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Moore's Federal Practice - Civil
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

8-40 Moore's Federal Practice - Civil 40.syn


Federal Rules of Civil Procedure, Rule 40, Scheduling Cases for Trial


Charles R. Richey;updated by;Jerry E. Smith

Chapter Summary


In federal civil litigation, the district courts have broad authority to establish local rules for the placement of cases on their trial calendars.

This chapter of Moore's Federal Practice provides covers Rule 40 of the Federal Rules of Civil Procedure, which governs the placement of cases by the district court on the trial calendar, continuances, and actions receiving precedence or preferred placement on the trial calendar. It also discusses review by the courts of appeals of the calendaring decisions of the district courts, as well as how Rule 40 relates to Rule 16, governing pretrial conferences, scheduling and case management. Finally, the effect of 28 U.S.C.S. § 1657, relating to the priority required to be given to certain types of civil actions, is examined.

Moore's Federal Practice (Matthew Bender) is the leading source of analysis of federal court practice and procedure and has been repeatedly relied upon by federal courts around the country. It has comprehensive and authoritative analysis on federal civil, criminal, appellate, and admiralty procedure, along with the full text of the federal rules and extensive commentary and analysis of the rules and cases interpreting the rules.


Federal Rules of Civil Procedure,federal court,federal rules,federal court practice,federal civil procedure,scheduling,trial calendar,continuance,case management,FRCP 40


For a discussion of pretrial conferences and other case management strategies, see Ch. 16, Pretrial Conferences; Scheduling; Management.

For a discussion of the right to a jury trial and other matters related to trial by a jury or by the court, see Ch. 38, Right to a Jury Trial; Demand and Ch. 39, Trial by Jury or by the Court.

For more information on the authority providing for adopting local rules, see Ch. 83, Rules by District Courts; Judge's Directives.


For more information on the assignment of cases for trial, see Moore's Manual--Federal Practice and Procedure, Ch. 20, Trial Practice in General (Matthew Bender).

For detailed analysis and case law on federal evidence, see Weinstein's Federal Evidence (Matthew Bender).

For discussion and strategic tips on federal civil cases, see Moore's AnswerGuide: Federal Civil Motion Practice (Matthew Bender) and Moore's AnswerGuide: Federal Pretrial Civil Litigation (Matthew Bender).
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