What is the rule 63 of the Federal Rules of Civil Procedure?
Asked by: Prof. Rosemarie Dicki I | Last update: October 4, 2025Score: 4.9/5 (18 votes)
Rule 63 – Judge's Inability to Proceed. If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties.
What is the lazy judge rule?
If the court fails to rule, on a motion of a party, commonly referred to as the Lazy Judge rule, the case may be withdrawn from the trial court judge and transferred to the Supreme Court for assignment to a Special Judge to decide. In most cases, it is not prudent or wise to file a lazy judge motion.
What is the rule 64 of the federal rules of civil procedure?
Under Rule 64, a court may issue a writ or order for the seizure of property in order to secure the satisfaction of a judgment, to preserve the property, or for other reasons.
What is the Civil Rule 69?
Under Rule 69, a creditor has the right to conduct discovery into a debtor's financials. Under this rule, a creditor has the right to ask the debtor to provide all sorts of non-privileged financial statements.
What is rule 34 of the Federal Rules of Civil Procedure?
The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection.
[Audio Rules of Court] Rule 63 - Declaratory Relief and Similar Remedies
What is the rule 73 of the Federal Rules of Civil Procedure?
When specially designated to exercise such jurisdiction by local rule or order of the district court and when all parties consent thereto, a magistrate judge may exercise the authority provided by Title 28, U.S.C. §636(c) and may conduct any or all proceedings, including a jury or nonjury trial, in a civil case.
What is the rule 40 of the Federal Rules of Civil Procedure?
Setting Cases for Trial: Rule 40 provides that cases are set for trial by the court without action by the parties, which means the court itself schedules trials based on its calendar and procedural readiness of the cases.
What is Rule 70 Federal Rules of Civil Procedure?
Rule 70 F.R. Civ. P. applies in adversary proceedings and the court may enter a judgment divesting the title of any party and vesting title in others whenever the real or personal property involved is within the jurisdiction of the court.
What is Rule 80 Federal Rules of Civil Procedure?
If stenographically reported testimony at a hearing or trial is admissible in evidence at a later trial, the testimony may be proved by a transcript certified by the person who reported it. (As amended Dec. 27, 1946, eff.
What is the civil rule 67?
If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, a party—on notice to every other party and by leave of court—may deposit with the court all or part of the money or thing, whether or not that party claims any of it.
What is the rule 21 of the federal rules of civil procedure?
Misjoinder and Non-Joinder of Parties. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.
What is rule64?
Rule 64 allows parties to use state law procedures for seizing property to secure a judgment as long as those procedures are not in conflict with federal law. This includes remedies such as attachment, garnishment, replevin, sequestration, and other similar procedures available under state law.
What is the rule 35?
Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.
What is unethical for a judge?
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
What is the Judgethani rule?
The "Judgetani Rule," as the Commissioner referred to it, will dock a team one run for any free pass their pitcher issues to either slugger.
What are the rules of the Supreme Court rule 56?
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
What is Rule 33 of federal civil procedure?
Rule 33, as amended, permits either interrogatories after a deposition or a deposition after interrogatories. It may be quite desirable or necessary to elicit additional information by the inexpensive method of interrogatories where a deposition has already been taken.
What is Rule 5.1 Federal Rules of Civil Procedure?
New Rule 5.1 requires a party that files a pleading, written motion, or other paper drawing in question the constitutionality of a federal or state statute to file a notice of constitutional question and serve it on the United States Attorney General or state attorney general.
What is the rule 34 of the Federal Rules of Civil Procedure?
The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection. Subdivision (c). Rule 34 as revised continues to apply only to parties.
What is the Federal Rule of Civil Procedure 26 F?
Rule 26(f) of the Federal Rules of Civil Procedure mandates that parties involved in litigation meet as soon as practicable — at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
What is the subject of Rule 56 of the Federal Rules of Civil Procedure?
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
What is the rule 20 of the Federal Rules of Civil Procedure?
Rule 20 – Permissive Joinder of Parties. (a) Persons Who May Join or Be Joined. (B) any question of law or fact common to all plaintiffs will arise in the action. (B) any question of law or fact common to all defendants will arise in the action.
What is rule 10 of the Federal Rules of Civil Procedure?
Rule 10 – Form of Pleadings. (a) Caption; Names of Parties. Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation.
What is rule 12 of the Federal Rules of Civil Procedure?
Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any ...
What is Rule 30 of the Federal Rules of Civil Procedure?
Depositions by Oral Examination (a) When a Deposition May Be Taken. (1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent's attendance may be compelled by subpoena under Rule 45.