(a) APPLICABILITYTOPARTICULARPROCEEDINGS.
(1) Prize Proceedings. These rules do not apply to prize pro-
ceedings in admiralty governed by 10 U.S.C. §§
7651–7681.
(2) Bankruptcy. These rules apply to bankruptcy proceedings
to the extent provided by the Federal Rules of Bankruptcy
Procedure.
(3) Citizenship. These rules apply to proceedings for admis-
sion to citizenship to the extent that the practice in those pro-
ceedings is not specified in federal statutes and has previously
conformed to the practice in civil actions. The provisions of 8
U.S.C. §1451 for service by publication and for answer apply in
proceedings to cancel citizenship certificates.
(4) Special Writs. These rules apply to proceedings for habeas
corpus and for quo warranto to the extent that the practice in
those proceedings:
(A) is not specified in a federal statute, the Rules Gov-
erning Section 2254 Cases, or the Rules Governing Section
2255 Cases; and
(B) has previously conformed to the practice in civil ac-
tions.
(5) Proceedings Involving a Subpoena. These rules apply to
proceedings to compel testimony or the production of docu-
ments through a subpoena issued by a United States officer or
agency under a federal statute, except as otherwise provided
by statute, by local rule, or by court order in the proceedings.
(6) Other Proceedings. These rules, to the extent applicable,
govern proceedings under the following laws, except as these
laws provide other procedures:
(A) 7 U.S.C. §§
292, 499g(c), for reviewing an order of the
Secretary of Agriculture;
(B) 9 U.S.C., relating to arbitration;
(C) 15 U.S.C. §
522, for reviewing an order of the Secretary
of the Interior;
(D) 15 U.S.C. §
715d(c), for reviewing an order denying a
certificate of clearance;
(E) 29 U.S.C. §§
159, 160, for enforcing an order of the Na-
tional Labor Relations Board;
(F) 33 U.S.C. §§
918, 921, for enforcing or reviewing a com-
pensation order under the Longshore and Harbor Workers’
Compensation Act; and
(G) 45 U.S.C. §
159, for reviewing an arbitration award in
a railway-labor dispute.
(b) SCIRE FACIAS AND MANDAMUS. The writs of scire facias and
mandamus are abolished. Relief previously available through
them may be obtained by appropriate action or motion under
these rules.
(c) REMOVEDACTIONS.
(1) Applicability. These rules apply to a civil action after it
is removed from a state court.
(2) Further Pleading. After removal, repleading is unneces-
sary unless the court orders it. A defendant who did not an-
swer before removal must answer or present other defenses or
objections under these rules within the longest of these peri-
ods:
(A) 21 days after receiving—through service or other-
wise—a copy of the initial pleading stating the claim for
relief;
(B) 21 days after being served with the summons for an
initial pleading on file at the time of service; or
(C) 7 days after the notice of removal is filed.
(3) Demand for a Jury Trial.
(A) As Affected by State Law. A party who, before re-
moval, expressly demanded a jury trial in accordance with
state law need not renew the demand after removal. If the
state law did not require an express demand for a jury
trial, a party need not make one after removal unless the
court orders the parties to do so within a specified time.
The court must so order at a party’s request and may so
order on its own. A party who fails to make a demand
when so ordered waives a jury trial.
(B) Under Rule 38. If all necessary pleadings have been
served at the time of removal, a party entitled to a jury
trial under Rule 38 must be given one if the party serves
a demand within 14 days after:
(i) it files a notice of removal; or
(ii) it is served with a notice of removal filed by an-
other party.
(d) LAWAPPLICABLE.
(1) ‘‘State Law’’ Defined. When these rules refer to state law,
the term ‘‘law’’ includes the state’s statutes and the state’s ju-
dicial decisions.
(2) ‘‘State’’ Defined. The term ‘‘state’’ includes, where appro-
priate, the District of Columbia and any United States com-
monwealth or territory.
(3) ‘‘Federal Statute’’ Defined in the District of Columbia. In the
United States District Court for the District of Columbia, the
term ‘‘federal statute’’ includes any Act of Congress that ap-
plies locally to the District.