The F.R.C.P.
Part III
Alan R. Beckman, J.D.
Part III:
F.R.C.P. rules 54 through 83
Introduction
These rules primarily address procedures
relating to:
 Post-trial matters such as judgments and
remedies
 Special proceedings and
 General court administration
Part III:
F.R.C.P. rules 54 through 83
Rule 54: Judgments…*
This rule defines judgment, how judgments
are entered and how costs and attorney
fee requests are handled in the judgment
Note: paralegals are not usually involved
with this rule unless preparing an order
of judgment for the court
Part III:
F.R.C.P. rules 54 through 83
Rule 55: Default; Default Judgment**
This rule provides a two step process for
obtaining a default judgment:
• Clerk’s entry of default based on an
affidavit and
• Motion for D.J. made to clerk or the court
The rule also provides for motions to set
aside a D.J.
Part III:
F.R.C.P. rules 54 through 83
Rule 56: Summary judgment**
Provides for a motion for summary
judgment:
• By either party
• As to all or part of the claims
• Filed pre-trial within 30 days of the close
of discovery
• Establishes standard
Note: Paralegals frequently draft MSJs and
prepare for the hearings
Part III:
F.R.C.P. rules 54 through 83
Rule 57: Declaratory judgment*
Briefly describes the process for requesting a
declaratory judgment, i.e., a judgment
declaring one’s rights under law or in a
contract, without damages
Note: Paralegals may on occasion draft MDJs
and prepare for the hearings
Part III:
F.R.C.P. rules 54 through 83
Rule 58: Entering judgment*
Details the process for entering a judgment
and for requesting and entry of judgment
Note: the significance of this rule is that
when you receive the written entry of
judgment, that date of receipt “triggers”
certain important time deadlines
Part III:
F.R.C.P. rules 54 through 83
Rule 59: New trial…**
This important rule provides:
• Contents and time frame for MNT
• For sua sponte MNT
• For amendment and alteration of a
judgment
Note: MNT is a precondition for an appeal
Part III:
F.R.C.P. rules 54 through 83
Rule 60: Relief from judgment…***
•
•
This frequently filed motion:
Allows reconsideration of adverse rulings
for several lenient reasons
Provides broad authority for the court in
granting relief to effect a just result
Note: Motions for Relief may redress any
adverse court rulings, e.g., setting DJ
aside
Part III:
F.R.C.P. rules 54 through 83
Rule 61: Harmless error*
A brief rule placing a duty on courts to
disregard legally harmless error, i.e.,
error which does not affect substantial
justice
Note: this rule implements an appellate
review standard into the trial court
proceedings to minimize the need for
appeals and clarifies the use of the
Part III:
F.R.C.P. rules 54 through 83
Rule 62: Stay of proceedings…**
Allows for stays pending appeal and how to
obtain a stay
Note: this rule governs the granting off stay
orders and provides for the posting of
bonds by the benefiting party
Part III:
F.R.C.P. rules 54 through 83
Rule 62.1: Indicative ruling…
Not reviewed, due to little or no paralegal
involvement with the rule.
Part III:
F.R.C.P. rules 54 through 83
Rule 63: Judge’s inability to proceed *
A brief rule permitting judges to liberally
substitute for the original judge while
providing assurances the new judge is
fully prepared by recalling witnesses as
needed
Note: this issue infrequently arises where
judges become ill or otherwise
unavailable to complete the hearing or
Part III:
F.R.C.P. rules 54 through 83
Rule 64: Seizing a person or
property **
A brief rule permitting judges the
enforcement tools needed to execute on
a judgment, e.g., to seize funds in a bank
account
Note: this provides a mechanism for
judgment holders to satisfy their
judgment
Part III:
F.R.C.P. rules 54 through 83
Rule 65: Injunctions and restraining
orders **
Sets forth the procedures and requirements
for (a) T.R.O.s and (b) long term
prohibitory and mandatory preliminary
injunctions (Often issued after trial or
settlement
Note: driven by due process considerations,
the rule balances the need for injunctive
relief versus the right of fair notice and
opportunity to be heard
Part III:
F.R.C.P. rules 54 through 83
Rule 65.1: Proceedings against a
surety*
Sets forth the procedures to impose liability
upon sureties and their bond by way of
motion (as opposed to filing a separate
action) and the clerk becomes the agent
for the surety regarding notices, etc.
Note: the rule seeks to simplify and expedite
actions against sureties, often based on
exigent circumstances.
Part III:
F.R.C.P. rules 54 through 83
Rule 66: Receivers*
Sets forth the procedures regarding actions
against receivers (holders of property in
cases, subject to directions from the
court.) Paralegal use of this rule is highly
unlikely.
Part III:
F.R.C.P. rules 54 through 83
Rule 67: Deposit into Court*
Sets forth the procedures for a party, with
Court permission, to deposit things of
value, usually money, with the clerk for
handling as directed by the Court.
Note: This often involves parties paying
judgments through the Courts or
“pleading in” amounts which are involved
in the case for Court dispersement
purposes.
Part III:
F.R.C.P. rules 54 through 83
Rule 68: Offer of judgment**
Sets forth the procedures for a party to
make a formal offer to accept judgment
against an opposing party or risk the
consequences of a verdict which is not as
favorable as the offer.
Note: This rule adopts the English view that
reasonable offers should be accepted and
penalties are imposed for, in effect,
frivolously going to trial. Offers can be
made by either party and are not filed
with the Court until after the verdict.
Part III:
F.R.C.P. rules 54 through 83
Rule 69: Execution**
Sets forth the procedures for a party to
execute upon a money judgment and to
obtain discovery related thereto.
Note: By obtaining “Orders (or Writs) of
execution”, judgment holders can satisfy
their judgments and, through discovery,
locate assets.
Part III:
F.R.C.P. rules 54 through 83
Rule 70: Enforcing a judgment…*
Authorizes courts to enforce judgments
which require an act from the judgment
debtor and he/she failed to act. Courts
may:
• Vest title through a transfer
• Issue writs of attachment & execution
and
• Hold disobedient parties in contempt
Note: provides a process to deal with
uncooperative judgment debtors, e.g.,
foreclosures
Part III:
F.R.C.P. rules 54 through 83
Rule 71: Enforcing relief…*
Authorizes courts to order the same forms of
remedies/relief upon nonparties as
allowed, supra.
Note: provides a process to deal with
judgment enforcement for/against
nonparties, e.g., debtor sells his car to
Sid, a nonparty, in violation of a lien or
T.R.O.. Sid can be ordered to surrender
the car.
Part III:
F.R.C.P. rules 54 through 83
Rule 71.1: Condemning real …*
Establishes procedures for eminent domain,
such as:
• Notice to affected, known claimants
• Service, Complaint, Answering,
Amending, etc. procedures & standards
• Court trial, jury allowed as to
compensation and 3 person commissions
to set F.M.V.
Note: constitutional rights in issue
Part III:
F.R.C.P. rules 54 through 83
Rule 72: Magistrate judges…*
Establishes authority and process for M.J.s
to decide nondispositive and dispositive
motions, vesting power of review with
the district judge to accept, reject or
modify the M.J.’s decisions.
Note: provides generalized authorities to
M.J.s while constitutionally
acknowledging the powers of the Title III
district judges
Part III:
F.R.C.P. rules 54 through 83
Rule 73: Magistrate judges…*
Establishes authority and process for M.J.s
to conduct jury and nonjury trials by
consent and appeals go directly to the
U.S. Courts of Appeal.
Note: provides generalized trial authority in
M.J.s preconditioned upon consent of all
involved.
Part III:
F.R.C.P. rules 54 through 83
Rule 77: Conducting business…*
Expressly establishes when courts and clerks
offices are open, trials conducted in open
court, hearings in court or chambers,
power of clerks to act (subject to judicial
review) and serving orders
Note: provides judicial “house keeping” as to
those matters addressed above
Part III:
F.R.C.P. rules 54 through 83
Rule 78: Hearing motions…**
Expressly establishes when courts hear
motions while allowing hearings with or
without oral argument or submission of
legal briefs
Note: a brief rule allowing motions to be
decided with or without briefs and oral
arguments as decided by the court
Part III:
F.R.C.P. rules 54 through 83
Rule 79: Records kept by the clerk*
Enumerates the duties of the clerk to
maintain such records as:
• Detailed docket with indexes
• Jury demands
• Orders and
• Judgments
Part III:
F.R.C.P. rules 54 through 83
Rule 80: Stenographic transcript…*
Provides that such transcripts are admissible
in hearings and trials and can be proven
by a certified record from the
reporter/transcriber
Part III:
F.R.C.P. rules 54 through 83
Rule 81: Applicabilty of Rules…*
Lists the different proceedings that these
rules do and do not apply to.
Part III:
F.R.C.P. rules 54 through 83
Rule 82: Jurisdiction…
This short rule indicates that these rules
have no intent or effect of limiting or
expanding jurisdiction or venue of the
courts.
Note: typically, paralegals will have little or
no need to reference this rule
Part III:
F.R.C.P. rules 54 through 83
Rule 83: Rules by District Courts…*
This rule permits the adoption of consistent
(with federal law) “local rules” by the
district courts.
Note: Local rules are district-wide and
involve implementing local procedures for
quality, efficiency and timeliness
purposes. These rules are important for
paralegals involved with federal cases.
Part III:
F.R.C.P. rules 54 through 83
--- Conclusion --The remaining rules, i.e., 84, 85 and 86 deal
with forms, title and effective date and
are (a) administrative in nature and (b)
as such, paralegals will have little or no
need to use them.
Part III:
F.R.C.P. rules 54 through 83
Part III: Quizzers
Connect the rule (column B) which relates
best to the motion (column A):
A
B
Motion for T.R.O.
59
Motion for Summary Judgment
60
Motion for New Trial
55
Motion for Default Judgment
56
Motion for Stay of Proceedings
62
Motion for Relief
65
Part III:
F.R.C.P. rules 54 through 83
Conclusion
The course class work is now completed.
Next, prepare for the final exam as discussed in
the F.R.C.P. syllabus.
Then, take the online open book/notes exam on
Monday December 12th at the time specified in
the Paralegal syllabus. The exam consists of 30
questions (MC, MATCH and Y/N) and students
have 30 days after the exam to ask any
questions re: the exam of the instructor.
GOOD LUCK ON THE EXAM!