserced thereby and the objecting party fails to satisgy the ct that hte admission of such evidence would prejudice the party in maintaining the party's action or defense upon the merits. The ct may grant a continuance to enable the objecting party to meet such evidence.

Amended & Supplemental Pleadings - Relation Back of Amendments:

An amendment of a pleading relates back to the date of the original pleading when (1) relation back is permitted by the law that provide the statute of limitations applicable to the action, or (2) the claim or defense asserted int he amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, or (3) amendment changes the party or the naming of the party against whom a claim is asserted... 

New Trials; Amendment of Judgments - Motion to Alter of Amend Judgment:

Any motion to alter or amend a judgment shall be filed no later than 10 days after the jdgmt entry. 

Final decisions of district courts:

The cts of appeals (other than the US Ct of Appeals for the Federal Circuit) shall have jurisdiction of apeals from all final decisions of the district courts of the US, the US Dist Ct for the Dist of the Canal Zone, the Dist Ct of Guam, & the Dist Ct of the Virgin Islands, except where a direct review may be had in the Supreme Ct. The jx of the US Ct of Appeals for the Fed'l Circuit shall be limited to the jx descr in 1292(c-d) and 1295.

Interlocutory decisions:

(b) When a dist judge, in making a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for diff'ce of opinion & that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. 

Federal question:

The dist cts shall have original jx of all civil actions arising under the Const'n, laws, or treaties of the US.  

Diversity of citizenship; amount in controversy; costs:

The dist cts shall have original jx of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest & costs, and is between

(1) citizens of different States;

(2) citizens of a State and citizens or subjects of a foreign state;

(3) citizens of diff't States & in which citizens or subjs of a for state are add'l parties; and

(4) a for state, defined in 1603(a), as P and citizens of a State or diff't States. 

Supplemental jurisdiction:

(a) the dist cts shall have supplemental jx over all other claims that are so related to claims in the action w/in such original jx that they form part of the same case of controversy under Article III of the US Const'n. Such supplemental jx shall include claims that involve the joinder or intervention of add'l parties.

(b) dist cts shall not have supplemental jx under (a) over claims by P against persons made parties under Rs 14, 19, 20,or 24, or over claims by persons proposed to be joined as plaintiffs under R 19, or seeking to intervene as Ps under R 24, when exercising supplemental jx over such claims wd be inconsistent w/ the jx'l req's of 1332.

Change of venue:

(a) For the convenience of parties & witnesses, in the interest of justice, a dist ct may transfer any civil action to any other dist or division where it might have been brought.

(b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion of hearing thereof, may be transferred, in the discretion of the ct, from the division in which pending to any other div of the same dist.

(c) A dist ct may order any civil action to be tried at any place w/in the div in whcih it is pending.

(d) [what "district" and "district court" include]

Cure or waiver of defects:

(a) The dist ct of a dist in which is filed a case laying venue in the wrong division or dist shall dismiss, or if it be in the interest of justive, transfer such case to any dist or div'n in which it cd have been brought

(b) Nothing shall impair jx of dist ct of any matter involving a party whodoes not interpose timely & suffic objection to the venue

(c) [what "district" and "dist cts" include]

Actions removable generally:

Except as otherwise expresly provided by Act of Congress, any civil action brought in a State ct of which the district cts of the US have original jx, may be removed by the D or Ds, to the dist ct of the US for the district & division embracing the place where such action is pending. 

Defenses & Objections - Motion for Judgment on Pleadings:

If, on a motion for jdgmt on the pleadings, matters outside the pleadings are presented to & not excluded by the ct, the motion shall be treated as one for summary jdgmt and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such as motion by Rule 56. 

Amended & Supplemental Pleadings - Supplemental Pleadings:

Upon motion of a party the ct may, upon reaonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. 

General Provisions Gov'ning Discovery; Duty of Disclosure - Discovery scope and limits:

In general: Parties may obtain discovery re: any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custory, condition, & location of any books, docs, or other tangible things & the i.d. & location of persons having knldg of any discoverable matter.  Relevant info need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.

General Provisions Gov'ning Discovery; Duty of Disclosure - Limitations:

(A) Ct may limit...

(B) A party need not provide discovery of electronically stored info from sources that the party i.d.'s as not reasonably accessibly b/c of undue burden or cost.

(C) Discovery methods limited if ct determines that discovery sought is unreasonably cumulative or duplicative, or is obtainable from sm other source that is more convenient, less curdensome, or less expensive; party seeking discovery has had ample opportunity to obtain info sought; burden or expense of proposed discovery outweighs its likely benefit. 

General Provisions Gov'ning Discovery; Duty of Disclosure - Trial Preparations: Materials:

A party may obtain discovery of docs and tangible things otherwise discoverable under (b)(1) and prep'd in anticipation of litigation or for trial by or for another party or by or for that other party's rep (incl. other party's attny, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the mat'ls in the prep of the party's case and that the party is unable w/o undue hardship to obtain the substantial equv of the mat'ls by other means. 

General Provisions Gov'ning Discovery; Duty of Disclosure - Trial Preparations: Experts:

(A) A party may depose any person who has been i.d.'d as an expert whose opinions may be presented at trial.

(B) A party may discover facts known or opinions held by an expert who has been retained or employed by another party for another trial who is not expected to be called as a witness only as provided in 35(b) or showing except'l circumstances.

(C) The party seeking discovery must pay the expert a reasonable fee. 

General Provisions Gov'ning Discovery; Duty of Disclosure - Claims of Privilege/Protection of Trial-Preparation Materials:

(A) Info w/held: The party shall make the claim expressly and shall describe the natuer of the docs, communications, or things not produced or disclosed in a manner that will enable other parties to assess the applicability of the privilege or protection.

(B) Info produced:After being notified, a party must promptly return, sequester, or destroy the specified info andy any copies it has and may not use or disclose the info until the claim is resolved.

General Provisions Gov'ning Discovery; Duty of Disclosure:

(c) Protective Orders 

(d) Timing & Sequence of Discovery

(e) Supplementation of disclosures & responses

(f) Conference of parties; planning for discovery: parties must confer to consider the natuer & basis of their claims & defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures req'd by 26(a)(1), to discuss any issues relating to preserving discoverable info, & to develop a proposed discovery plan that indicates the parties' views & proposals (1-6)

(g) Signing of disclosures, discovery requests, responses, & objections 

Depositions upon oral examination - Notice of examination (etc):

(6) A party may in the party's notice & in a subpoena name as the deponent a public or private corporation or a partnership or association or gov'tal agency & describe w/ reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate 1 or more officers, directors, or mnging agents, or other persons who consent to testigy on its behalf...The persons so designated shall testify as to matters known or reaonable available to the organization. 

Depositions upon oral examination - Schedule & duration; motion to terminate or limit examination:

(1) Any objection during a dep'n must be stated concisely & in a non- argumentive and non-suggestive manner. A person may instruct a depon't not to answer only when necess. to preserve a priviliege, to enforce a limitation directed by the ct, or to present a motion under Rule 30(d)(4); (2) Unless otherwise authorized by the ct or stipulated by the parties, a dep'n is limited to 1 day of 7 hours. Ct may allow add'l time if needed; (3) Ct may impose sanction in case of delay;(4) At any time during a dep'n, upon showing that the exam is being conducted in bad faith, the ct may order the officer conducting the exam to cease from taking the deposition or may limit scope & manner of the taking of the dep'n.

Use of Depositions in Ct Proceedings - Effect of Errors & irregularities in Depositions:

(1) Notice: All errors & irregs in the dep notice are waived unless written objection is promptly served upon the party giving notice...

(3) Taking of Deposition

(A) Objections to the competency of a witnes or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time... 

Summary Judgment - For claimant:

A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory jdgmt may , at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary jdgmt by the adverse party, move w/ or w/o supporting affidavits for a summary jdgmt in the party's facor upon all or any part thereof. 

Summary Judgment - For defending party:

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory jdgmt is sought may, at any time, move w/ or w/o supporting affidavits dor a summary jdgmt in the aprty's favor as to all or any part thereof. 

Summary Judgment - Motion & proceedings thereon:

The adverse party prior to the day of hearing may serve opposing affidavits. The jdgmt sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, & admissions on file, together w/ the affidavits, if any, show that there is no genuine issue as to any mat'l fact & that the moving party is entitled to a jdgmt as a matter of law. 

Summary Judgment - Case not fully adjudicated on motion:

If on motion under this rule jdgmt is not rendered upon the whole case or for all the relief asked & a trial is necess., the ct...shall if practicable ascertain what material facts exist w/o substantial controversy & what mat'l facts are actually & in good faith controverted. 

Summary Judgment - Form of affidavits further testimony; defense required:

Supporting & opposing afidavits shall be made on personal knowledge, shalls et forth such facts as would be admissible in evidence...The ct may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary jdgmt is made & sipported as provieded in this rule, an adverse party may not rest upon the mrer allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that here is a fenuine issue for trial. 

Summary Judgment - When affidavits are unavailable:

Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party's opposition, the ct may refuse the application for jdgmt or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. 

Diversity of citizenship; amount in controversy; costs:

Except when express provision therefor is otherwise made in a statue of the US, where the P who files the case originallyin the Fed'l cts is finalle adjudged to be entitled to recover less than the sum or value of $75,000, computed w/o regard to any setoff or counterclaim to which the D may be adjudged to be entitled, & exclusive of interest & costs, the dist ct may deny costs to the plaintiff &, in add'n, may impose costs on the P.

Diversity of citizenship; amount in controversy; costs:

(1) A corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has principal place of business, except that in any direct actionagainst the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business; and

(2) The legal representative of the estate of a decedent shall be deemed to be a citizen only of same State as decedent (m.m. for infant/incompotent)

Actions removable generally:

A D in a civil action in a State ct may remove the action to the dist ct of the US for the dist and division embracing the palce where thea ction is pending if -  

(A) the action could have been brought in a US dist ct under 1369; or 

(B) The D is a party to an action which is or could have been brought, in whole or in part, under 1369 in a US dist ct & arises from the same accident as the action in State ct, even if the action to be removed could not have been brought in a dist ct as an original matter.

Supplemental jurisdiction:

(c) Dist cts may decline to exercise supplemental jx over a claim under (a) if (1) the claim raises a nove or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the dist ct has original jx, (3) the dist ct has dismissed all claims over which it has originaljx, or (4) in except'l circums, there are other compelling reasons for declining jx

(d) The period of limitations for any claim shall be tolled while the claim is pending & for a period of 30 days after it is dismissed unless State law provide for a loner tolling period.

(e) State include DC, Puerto Rico, US territories or possessions. 

Failure to make disclosures or cooperate in discovery; sanctions - Motion for order compelling disclosure or discovery:

Failure to make disclosures or cooperate in discovery; sanctions - Motion for order compelling disclosure or discovery:

Failure to make disclosure/cooperate in discovery; sanctions - Failure to comply w/ order:

(1) sanctions by ct in dist where dep'n is to be taken: If a dep't fails to be sworn/answer a ques., failure may be considered a contempt of ct.; (2) Sanctions by ct in which action is pending: If a party fails to obey an order to provide/permit discovery, ct may make such orders as are just & a.o. the following orders: (A) that matters/other designated facts are taken to be est.; (B) refusing to allow the disobedient party to support/oppose designated claims/defenses or prohibiting party fr. intro'g desig. matters in evid.; (C) striking out pleadings, or dismissing the action/proceedings/any party thereof, or rendering a jdgmt by default against disobed.party; (D) treating as a contempt of ct the failure to obey any orders except an order to submit to a physical or mental exam

Failure to make disclosure/cooperate in discovery; sanctions - Failure to comply w/ order:

Absent exceptional circumstances, a ct may not impose sanctions under these rules on a party for failing tp provide electronically stored info lost as a result of the routine, good-faith operation of an electronic info system.