actions ready for trial, which shall distinguish "jury actions" from "court actions."

(d) Other Books and Records of the Clerk.

The clerk shall also keep such other books and records as may be required from time to time by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States. As amended Dec. 27, 1946; Dec. 29, 1948, effective Oct. 20, 1949.

NOTES OF ADVISORY COMMITTEE ON RULES Compare Equity Rule 3 (Books Kept by Clerk and Entries Therein). In connection with this rule, see also the following statutes of the United States:

§ 567 § 568

(Clerks of district courts; books open to in"spection)

(Same; accounts)

(Same; reports and accounts of moneys received; dockets)

§ 813 (Indices of judgment debtors to be kept by clerks)

And see "Instructions to United States Attorneys, Marshals, Clerks and Commissioners" issued by the Attorney General of the United States.

NOTES OF ADVISORY COMMITTEE ON AMENDMENTS TO RULES Note. Subdivision (a). The amendment substitutes the Director of the Administrative Office of the United States Courts, acting subject to the approval of the Judicial Conference of Senior Circuit Judges, in the place of the Attorney General as a consequence of and in accordance with the provisions of the act establishing the Administrative Office and transferring functions thereto. Act of August 7, 1939, ch. 501, §§ 1-7, 53 Stat. 1223, 28 U. S. C. formerly §§ 444-450 (now §§ 601-610).

Subdivision (b). The change in this subdivision does not alter the nature of the judgments and orders to be recorded in permanent form but it does away with the express requirement that they be recorded in a book. This merely gives latitude for the preservation of court records in other than book form, if that shall seem advisable, and permits with the approval of the Judicial Conference the adoption of such modern, space-saving methods as microphotography. See Proposed Improvements in the Administration of the Offices of Clerks of United States District Courts, prepared by the Bureau of the Budget, 1941, 38-42. See also Rule 55, Federal Rules of Criminal Procedure [following section 687 of Title 18 U. S. C.].

Subdivision (c). The words "Separate and" have been deleted as unduly rigid. There is no sufficient reason for requiring that the indices in all cases be separate; on the contrary, the requirement frequently increases the labor of persons searching the records as well as the labor of the clerk's force preparing them. The matter should be left to administrative discretion.

The other changes in the subdivision merely conform with those made in subdivision (b) of the rule.

Subdivision (d). Subdivision (d) is a new provision enabling the Administrative Office, with the approval of the Judicial Conference, to carry out any improvements in clerical procedure with respect to books and records which may be deemed advisable. See report cited in Note to subdivision (b), supra.

AMENDMENTS

1948 The amendment effective October 1949, substituted the name, "Judicial Conference of the United States," in lieu of the former name, "Judicial Conference of Senior Circuit Judges," in the first sentence of subdivision (a), and in subdivisions (b) and (d).

EFFECTIVE DATE OF AMENDMENT Effective date of amendment to this rule, see rule 86 (b), (c).

CROSS REFERENCES

Entry of judgment, see rule 58.

Examination of court dockets by Director of Administrative Office of the United States Courts, see section 604 of this title.

Filing of pleading and other papers with clerk or judge, see rule 5 (e).

Lien of judgment, see section 1962 of this title. Notice of entry of judgment or order, see rule 77 (d). Obsolete papers disposed of in accordance with rules of Judicial Conference of the United States, see section 457 of this title.

Registration of judgments for money or property in other districts, see section 1963 of this title.

Return of execution of process, see rule 4 (g). Survey and recommendation of Judicial Conference of the United States, see section 331 of this title. Time for serving demand for jury trial, see rule 38 (b). FEDERAL RULES OF CRIMINAL PROCEDURE

Notice of entry of orders by clerk, see rule 49 (c), following section 3771 of Title 18, Crimes and Criminal Procedure.

Records, see rule 55.

RULE 80.-STENOGRAPHER; STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE

(a) Stenographer. (Abrogated.)

(b) Official Stenographers. (Abrogated.)

(c) Stenographic report or transcript as evidence. Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who reported the testimony. As amended Dec. 27, 1946, effective March 19, 1948.

NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This follows substantially former Equity Rule 50 (Stenographer-Appointment— Fees). [This subdivision was abrogated. See amendment note of Advisory Committee below.]

Note to Subdivision (b). See Reports of Conferences of Senior Circuit Judges with the Chief Justice of the United States (1936), 22 A. B. A. J. 818, 819; (1937), 24 A. B. A. J. 75, 77. [This subdivision was abrogated. See amendment note of Advisory Committee below.]

Note to Subdivision (c). Compare Iowa Code (1935) § 11353.

NOTES OF ADVISORY COMMITTEE ON AMENDMENTS TO RULES Note. Subdivisions (a) and (b) of Rule 80 have been abrogated because of Public Law 222, 78th Cong., ch. 3, 2d Sess., approved Jan. 20, 1944, 28 U. S. C. formerly § 9a (now §§ 550, 604, 753, 1915, 1920), providing for the appointment of official stenographers for each district court, prescribing their duties, providing for the furnishing of transcripts, the taxation of the fees therefor as costs and other related matters. This statute has now been implemented by Congressional appropriation available for the fiscal year beginning July 1, 1945.

Subdivision (c) of Rule 80 (Stenographic Report or Transcript as Evidence) has been retained unchanged. EFFECTIVE DATE OF AMENDMENT Effective date of amendment to this rule, see rule 86

(b).

CROSS REFERENCES

Appointment and compensation of court reporters, see section 753 of this title.

Fees for transcripts of court reporters, see section 753 of this title.

Fees of court reporter for stenographic transcript taxable as costs, see section 1920 (2) of this title.

Payment by United States for fees for transcripts and printing record on appeal furnished persons proceeding in forma pauperis, see sections 753 (f) and 1915 of this title.

Proof of official record, see rule 44.

XI. GENERAL PROVISIONS

RULE 81.-APPLICABILITY IN GENERAL

(a) To What Proceedings Applicable.

(1) These rules do not apply to proceedings in admiralty. They do not apply to proceedings in bankruptcy or proceedings in copyright under Title 17, U. S. C., except in so far as they may be made applicable thereto by rules promulgated by the Supreme Court of the United States. They do not apply to probate, adoption, or lunacy proceedings in the United States District Court for the District of Columbia except to appeals therein.

(2) In the following proceedings appeals are governed by these rules, but they are not applicable otherwise than on appeal except to the extent that the practice in such proceedings is not set forth in statutes of the United States and has heretofore conformed to the practice in actions at law or suits in equity: admission to citizenship, habeas corpus, quo warranto, and forfeiture of property for violation of a statute of the United States. The requirements of Title 28, U. S. C., § 2253, relating to certification of probable cause in certain appeals in habeas corpus cases remain in force.

(3) In proceedings under Title 9, U. S. C., relating to arbitration, or under the Act of May 20, 1926, ch. 347, § 9 (44 Stat. 585), U. S. C., Title 45, § 159, relating to boards of arbitration of railway labor disputes, these rules apply to appeals, but otherwise only to the extent that matters of procedure are not provided for in those statutes. These rules apply (1) to proceedings to compel the giving of testimony or production of documents in accordance with a subpoena issued by an officer or agency of the United States under any statute of the United States except as otherwise provided by statute or by rules of the district court or by order of the court in the proceedings, and (2) to appeals in such proceedings.

(4) These rules do not alter the method prescribed by the Act of February 18, 1922, ch. 57, § 2 (42 stat. 388), U. S. C., Title 7, § 292; or by the Act of June 10, 1930, ch. 436, § 7 (46 Stat. 534), as amended, U. S. C., Title 7, § 499g (c), for instituting proceedings in the United States district courts to review orders of the Secretary of Agriculture; or prescribed by the Act of June 25, 1934, ch. 742, § 2 (48 Stat. 1214), U. S. C., Title 15, § 522, for instituting proceedings to review orders of the Secretary of Commerce; or prescribed by the Act of February 22, 1935, ch. 18, § 5 (49 Stat. 31), U. S. C., Title 15, § 715d (c), as extended, for instituting proceedings to review orders of petroleum control boards; but the conduct of such proceedings in the district courts shall be made to conform to these rules so far as applicable.

(5) These rules do not alter the practice in the

United States district courts prescribed in the Act of July 5, 1935, ch. 372, §§ 9 and 10 (49 Stat. 453), as amended, U. S. C., Title 29, §§ 159 and 160, for beginning and conducting proceedings to enforce orders of the National Labor Relations Board; and in respects not covered by those statutes, the practice in the district courts shall conform to these rules so far as applicable.

(6) These rules apply to proceedings for enforcement or review of compensation orders under the Longshoremen's and Harbor Workers' Compensation Act, Act of March 4, 1927, ch. 509, §§ 18, 21 (44 Stat 1434, 1436), as amended, U. S. C. Title 33, §§ 918, 921, except to the extent that matters of procedure are provided for in that Act. The provisions for service by publication and for answer in proceedings to cancel certificates of citizenship under the Act of October 14, 1940, ch. 376, § 338 (54 Stat. 1158), U.S. C., Title 8, § 738, remain in effect.

(7) Abrogated, eff. Aug. 1, 1951. Supreme Court Order, April 30, 1951.

(b) Scire facias and mandamus.

The writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules.

(c) Removed Actions.

These rules apply to civil actions removed to the United States district courts from the state courts and govern procedure after removal. Repleading is not necessary unless the court so orders. In a removed action in which the defendant has not answered, he shall answer or present the other defenses or objections available to him under these rules within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within 20 days after the service of summons upon such initial pleading, then filed, or within 5 days after the filing of the petition for removal, whichever period is longest. If at the time of removal all necessary pleadings have been served, a party entitled to trial by jury under Rule 38 shall be accorded it, if his demand therefor is served within 10 days after the petition for removal is filed if he is the petitioner, or if he is not the petitioner within 10 days after service on him of the notice of filing the petition.

(d) District of Columbia; Courts and Judges.

Abrogated. Dec. 29, 1948, effective Oct. 20, 1949. (e) Law Applicable.

Whenever in these rules the law of the state in which the district court is held is made applicable, the law applied in the District of Columbia governs proceedings in the United States District Court for the District of Columbia. When the word "state" is used, it includes, if appropriate, the District of Columbia. When the term "statute of the United States" is used, it includes, so far as concerns proceedings in the United States District Court for the District of Columbia, any Act of Congress locally applicable to and in force in the District of Colum

bia. When the law of a state is referred to, the word "law" includes the statutes of that state and the state judicial decisions construing them. (f) References to officer of the United States.

Under any rule in which reference is made to an officer or agency of the United States, the term "officer" includes a collector of internal revenue, a former collector of internal revenue, or the personal representative of a deceased collector of internal revenue. As amended Dec. 28, 1939; Dec. 27, 1946; Dec. 29, 1948, effective Oct. 20, 1949.

NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). Paragraph (1): Compare the enabling act, act of June 19, 1934, U. S. C., Title 28, formerly § 723b (now § 2072) (Rules in actions at law; Supreme Court authorized to make) and formerly § 723c (now § 2072) (Union of equity and action at law rules; power of Supreme Court). For the application of these rules in bankruptcy and copyright proceedings, see Orders xxxvi and xxxvii in Bankruptcy and Rule 1 of Rules of Practice and Procedure under § 25 of the copyright act, act of March 4, 1909, U. S. C., Title 17, § 25 (now § 101) (Infringement and rules of procedure).

For examples of statutes which are preserved by paragraph (2) see: U. S. C., Title 8, ch. 9 (Naturalization); Title 28, former ch. 14 (Habeas corpus); Title 28, former $$ 377a-377c (Quo warranto); and such forfeiture statutes as U. S. C., Title 7, former § 116 (Misbranded seeds, confiscation), and Title 21, formerly § 14 (now § 334 (b)) (Pure Food and Drug Act-condemnation of adulterated or misbranded food; procedure). See also 443 Cans of Frozen Eggs Product v. U. S., 226 U. S. 172, 33 S. Ct. 50, 57 L. Ed. 174 (1912).

For examples of statutes which under paragraph (7) will condemnation continue to govern procedure in cases, see U. S. C., Title 40, § 258 (Condemnation of realty for sites for public building, etc., procedure); U. S. C., Title 16, § 831x (Condemnation by Tennessee Valley Authority); U. S. C., Title 40, § 120 (Acquisition of lands for public use in District of Columbia); Title 40, ch. 7 (Acquisition of lands in District of Columbia for use of United States; condemnation).

Note to Subdivision (b). Some statutes which will be affected by this subdivision are:

U. S. C., Title 28, formerly § 72 (now §§ 1446, 1447), supra, however, is modified by shortening the time for pleading in removed actions.

Note to Subdivision (e). The last sentence of this subdivision modifies U. S. C., Title 28, formerly § 725 (now § 1652) (Laws of States as rules of decision) in so far as that statute has been construed to govern matters of procedure and to exclude state judicial decisions relative thereto.

NOTES OF ADVISORY COMMITTEE ON AMENDMENTS TO RULES Note to Subdivision (a). Despite certain dicta to the contrary, Lynn v. United States, C. C. A. 5th, 1940, 110 F. 2d 586; Mount Tivy Winery, Inc. v. Lewis, N. D. Cal. 1942, 42 F. Supp. 636, it is manifest that the rules apply to actions against the United States under the Tucker Act [28 U. S. C., formerly §§ 41 (20), 250, 251, 254, 257, 258, 287, 289, 292, 761-765 (now §§ 791, 1346, 1401, 1402, 1491, 1493, 1496, 1501, 1503, 2071, 2072, 2411, 2412, 2501, 2506, 2509, 2510) ]. See United States to use of Foster Wheeler Corp. v. American Surety Co. of New York, E. D. N. Y. 1939, 25 F. Supp. 700; Boerner v. United States, E. D. N. Y. 1939, 26 F. Supp. 769; United States v. Gallagher, C. C. A. 9th, 1945, 151 F. 2d 556. Rules 1 and 81 provide that the rules shall apply to all suits of a civil nature, whether cognizable as cases at law or in equity, except those specifically excepted; and the character of the various proceedings excepted by express statement in Rule 81, as well as the language of the rules generally, shows that the term "civil action" [Rule 2] includes actions against the United States. Moreover, the rules in many places expressly make provision for the situation wherein the United States is a party as either plaintiff or defendant. See Rules 4 (d) (4), 12 (a), 13 (d), 25 (d), 37 (f), 39 (c), 45 (c), 54 (d), 55 (e), 62 (e), and 65 (c). In United States v. Sherwood, 1941, 312 U. S. 584, 61 S. Ct. 767, the Solicitor General expressly conceded

in his brief for the United States that the rules apply to Tucker Act cases. The Solicitor General stated: "The Government, of course, recognizes that the Federal Rules of Civil Procedure apply to cases brought under the Tucker Act." (Brief for the United States, p. 31). Regarding Lynn v. United States, supra, the Solicitor General said: "In Lynn v. United States * * the Circuit Court of Appeals for the Fifth Circuit went beyond the Government's contention there, and held that an action under the Tucker Act is neither an action at law nor a suit in equity and, seemingly, that the Federal Rules of Civil Procedure are, therefore, inapplicable. We think the suggestion is erroneous. Rules 4 (d), 12 (a), 39 (c), and 55 (e) expressly contemplate suits against the United States, and nothing in the enabling Act (48 Stat. 1064, 28 U. S. C. formerly §§ 723b, 723c (now § 2072)) suggests that the Rules are inapplicable to Tucker Act proceedings, which in terms are to accord with court rules and their subsequent modifications (Sec. 4, Act of March 3, 1887, 24 Stat. 505, 28 U. S. C., formerly § 761 (now §§ 2071, 2072))." (Brief for the United States, p. 31, n. 17.)

United States v. Sherwood, supra, emphasizes, however, that the application of the rules in Tucker Act cases affects only matters of procedure and does not operate to extend jurisdiction. See also Rule 82. In the Sherwood case, the New York Supreme Court, acting under § 795 of the New York Civil Practice Act, made an order authorizing Sherwood, as a judgment creditor, to maintain a suit under the Tucker Act to recover damages from the United States for breach of its contract with the judgment debtor, Kaiser, for construction of a post office building. Sherwood brought suit against the United States and Kaiser in the District Court for the Eastern District of New York. The question before the United States Supreme Court was whether a United States District Court had Jurisdiction to entertain a suit against the United States wherein private parties were joined as parties defendant. It was contended that either the Federal Rules of Civil Procedure or the Tucker Act, or both, embodied the consent of the United States to be sued in litigations in which issues between the plaintiff and third persons were to be adjudicated. Regarding the effect of the Federal Rules, the Court declared that nothing in the rules, so far as they may be applicable in Tucker Act cases, authorized the maintenance of any suit against the United States to which it had not otherwise consented. The matter involved was not one of procedure but of jurisdiction, the limits of which were marked by the consent of the United States to be sued. The jurisdiction thus limited is unaffected by the Federal Rules of Civil Procedure.

Subdivision (a) (2). The added sentence makes it clear that the rules have not superseded the requirements of U. S. C. Title 28, formerly § 466 (now § 2253). Schenk v. Plummer, C. C. A. 9th 1940, 113 F. 2d 726.

For correct application of the rules in proceedings for forfeiture of property for violation of a statute of the United States, such as under U. S. C., Title 22, § 405 (seizure of war materials intended for unlawful export) or U. S. C., Title 21, § 334 (b) (Federal Food, Drug, and Cosmetic Act; formerly Title 21, U. S. C. § 14, Pure Food and Drug Act), see Reynal v. United States, C. C. A. 5th, 1945, 153 F. 2d 929; United States v. 108 Boxes of Cheddar Cheese, S. D. Iowa 1943, 3 F. R. D. 40.

Subdivision (a) (3). The added sentence makes it clear that the rules apply to appeals from proceedings to enforce administrative subpoenas. See Perkins v. Endicott Johnson Corp., C. C. A. 2d 1942; 128 F. 2d 208. aff'd on other grounds, 1943, 317 U. S. 501, 63 S. Ct. 339; Walling v. News Printing, Inc., C. C. A. 3d, 1945, 148 F. 2d 57; McCrone v. United States, 1939, 307 U. S. 61, 59 S. Ct. 685. And, although the provision allows full recognition of the fact that the rigid application of the rules in the proceedings themselves may conflict with the summary determination desired, Goodyear Tire & Rubber Co. v. National Labor Relations Board, C. C. A. 6th, 1941, 122 F. 2d 450; Cudahy Packing Co. v. National Labor Relations Board, C. C. A. 10th, 1941, 117 F. 2d 692, it is drawn so as to permit application of any of the rules in the proceedings whenever the district court deems them helpful. See, e. g., Peoples Natural Gas Co. v. Federal Power Commission, App. D. C. 1942, 127 F. 2d 153, cert. den., 1942, 316 U. S. 700, 62 S. Ct.

1298; Martin v. Chandis Securities Co., C. C. A. 9th, 1942, 128 F. 2d 731. Compare the application of the rules in summary proceedings in bankruptcy under General Order 37. See 1 Collier on Bankruptcy, 14th ed. by Moore and Oglebay, 326-327; 2 Collier, op. cit. supra, 1401-1402; 3 Collier, op. cit. supra, 228-231; 4 Collier, op. cit. supra, 1199-1202.

Subdivision (a) (6). Section 405 of U. S. C., Title 8 originally referred to in the last sentence of paragraph (6), has been repealed and former § 738 (now § 1451), U. S. C., Title 8, has been enacted in its stead. The last sentence of paragraph (6) has, therefore, been amended in accordance with this change. The sentence has also been amended so as to refer directly to the statute regarding the provision of time for answer, thus avoiding any confusion attendant upon a change in the statute.

That portion of subdivision (a) (6) making the rules applicable to proceedings for enforcement or review of compensation orders under the Longshoremen's and Harbor Workers' Compensation Act [33 U. S. C. § 901 et seq.] was added by an amendment made pursuant to order of the Court, December 28, 1939, effective three months subsequent to the adjournment of the 76th Congress, January 3, 1941.

Subdivision (c). The change in subdivision (c) effects more speedy trials in removed actions. In some states many of the courts have only two terms a year. A case, if filed 20 days before a term, is returnable to that term, but if filed less than 20 days before a term, is returnable to the following term, which convenes six months later. Hence, under the original wording of Rule 81 (c), where a case is filed less than 20 days before the term and is removed within a few days but before answer, it is possible for the defendant to delay interposing his answer or presenting his defenses by motion for six months or more. The rule as amended prevents this result.

Subdivision (f). The use of the phrase "the United States or an officer or agency thereof" in the rules (as e. g., in Rule 12 (a) and amended Rule 73 (a)) could raise the question of whether "officer" includes a collector of internal revenue, a former collector, or the personal representative of a deceased collector, against whom suits for tax refunds are frequently instituted. Difficulty might ensue for the reason that a suit against a collector or his representative has been held to be a personal action. Sage v. United States, 1919, 250 U. S. 33, 39 S. Ct. 415; Smietanka v. Indiana Steel Co., 1921, 257 U. S. 1, 42 S. Ct. 1; United States v. Nunnally Investment Co., 1942, 316 U. S. 258, 62 S. Ct. 1064. The addition of subdivision (f) to Rule 81 dispels any doubts on the matter and avoids further litigation.

AMENDMENTS

1948-The amendment effective October 1949, substituted the words "United States District Court" for the words "District Court of the United States" in the last sentence of subdivision (a) (1) and in the first and third sentences of subdivision (e). The amendment substituted the words "United States district courts" in lieu of "district courts of the United States" in subdivision (a) (4) and (5) and in the first sentence of subdivision (c). The amendment effective October 20, 1949, also made the following changes:

In subdivision (a) (1), the reference to "Title 17. U. S. C." was substituted for the reference to "the Act of March 4, 1909, ch. 320, § 25 (35 Stat. 1081), as amended. U. S. C., Title 17, § 25."

In subdivision (a) (2), the reference to "Title 28. U. S. C., § 2253" was substituted for "U. S. C., Title 28, § 466."

In subdivision (a) (3), the reference in the first sentence to "Title 9, U. S. C.," was substituted for "the Act of February 12, 1925, ch. 213 (43 Stat. 883), U. S. C., Title 9". In subdivision (a) (5), the words "as amended" were inserted after the parenthetical citation of "(49 Stat. 453)," and after the citations of "Title 29, §§ 159 and 160," former references to subdivisions “(e), (g), and (i)” were deleted.

In subdivision (a) (6), after the words "These rules" at the beginning of the first sentence, the following words were deleted: "do not apply to proceedings under the

Act of September 13, 1888, ch. 1015, § 13 (25 Stat. 479), as amended, U. S. C., Title 8, § 282, relating to deportation of Chinese; they". Also in the first sentence, after the parenthetical citation of "(44 Stat. 1434, 1436)," the words "as amended" were added. In the last sentence, the words "October 14, 1940, ch. 876, § 338 (54 Stat. 1158)" were inserted in lieu of the words "June 29, 1906, ch. 3592, 15 (34 Stat. 601), as amended."

In subdivision (c), the word "all" originally appearing in the first sentence between the words "govern" and "procedure" was deleted. In the third sentence, the portion beginning with the words "20 days after the receipt" and including all the remainder of that sentence was substituted for the following language: "the time allowed for answer by the law of the state or within 5 days after the filing of the transcript of the record in the district court of the United States, whichever period is longer, but in any event within 20 days after the filing of the transcript". In the fourth or last sentence, after the words at the beginning of the sentence, "If at the time of removal all necessary pleadings have been," the word "served" was inserted in lieu of the word "filled," and the concluding words of the sentence, "petition for removal is filed if he is the petitioner," together with the final clause immediately following, were substituted for the words "record of the action is filed in the district court of the United States."

EFFECTIVE DATE OF AMENDMENT Effective date of 1946 amendment to this rule, see rule 88 (b), (c).

EFFECTIVE DATE OF ABROGATION Abrogation of par. (7) of subdivision (a) of this rule as effective August 1, 1951, see effective date note under Rule 71A.

CROSS REFERENCES

Alaska, applicability of rules to district courts for, see section 2072 of this title.

Bankruptcy proceedings and appeals therein, application of these rules to such proceedings, see General Orders Nos. 36 and 37 following section 53 of Title 11, Bankruptcy.

Copyright, applicability of rules in so far as not inconsistent, see amendment to Rule 1 of Rules of Practice set out under section 101 of Title 17, Copyrights. Demand for jury trial, see rule 38 (b).

Habeas corpus, see sections 2241 et seq. of this title. Hawaii and Puerto Rico, application of rules to district courts for, see sections 646 and 873a of Title 48, Territories and Insular Possessions.

Mandamus and relief in the nature of mandamus generally, see notes of decisions under section 1651 of this title.

Power of court to issue writs, see section 1651 of this title.

Procedure before and after removal generally, see sections 1446 and 1447 of this title. Scope of rules, see rule 1.

FEDERAL RULES OF CRIMINAL PROCEDURE Application and exception, see rule 54, following section 3771 of Title 18, Crimes and Criminal Procedure. ADMIRALTY RULES

Admiralty, applicability of rule 16 to cases in, see rule 442, following section 2073 of this title.

RULE 82. JURISDICTION AND VENUE UNAFFECTED These rules shall not be construed to extend or limit the jurisdiction of the United States district courts or the venue of actions therein. As amended Dec. 29, 1948, eff. Oct. 20, 1949.

NOTES OF ADVISORY COMMITTEE ON RULES These rules grant extensive power of joining claims and counterclaims in one action, but, as this rule states, such grant does not extend federal jurisdiction. The rule is declaratory of existing practice under the former Federal Equity Rules with regard to such provisions as former

Equity Rule 26 on Joinder of Causes of Action and former Equity Rule 30 on Counterclaims. Compare Shulman and Jaegerman, Some Jurisdictional Limitations on Federal Procedure, 45 Yale L. J. 393 (1936).

AMENDMENTS

1948-The amendment effective October 1949, substituted the words "United States district courts" for "district courts of the United States."

EFFECTIVE DATE OF AMENDMENT Effective date of amendment to this rule, see rule 86 (c).

RULE 83.-RULES BY DISTRICT COURTS

Each district court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with these rules. Copies of rules and amendments so made by any district court shall upon their promulgation be furnished to the Supreme Court of the United States. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.

NOTES OF ADVISORY COMMITTEE ON RULES This rule substantially continues U. S. C., Title 28, formerly § 731 (now § 2071) (Rules of practice in district courts) with the additional requirement that copies of such rules and amendments be furnished to the Supreme Court of the United States. See Equity Rule 79 (Additional Rules by District Court). With the last sentence compare United States Supreme Court Admiralty Rules (1920), Rule 44 (Right of Trial Courts To Make Rules of Practice) (originally promulgated in 1842).

The forms contained in the Appendix of Forms are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate. Dec. 27, 1946, effective March 19, 1948.

NOTES OF ADVISORY COMMITTEE ON RULES

In accordance with the practice found useful in many codes, provision is here made for a limited number of official forms which may serve as guides in pleading. Compare 2 Mass. Gen. Laws (Ter. Ed., 1932) ch. 231, § 147, Forms 1-47; English Annual Practice (1937) Appendix A to M, inclusive; Conn. Practice Book (1934) Rules, 47-68, pp. 123-427.

NOTES OF ADVISORY COMMITTEE ON AMENDMENTS TO RULES

Note. The amendment serves to emphasize that the forms contained in the Appendix of Forms are sufficient to withstand attack under the rules under which they are drawn, and that the practitioner using them may rely on them to that extent. The circuit courts of appeals generally have upheld the use of the forms as promoting desirable simplicity and brevity of statement. Sierocinski v. E. I. DuPont DeNemours & Co., C. C. A. 3d, 1939, 103 F. 2d 843; Swift & Co. v. Young, C. C. A. 4th, 1939, 107 F. 2d 170; Sparks v. England, C. C. A. 8th, 1940, 113 F. 2d 579; Ramsouer v. Midland Valley R. Co., C. C. A. 8th, 1943, 135 F. 2d 101. And the forms as a whole have met with widespread approval in the courts. See cases cited in 1 Moore's Federal Practice, 1938, Cum. Supplement § 8.07, under "Page 554"; see also Commentary, The Official Forms, 1941, 4 Fed. Rules Serv. 954. In Cook, "Facts" and "Statements of Fact", 1937, 4 U. Chi. L. Rev. 233, 245-246, it is said with