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Fed. R. Civ. P. 40

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Rule 40 Scheduling Cases for Trial

Title VI: Trials

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Rule Text

Each court must provide by rule for scheduling trials. The court must give priority to actions entitled to priority by a federal statute.

Amendment history: (As amended Apr. 30, 2007, eff. Dec. 1, 2007.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Each court must set its own rule for scheduling trials. When a federal statute gives an action priority, the court must schedule that action ahead of others.

Committee Notes

Notes of Advisory Committee on Rules—1937

U.S.C., Title 28, [former] § 769 (Notice of case for trial) is modified. See [former] Equity Rule 56 (On Expiration of Time for Depositions, Case Goes on Trial Calendar). See also [former] Equity Rule 57 (Continuances).

For examples of statutes giving precedence, see U.S.C., Title 28, § 47 [see 1253, 2101, 2284, former 2325] (Injunctions as to orders of Interstate Commerce Commission); § 380 [see 1253, 2101, former 2281, 2284] (Injunctions alleged unconstitutionality of state statutes); § 380a [see 1253, 2101, former 2282, 2284] (Same; Constitutionality of federal statute); [former] § 768 (Priority of cases where a state is party); Title 15, [former] § 28 (Antitrust laws; suits against monopolies expedited); Title 22, [former] § 240 (Petition for restoration of property seized as munitions of war, etc.); and Title 49, [former] § 44 [see former 15 U.S.C. 28] (Proceedings in equity under interstate commerce laws; expedition of suits).

Committee Notes on Rules—2007 Amendment

The language of Rule 40 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

The best methods for scheduling trials depend on local conditions. It is useful to ensure that each district adopts an explicit rule for scheduling trials. It is not useful to limit or dictate the provisions of local rules.