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Diversity Day (The Office)
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"Diversity Day"
The Office episode
Episode no.
Season 1
Episode 2
Directed by
Ken Kwapis
Written by
B. J. Novak
Production code
1002[1]
Original air date
March 29, 2005
Guest appearance(s)
Larry Wilmore as Mr. Brown
Episode chronology
← Previous
"Pilot" Next →
"Health Care"
The Office (U.S. season 1)
List of The Office (U.S. TV series) episodes
"Diversity Day" is the second episode of the first season of the American comedy television series The Office. Written by B. J. Novak and directed by Ken Kwapis, it first aired in the United States on March 29, 2005, on NBC. The episode guest stars Office consulting producer Larry Wilmore as Mr. Brown.
In this episode, Michael's (Steve Carell) controversial imitation of a Chris Rock routine forces the staff to undergo a racial diversity seminar. A consultant (Larry Wilmore) arrives to teach the staff about tolerance and diversity, but Michael insists on imparting his own knowledge—aggravating both the consultant and the entire office staff—and creates his own diversity seminar. He eventually assigns each staff member an index card with a different race on it, causing tempers to slowly simmer until they finally snap. Meanwhile, Jim struggles to keep hold of a lucrative contract extension, but Dwight makes the sale for himself.
"Diversity Day" was the first episode of The Office to feature original writing, as the pilot episode ("Pilot") contained many jokes from the British series pilot. The episode guest starred Larry Wilmore, who plays the sensitivity trainer Mr. Brown. Wilmore, a writer for the show, had to formally audition with other actors because of stipulations with the Screen Actors Guild. The episode received a 2.7/6 in the Nielsen ratings among people aged 18–49 garnered 6.0 million viewers overall, losing almost half of its audience from the previous week. Despite this setback, the episode received positive reviews from television critics.
Contents
[hide]
1 Plot
2 Production
3 Web release
4 Reception
4.1 Ratings
4.2 Reviews
5 References
6 External links
Plot[edit]
In answer to Michael’s (Steve Carell) apparently constant recitation Chris Rock's "Niggas Vs. Black People" routine, the corporate offices of Dunder Mifflin send a representative (Larry Wilmore) from Diversity Today to hold a meeting regarding diversity training. Michael finds it insulting and, as a response, holds his own diversity meeting. He shows a brief video that addresses nothing of significance, claims that his heritage is "two-fifteenths Native American," and instructs everyone to wear index cards with a certain race on it and to treat others however they might treat people of those races.
Meanwhile, Jim (John Krasinski) desperately tries to re-up an annual sale that will amount to a quarter of his yearly commission, but he is ultimately undercut by Dwight (Rainn Wilson).
Production[edit]
The episode guest-starred Larry Wilmore as Mr. Brown.
Larry Wilmore, who plays the sensitivity trainer Mr. Brown, is a writer for the show. At the table-read for this episode, they had not cast the part yet and Daniels had Wilmore read for the role to fill in. After the read, producer Greg Daniels thought he was perfect for the role.[2] However, because of stipulations with the Screen Actors Guild, producers still had to have Wilmore formally audition with other actors for the role.[3] Daniels was also not sure where to use Mindy Kaling on screen in the series until the point came in this episode's script when Michael needed to be slapped by a minority. Her character in this episode, however, is far from the bubbly, chatty character that Kelly later becomes.[4][5] The second episode of the series was the first to feature predominantly original writing, as the pilot episode contained many jokes from the British series pilot.[6] During one of Michael's impersonations, a racial expletive spoken by Michael had to be censored by the producers for NBC. Daniels was terrified that the scene would leak unedited, so he personally oversaw the censoring of the master copy.[7]
The scene where Pam rests her head on Jim's shoulder after Dwight has stolen his sale and Jim smiles and says "not a bad day after all" came about when Greg Daniels spoke to the writers about wanting to have small, happy interactions between Jim and Pam and mentioned the head-on-shoulder idea, which B. J. Novak immediately wrote into his script. Paul Lieberstein did not want to appear in the episode and did so assuming it would be a one-time event, but Kevin Reilly was impressed by his work and said the show should use him more, leading to the expansion of Paul's work as Toby Flenderson. Two scenes that were cut involved Michael Scott responding to Mr. Brown's "HERO" acronym by creating one that sounded good until everyone noticed the words created the acronym of "INCEST", and Michael responded to Mr. Brown's nixing of that idea by pointing out the links between incest and racism in some states, while another had Jim replacing Dwight's "Asian" headband with "Dwight" and then having the other co-workers complain to a clueless Dwight about how annoying his behavior was.[8]
Web release[edit]
NBC webcast this episode on March 16, 2005 on MySpace to promote the show's then-upcoming premiere. This was NBC's first-ever online debut of a complete episode of a network series, and also included a trimmed-down webisode version of the episode for on-demand viewing on MySpace the following day.[9] Greg Daniels later noted in an interview with Uproxx that cutting it to the required 12 minute "was almost impossible" and that he "really sweated" during the process.[8]
Reception[edit]
Ratings[edit]
"Diversity Day" premiered on NBC on March 29, 2005.[10] While the pilot episode garnered over eleven million viewers,[11] the second episode lost over half its viewing audience from the previous episode.[12][13] The episode received a 2.7/6 in the Nielsen ratings among people aged 18–49, meaning that 2.7 percent of all 18- to 49-year-olds viewed the episode and six percent of all 18- to 49-year-olds watching TV viewed it.[10] The episode garnered 6.0 million viewers overall.[10] The episode, airing after Scrubs, retained 90% of its lead-in 18–49 audience.[10] In addition, "Diversity Day," along with the other first season episodes of The Office helped NBC score its highest-rated Tuesday night slot since February 1, 2005.[10]
Reviews[edit]
Contrary to the lukewarm response to the pilot, "Diversity Day" earned positive reviews from television critics. Entertainment Weekly gave the episode positive reviews, stating that: "Think of the toss-off racism of the original, plopped into a PC-gone-wrong showcase that might be entitled The Accidental Bigot. As when the African-American diversity trainer introduces himself as Mr. Brown, and Scott assures him, 'I will not call you that.'"[14] Ricky Gervais, who was the lead in the British series, stated that, in comparison to the British version, "It is as good. I love the fact that, apart from the first one, the scripts are all original. You've gone back to the blueprint of what the characters are and you've started from there, as opposed to copying anything."[15] Rolling Stone magazine named the scene wherein Michael shows the office his diversity video the third greatest Moment from The Office. The article particularly praised Michael's line: "Abraham Lincoln once said, 'If you are a racist, I will attack you with the North.'"[16]
Erik Adams of The A.V. Club awarded the episode a "B+" and felt that, as the show lost viewers in the first season, the stories got better, and that "Diversity Day" is an excellent example of this "unfortunate trend".[17] He noted that the episode "would go on to be one of the series’ defining episodes, an installment that put a more hopeful spin on the original Office's views on accepting the disparity between our dreams and our realities."[17] However, Adams noted that Carell's character was still too aggressive for Michael Scott to be completely lovable, and that the second season episode "Sexual Harassment" would serve as "a gentler spiritual sequel" to this episode, featuring a similar premise, but with a softened Michael Scott.[17] For his work on this episode, B. J. Novak was nominated for a Writers Guild of America Award for Best Screenplay – Episodic Comedy.[18]
References[edit]
Jump up ^ "Shows A–Z – Office, The on NBC". The Futon Critic. Retrieved January 25, 2013.
Jump up ^ Carell, Steve (Actor). 2005. "Diversity Day" [Commentary track], The Office Season One (US/NBC Version) [DVD], Los Angeles, CA: Universal.
Jump up ^ Daniels, Greg (Producer). 2005. "Diversity Day" [Commentary track], The Office Season One (US/NBC Version) [DVD], Los Angeles, CA: Universal.
Jump up ^ Wolk, Josh (February 24, 2006). "The Drudge Report: A Visit With 7 More 'Office' Mates". Entertainment Weekly'. Retrieved January 5, 2013. (subscription required)
Jump up ^ "'Office' Promotions Pay Off in a Big Way". Chicago Tribune. February 23, 2006. Retrieved February 11, 2008.
Jump up ^ Matthew, Gilbert (March 24, 2005). "It's Not as Warped as the Original, But 'The Office' is Painfully Funny". The Boston Globe. Retrieved February 23, 2008.
Jump up ^ Daniels, Greg (Executive Producer). 2005. "Diversity Day" [Commentary track], The Office Season One (US/NBC Version) [DVD], Los Angeles, CA: Universal.
^ Jump up to: a b Burns, Ashley; Schildhause, Chloe. "The Behind-The-Scenes Story Of 'Diversity Day,' The Episode That Defined NBC's 'The Office'". Uproxx. Retrieved January 11, 2018.
Jump up ^ "MySpace.com to Showcase Exclusive, First-Ever Webcast Of NBC's New Comedy Series 'The Office' Online Before Network's March 24 Preview and March 29 Premiere". Cision PR Newswire. March 18, 2005. Retrieved January 11, 2018.
^ Jump up to: a b c d e "April 5, 2005 Press Release ('Diversity Day')" (Press release). NBC. February 27, 2007. Archived from the original on October 10, 2008. Retrieved February 6, 2012.
Jump up ^ "Strong Showing for Office Remake". BBC News. March 30, 2005. Retrieved February 11, 2008.
Jump up ^ "Stunning Tumble for NBC's 'The Office'". Media Life Magazine. March 30, 2005. Archived from the original on May 20, 2011.
Jump up ^ Deans, Jason (March 30, 2005). "US Remake of The Office Loses Half its Audience". The Guardian. Retrieved February 11, 2008.
Jump up ^ Flynn, Gillian (March 15, 2005). "'The Office'". Entertainment Weekly. Retrieved February 11, 2008.
Jump up ^ "Ricky Gervais Defends American Office". Celebrity Spider. April 6, 2005. Retrieved February 11, 2008.
Jump up ^ Thomas, Lindsey (October 17, 2007). "The 25 Greatest Moments from The Office". Rolling Stone. Archived from the original on October 20, 2007.
^ Jump up to: a b c Adams, Erik (June 4, 2013). "'Pilot'/'Diversity Day' | The Office (Classic TV) | TV Club". The A.V. Club. The Onion. Retrieved June 5, 2013.
Jump up ^ "2006 Writers Guild Awards Television and Radio Nominees Announced". Writers Guild of America. December 14, 2005. Archived from the original on October 12, 2013.
External links[edit]
"Diversity Day" at NBC.com
"Diversity Day" on IMDb
"Diversity Day" at TV.com
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The Office (U.S.) episodes
Season 1
"Pilot"
"Diversity Day"
"Health Care"
"The Alliance"
"Basketball"
"Hot Girl"
Season 2
"The Dundies"
"Sexual Harassment"
"Office Olympics"
"The Fire"
"Halloween"
"The Fight"
"The Client"
"Performance Review"
"Email Surveillance"
"Christmas Party"
"Booze Cruise"
"The Injury"
"The Secret"
"The Carpet"
"Boys and Girls"
"Valentine's Day"
"Dwight's Speech"
"Take Your Daughter to Work Day"
"Michael's Birthday"
"Drug Testing"
"Conflict Resolution"
"Casino Night"
Season 3
"Gay Witch Hunt"
"The Convention"
"The Coup"
"Grief Counseling"
"Initiation"
"Diwali"
"Branch Closing"
"The Merger"
"The Convict"
"A Benihana Christmas"
"Back from Vacation"
"Traveling Salesmen"
"The Return"
"Ben Franklin"
"Phyllis' Wedding"
"Business School"
"Cocktails"
"The Negotiation"
"Safety Training"
"Product Recall"
"Women's Appreciation"
"Beach Games"
"The Job"
Season 4
"Fun Run"
"Dunder Mifflin Infinity"
"Launch Party"
"Money"
"Local Ad"
"Branch Wars"
"Survivor Man"
"The Deposition"
"Dinner Party"
"Chair Model"
"Night Out"
"Did I Stutter?"
"Job Fair"
"Goodbye, Toby"
Season 5
"Weight Loss"
"Business Ethics"
"Baby Shower"
"Crime Aid"
"Employee Transfer"
"Customer Survey"
"Business Trip"
"Frame Toby"
"The Surplus"
"Moroccan Christmas"
"The Duel"
"Prince Family Paper"
"Stress Relief"
"Lecture Circuit"
"Blood Drive"
"Golden Ticket"
"New Boss"
"Two Weeks"
"Dream Team"
"Michael Scott Paper Company"
"Heavy Competition"
"Broke"
"Casual Friday"
"Cafe Disco"
"Company Picnic"
Season 6
"Gossip"
"The Meeting"
"The Promotion"
"Niagara"
"Mafia"
"The Lover"
"Koi Pond"
"Double Date"
"Murder"
"Shareholder Meeting"
"Scott's Tots"
"Secret Santa"
"The Banker"
"Sabre"
"The Manager and the Salesman"
"The Delivery"
"St. Patrick's Day"
"New Leads"
"Happy Hour"
"Secretary's Day"
"Body Language"
"The Cover-Up"
"The Chump"
"Whistleblower"
Season 7
"Nepotism"
"Counseling"
"Andy's Play"
"Sex Ed"
"The Sting
"Costume Contest"
"Christening"
"Viewing Party"
"WUPHF.com"
"China"
"Classy Christmas"
"Ultimatum"
"The Seminar"
"The Search"
"PDA"
"Threat Level Midnight"
"Todd Packer"
"Garage Sale"
"Training Day"
"Michael's Last Dundies"
"Goodbye, Michael"
"The Inner Circle"
"Dwight K. Schrute, (Acting) Manager"
"Search Committee"
Season 8
"The List"
"The Incentive"
"Lotto"
"Garden Party"
"Spooked"
"Doomsday"
"Pam's Replacement"
"Gettysburg"
"Mrs. California"
"Christmas Wishes"
"Trivia"
"Pool Party"
"Jury Duty"
"Special Project"
"Tallahassee"
"After Hours"
"Test the Store"
"Last Day in Florida"
"Get the Girl"
"Welcome Party"
"Angry Andy"
"Fundraiser"
"Turf War"
"Free Family Portrait Studio"
Season 9
"New Guys"
"Roy's Wedding"
"Andy's Ancestry"
"Work Bus"
"Here Comes Treble"
"The Boat"
"The Whale"
"The Target"
"Dwight Christmas"
"Lice"
"Suit Warehouse"
"Customer Loyalty"
"Junior Salesman"
"Vandalism"
"Couples Discount"
"Moving On"
"The Farm"
"Promos"
"Stairmageddon"
"Paper Airplane"
"Livin' the Dream"
"A.A.R.M."
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Webisodes
The Accountants
Kevin's Loan
The Outburst
Blackmail
Subtle Sexuality
The Mentor
The 3rd Floor
The Podcast
The Girl Next Door
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In the Aeroplane Over the Sea
From Wikipedia, the free encyclopedia
Jump to: navigation, search
In the Aeroplane Over the Sea
Studio album by Neutral Milk Hotel
Released
February 10, 1998
Recorded
July–September 1997
Studio
Pet Sounds Studio, Denver, Colorado
Genre
Indie rock
psychedelic folk
lo-fi
Length
39:55
Label
Merge
Domino
Producer
Robert Schneider
Neutral Milk Hotel chronology
On Avery Island
(1996)On Avery Island1996 In the Aeroplane Over the Sea
(1998) Ferris Wheel on Fire
(2011)Ferris Wheel on Fire2011
Singles from In the Aeroplane Over the Sea
"Holland, 1945"
Released: October 13, 1998
In the Aeroplane Over the Sea is the second studio album by the American indie rock band Neutral Milk Hotel. It was released in the United States on February 10, 1998 on Merge Records and May 1998 on Blue Rose Records in the United Kingdom.
Songwriter Jeff Mangum moved from Athens, Georgia to Denver, Colorado to prepare the album's material with producer Robert Schneider, this time at Schneider's newly created Pet Sounds Studio at the home of Jim McIntyre.
In the years since its release, In the Aeroplane Over the Sea has come to be regarded as one of the greatest albums of the 1990s and of all time.[1][2] It was the sixth-best-selling vinyl album in 2008.[3]
Contents
[hide]
1 Background
2 Music and lyrics
3 Cover art
4 Release
5 Critical reception
6 Legacy
7 Track listing
8 Personnel
9 Accolades
10 References
11 Sources
12 Further reading
13 External links
Background[edit]
In the early 1990s, Mangum formed the Elephant Six musical collective in Athens, Georgia, which grew to encompass dozens of bands.[4]
Music and lyrics[edit]
In the Aeroplane Over the Sea contains influences of Eastern European folk, sound collage, and free jazz,[5] and features instruments including the musical saw, euphonium, Uilleann pipes,[5] accordion, brass, organ, and distorted guitars.[6] According to Pitchfork, the album "shifts from acoustic folkiness to loud, fast punk rock with little or no warning."[7]
Songwriter Jeff Mangum wrote much of the album about Anne Frank.[6] Before recording Neutral Milk Hotel's previous album, On Avery Island, Mangum had read The Diary of a Young Girl, the diary Frank kept while she was in hiding during the Nazi occupation of the Netherlands before she was discovered and died in a concentration camp. He was deeply affected by the book and spent "about three days crying", having dreams of travelling back in time and saving her;[6] this inspired the lyrics of "Oh Comely", in which Mangum sings: "I know they buried her body with others / her sister and mother and 500 families / and will she remember me 50 years later / I wished I could save her in some sort of time machine."[8] The album references Frank obliquely throughout; according to Mike McGonigal of Pitchfork, it functions as a "concept album you can listen to without even being aware it's a concept album".[5]
The song "Ghost", which contains the line "Ghost ghost I know you live within me", was inspired by a ghost Mangum believed lived in the house and "kept waking me up". The line is also a reference to Frank.[6] Mangum recorded his part of "Oh Comely" in one take; at the end of the song, a stunned band member can be heard shouting "Holy shit!"[4] The album concludes with the sound of Magnum setting down his guitar and walking away.[4]
Cover art[edit]
The postcard art edited by Chris Bilheimer to create the album cover
Wikiquote has quotations related to: In the Aeroplane Over the Sea
The album's cover was a collaboration between Mangum and R.E.M. designer Chris Bilheimer.[9] Mangum showed Bilheimer an old European postcard depicting people bathing at a resort, which Bilheimer cropped and altered to create the album cover.[10] Bryan Poole said that "Mangum was always into that old-timey, magic, semi-circus, turn-of-the-century, penny arcade kind of imagery."[10] Bilheimer also designed a broadsheet-style lyrics sheet for the album, and helped title "Holland, 1945" in the process; Mangum wanted to use either "Holland" or "1945", and Bilheimer suggested he use both.[11]
Release[edit]
Merge Records expected to sell 5,500 CD and 1,600 vinyl copies of In the Aeroplane over the Sea. In 2008, it was the sixth highest-selling vinyl album of 2008.[12] In 2008, Slate reported that the album was selling 25,000 copies a year.[4] By 2013, sales in the United States had exceeded 393,000.[13]
Critical reception[edit]
Professional ratings
Review scores
Source
Rating
AllMusic [14]
Encyclopedia of Popular Music [15]
Entertainment Weekly B+[16]
Mojo [17]
NME 6/10[18]
Pitchfork 10/10[19]
Rolling Stone [20]
The Rolling Stone Album Guide [21]
Spin 7/10[22]
Uncut [23]
In a contemporary review of In the Aeroplane Over the Sea, the College Music Journal called the album "a true lo-fi pop landmark" and cited "Holland, 1945" as a highlight.[24] Pitchfork's M. Christian McDermott described the album as "just as catchy as it is frightening" and wrote that it "does a credible job of blending Sgt. Pepper with early 90s lo-fi".[7] Spin's Erik Himmelsbach described it as an "unsettling travelogue torn between melancholy and glee", writing that Mangum "keeps you fixed on his every bewildered word".[22] Jason Ankeny of AllMusic wrote: "lo-fi yet lush, impenetrable yet wholly accessible, In the Aeroplane Over the Sea is either the work of a genius or an utter crackpot, with the truth probably falling somewhere in between." Ankeny also praised Mangum's vocals as "far more emotive" than they were on On Avery Island, and wrote of the lyrics: "Mangum spins his words with the rapid-fire intensity of a young Dylan, the songs are far too cryptic and abstract to fully sink in — In the Aeroplane Over the Sea is undoubtedly a major statement, but just what it's saying is anyone's guess."[14]
Robert Christgau of the Village Voice rated the album a "neither".[25] While he later wrote that the album "convinced alt diehards that maturity can be just as weird as growing up", he also called it "a funereal jape that gets my goat."[26] Ben Ratliff of Rolling Stone felt the album lacked editing and criticized Magnum's "strained" and "affectless" singing. He concluded: "For those not completely sold on its folk charm, Aeroplane is thin-blooded, woolgathering stuff."[20]
Legacy[edit]
"In the Aeroplane Over the Sea"
The third track of In the Aeroplane Over the Sea. This sample contains a portion of the song's second verse. Evident are the driving acoustic guitar progressions and the use of a multitracked singing saw.
"Holland, 1945"
The sixth track of In the Aeroplane Over the Sea. This sample contains the end of the second verse and the beginning of the chorus. The song prominently features distorted guitars, Jeremy Barnes's drumming, and horn arrangements by Robert Schneider and Scott Spillane.
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After completing a tour for In the Aeroplane, Magnum disappeared from the public eye, tired of performing and explaining his lyrics. His bandmates were keen to capitalise on the album's success, but Mangum was not interested, and declined an offer to open for R.E.M.[4] In the words of Slate, "At the end of Aeroplane's final song, you can hear Jeff Mangum [...] set down his guitar and walk off, and [...] that's exactly what Mangum did in real life."[4]
Subsequent reviews from Pitchfork and Rolling Stone were more positive; the latter gave the album four and half of five stars in its 2004 The New Rolling Stone Album Guide: Completely Revised and Updated 4th Edition, with reviewer Roni Sarig writing, "Mangum had put together something resembling an actual band, resulting in a far richer and more organic sound [than On Avery Island]. What's more, the songwriting had blossomed far beyond the bounds of Elephant 6 (or indie rock as a whole), with Mangum etching out timeless transcendentalist pop steeped in a century of American music (from funeral marches to driving punk)." Sarig also commended the album for its "passionate acoustic-guitar strums, irresistible melodies, and lyrics that rarely feel obtuse even when they're nonsensical."[27] Pitchfork, in a 2005 review written by Mark Richardson, gave the album a perfect score. Richardson praised the album's lyrical directness and "kaleidoscopic" musical style.[19] PopMatters named a reissue of the album one of the best of 2005, and wrote, "Aeroplane is arguably the pinnacle achievement of the Elephant 6 Collective (including bands like the Apples in Stereo, Circulatory System, Beulah), but its influence is wider still, in the obvious places (the Decemberists, the Arcade Fire) but also far beyond."[28] In 2014, Spin regarded the album as "a classic" and the band's "psych-folk opus."[29]
Arcade Fire frontman Win Butler named Aeroplane as a chief reason that his band signed to Merge.[30] Jesse Lacey of Brand New called In the Aeroplane Over the Sea "the greatest record ever written", and has covered "Holland, 1945", "Oh Comely", and "Two-Headed Boy, Part Two" in concert.[31][32] In August 2010 The Swell Season covered "Two-Headed Boy" for The A.V. Club's A.V. Undercover series.[33] Later, in the same year, American musical duo Dresden Dolls also covered "Two-Headed Boy" for The A.V. Club's Holiday Undercover series.[34] In 2010 a group called Neutral Uke Hotel began touring playing ukulele covers of all the songs on the album.[35] Phish covered "In the Aeroplane Over the Sea" in a concert on 26 June 2010 at Merriweather Post Pavilion in Columbia, Maryland.[36]
Track listing[edit]
All songs written by Jeff Mangum, except where indicated. Horn arrangements by Robert Schneider and Scott Spillane.
Side One
No.
Title
Length
1. "The King of Carrot Flowers, Pt. One" 2:00
2. "The King of Carrot Flowers, Pts. Two & Three" (writers: Jeremy Barnes, Julian Koster, Jeff Mangum, Scott Spillane) 3:06
3. "In the Aeroplane Over the Sea" 3:22
4. "Two-Headed Boy" 4:26
5. "The Fool" (writers: Spillane) 1:53
6. "Holland, 1945" 3:15
7. "Communist Daughter" 1:57
Side Two
No.
Title
Length
1. "Oh Comely" 8:18
2. "Ghost" 4:08
3. "Untitled" 2:16
4. "Two-Headed Boy, Pt. Two" 5:13
Total length: 39:55
Personnel[edit]
Jeff Mangum – vocals, guitar, organ, floor tom, bowed fuzz bass, tapes, shortwave radio, art direction
Jeremy Barnes – drums, organ
Julian Koster – Wandering Genie, the singing saw, bowed banjo, accordion, white noise
Scott Spillane – trumpet, trombone, flugelhorn, euphonium, horn arrangements
Robert Schneider – home organ, air organ, fuzz bass, harmony vocals, one-note piano, horn arrangements
Laura Carter – zanzithophone
Rick Benjamin – trombone
Marisa Bissinger – saxophone, flugelhorn
James Guyatt – percussion
Michelle Anderson – Uilleann pipes
Chris Bilheimer – art direction
Brian Dewan – illustrations
Accolades[edit]
Publication
Country
Accolade
Year
Rank
Amazon.com United States The 100 Greatest Indie Rock Albums of All Time[37] 2009 #2
Blender U.S. 100 Greatest Indie-Rock Albums Ever[38] 2007 #32
Entertainment Weekly U.S. Indie Rock 25[39] 2008 *
Magnet U.S. Top 60 Albums, 1993-2003[40] 2003 #1
Nude as the News U.S. The 100 Most Compelling Albums of the 90s[41] 1999 #3
Pitchfork U.S. Top 100 Albums of the 1990s[42] 2003 #4
Paste U.S. The Best 90 Albums of the 1990s[43] 2012 #2
Q magazine United Kingdom Top 30 Albums of the Past 25 Years[44] 2010 #16
Spin U.S. 100 Greatest Albums, 1985-2005[45] 2005 #97
Village Voice U.S. Pazz & Jop: Albums of the Year[46] 1998 #15
(*) denotes an unranked list.
References[edit]
Jump up ^ "Overall Chart". BestEverAlbums.
Jump up ^ "The 500 Greatest Albums Of All Time: 100–1". NME. October 25, 2013. Retrieved August 17, 2015.
Jump up ^ Kreps, Daniel (January 8, 2009). "Radiohead, Neutral Milk Hotel Help Vinyl Sales Almost Double in 2008". Rolling Stone. Retrieved March 5, 2009.
^ Jump up to: a b c d e f Clark, Taylor (2008-02-26). "The Salinger of Indie Rock". Slate. ISSN 1091-2339. Retrieved 2017-11-25.
^ Jump up to: a b c "Neutral Milk Hotel's In the Aeroplane Over the Sea | Pitchfork". pitchfork.com. Retrieved 2017-11-18.
^ Jump up to: a b c d "Neutral Milk Hotel". 2003-04-23. Archived from the original on 2003-04-23. Retrieved 2017-11-18.
^ Jump up to: a b McDermott, M. Christian. "Neutral Milk Hotel: In the Aeroplane Over the Sea". Pitchfork. Archived from the original on September 22, 2004. Retrieved November 16, 2007.
Jump up ^ Richardson, Mark (26 September 2005). "Neutral Milk Hotel: In the Aeroplane Over the Sea Album Review | Pitchfork". pitchfork.com. Retrieved 18 November 2017.
Jump up ^ Cooper 2005, p. 79.
^ Jump up to: a b Cooper 2005, p. 81.
Jump up ^ Cooper 2005, p. 82.
Jump up ^ "1998: Neutral Milk Hotel's 'In the Aeroplane Over the Sea' Takes Flight SPIN". www.spin.com. Retrieved 2017-11-18.
Jump up ^ "Neutral Milk Hotel Reunites, Announces Tour Dates". The Hollywood Reporter. Retrieved 2017-11-18.
^ Jump up to: a b Ankeny, Jason. "In the Aeroplane Over the Sea – Neutral Milk Hotel". AllMusic. Retrieved November 15, 2007.
Jump up ^ Larkin, Colin (2009). "Neutral Milk Hotel". The Encyclopedia of Popular Music (4th ed.). Oxford University Press. ISBN 0-199-72636-1. Retrieved March 5, 2017.
Jump up ^ Brunner, Rob (March 6, 1998). "In the Aeroplane Over the Sea". Entertainment Weekly. Retrieved November 13, 2015.
Jump up ^ "Neutral Milk Hotel: In the Aeroplane Over the Sea". Mojo: 130. 2005. Its opaque, surrealistic narratives about wartime Europe and two-headed children proceed in a breathless, mellifluous torrent across a lo-fi landscape of thrumming acoustics, soaring brass and, on the title track, massed bowed saws.
Jump up ^ Fadele, Dele (May 23, 1998). "Neutral Milk Hotel – In The Aeroplane Over The Sea". NME. Archived from the original on August 17, 2000. Retrieved November 13, 2015.
^ Jump up to: a b Richardson, Mark (September 26, 2005). "Neutral Milk Hotel: In the Aeroplane Over the Sea". Pitchfork. Retrieved November 16, 2007.
^ Jump up to: a b Ratliff, Ben (February 13, 1998). "In the Aeroplane Over the Sea". Rolling Stone. Archived from the original on July 16, 2010. Retrieved August 14, 2015.
Jump up ^ "Neutral Milk Hotel: Album Guide". Rolling Stone. Archived from the original on February 19, 2011. Retrieved January 24, 2016.
^ Jump up to: a b Himmelsbach, Erik (March 1998). "Neutral Milk Hotel: In the Aeroplane Over the Sea". Spin. 14 (3): 134–35. ISSN 0886-3032. Retrieved August 14, 2015.
Jump up ^ "Neutral Milk Hotel: In the Aeroplane Over the Sea". Uncut: 127. 2005. [W]ith unhinged evangelical urgency and ambitiously ramshackle arrangements...
Jump up ^ Helms, Colin (November 10, 2000). "Neutral Milk Hotel: In the Aeroplane Over the Sea". CMJ. Archived from the original on February 2, 2009. Retrieved November 16, 2007.
Jump up ^ Christgau, Robert (2000). "Neutral Milk Hotel: In the Aeroplane over the Sea". Christgau's Consumer Guide: Albums of the '90s. St. Martin's Press. ISBN 0-312-24560-2. Retrieved November 15, 2007.
Jump up ^ Christgau, Robert (March 2, 1999). "La-Di-Da-Di-Di? Or La-Di-Da-Di-Da?". The Village Voice. Retrieved November 15, 2007.
Jump up ^ Brackett & Hoard 2004, pp. 579–80.
Jump up ^ Layman, Will (December 19, 2005). "Best Reissues of 2005: 17 Neutral Milk Hotel, In the Aeroplane Over the Sea (Domino)". PopMatters. Retrieved November 16, 2007.
Jump up ^ "1998: Neutral Milk Hotel's 'In the Aeroplane Over the Sea' Takes Flight". Spin. July 23, 2014. Retrieved November 22, 2015.
Jump up ^ Schreiber, Ryan (February 14, 2005). "Interview: The Arcade Fire". Pitchfork. Retrieved November 17, 2007.
Jump up ^ Carioli, Carly (May 1, 2007). "Brand New singer covers Neutral Milk Hotel's 'Oh Comely'". The Phoenix. Retrieved December 24, 2007.
Jump up ^ "Jesse Lacey playing Neutral Milk Hotel's Two Headed Boy Part 2 at Mr. Smalls Theatre in Pittsburgh, PA on August 4th, 2008" on YouTube. Retrieved on July 16, 2012.
Jump up ^ "The Swell Season covers Neutral Milk Hotel". The A.V. Club. August 10, 2010. Retrieved July 16, 2012.
Jump up ^ "Dresden Dolls cover Neutral Milk Hotel". The A.V. Club. December 15, 2010. Retrieved April 9, 2013.
Jump up ^ Padgett, Ray (August 6, 2010). "Song of the Day: Neutral Uke Hotel, 'The King of Carrot Flowers Pt. One'". Cover Me. Retrieved July 16, 2012.
Jump up ^ "In the Aeroplane Over the Sea History". Phish.net. Retrieved May 12, 2016.
Jump up ^ "The 100 Greatest Indie Rock Albums of All Time". Amazon.com. March 23, 2009. Retrieved February 1, 2011.
Jump up ^ "100 Greatest Indie-Rock Albums Ever". Stereogum. November 14, 2007. Retrieved February 12, 2011.
Jump up ^ "Indie Rock 25". Entertainment Weekly. March 20, 2008. Retrieved January 4, 2013.
Jump up ^ "‘The Evidence’: Magnet's Top 60 Albums, 1993-2003 (10th Anniversary Issue)". Magnet. Retrieved on November 15, 2007.
Jump up ^ Carpenter, Troy. "3. Neutral Milk Hotel - In the Aeroplane Over the Sea". Nude as the News. Archived from the original on June 28, 2003. Retrieved November 15, 2007.
Jump up ^ LeMay, Matt (November 17, 2003). "Top 100 Albums of the 1990s: In the Aeroplane Over the Sea". Pitchfork. Retrieved November 15, 2007.
Jump up ^ Jackson, Josh (February 24, 2012). "The 90 Best Albums of the 1990s". Paste. Retrieved July 28, 2014.
Jump up ^ "Q's top 30 albums of the past 25 years: 16. In the Aeroplane Over the Sea - Neutral Milk Hotel". The Independent. December 23, 2010. Retrieved December 23, 2010.
Jump up ^ "100 Greatest Albums, 1985–2005". Spin. June 20, 2005. Retrieved February 1, 2011.
Jump up ^ "The 1998 Pazz & Jop Critics Poll". The Village Voice. March 2, 1999. Retrieved November 27, 2009.
Sources[edit]
Cooper, Kim (2005). In the Aeroplane Over the Sea. 33⅓. New York: Continuum International Publishing Group. ISBN 0-8264-1690-X.
Brackett, Nathan; Hoard, Christian, eds. (2004). The New Rolling Stone Album Guide: Completely Revised and Updated 4th Edition. New York: Simon & Schuster. ISBN 0-7432-0169-8.
Further reading[edit]
DeRogatis, Jim (2003). Turn On Your Mind: Four Decades of Great Psychedelic Rock. Milwaukee: Hal Leonard Corporation. ISBN 0-634-05548-8.
Heath, Max (April 28, 2008). "Transience and Transcendence in the Aeroplane Over the Sea". Glorious Noise. Retrieved April 8, 2010.
External links[edit]
In the Aeroplane Over the Sea at MusicBrainz (list of releases)
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Federal Rules of Civil Procedure
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For rules of civil procedure in each U.S. jurisdiction, see Civil procedure in the United States.
Civil procedure
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Federal Rules of Civil Procedure
Doctrines of civil procedure
Jurisdiction
Subject-matter
(Federal-question
Diversity

Supplemental
Removal)
Personal
(In personam
In rem
Quasi in rem)
Venue
Change of venue
Forum non conveniens
Pleadings
Complaint
(Cause of action
Case Information Statement
Class action (2005 Act) )
Demurrer
Answer (affirmative defense)
Reply
Counterclaim
Crossclaim
Joinder
Indispensable party
Impleader
Interpleader
Intervention
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Wikisource has original text related to this article:
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure (i.e. for civil lawsuits) in United States district (federal) courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of procedure. (States may determine their own rules, which apply in state courts, although most states have adopted rules that are based on the FRCP.)
The Rules, established in 1938, replaced the earlier procedures under the Federal Equity Rules and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity. The Conformity Act required that procedures in suits at law conform to state practice usually the Field Code and common law pleading systems. Significant revisions have been made to the FRCP in 1948, 1963, 1966, 1970, 1980, 1983, 1987, 1993, 2000, and 2006. (The FRCP contains a notes section that details the changes of each revision since 1938, explaining the rationale behind the language). The revisions that took effect in December 2006 made practical changes to discovery rules to make it easier for courts and litigating parties to manage electronic records.
The Federal Rules of Civil Procedure were amended in 1966 to unify the civil and admiralty procedure, and added the Supplemental Rules for Certain Admiralty and Maritime Claims (now Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions).
The FRCP were completely rewritten, effective December 1, 2007, under the leadership of a committee headed by law professor and editor of Black's Law Dictionary, Bryan A. Garner, for the avowed purpose of making them easier to understand. The style amendments were not intended to make substantive changes in the rules.[1]
Effective December 1, 2009 substantial amendments were made to rules 6, 12, 13, 14, 15, 23, 27, 32, 38, 48, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72 and 81. While rules 48 and 62.1 were added. Rule 1 (f) was abrogated. The majority of the amendments affect various timing requirements and change how some deadlines are calculated. The most significant changes are to Rule 6.
Before the FRCP were established, common-law pleading was more formal, traditional, and particular in its phrases and requirements. For example, a plaintiff bringing a trespass suit would have to mention certain key words in his complaint or risk having it dismissed with prejudice. In contrast, the FRCP is based upon a legal construction called notice pleading, which is less formal, is created and modified by legal experts, and is far less technical in requirements. In notice pleading, the same plaintiff bringing suit would not face dismissal for lack of the exact legal term, as long as the claim itself was legally actionable. The policy behind this change is to simply give "notice" of grievances and to leave the details for later in the case. This acts in the interest of equity by concentrating on the actual law rather than the exact construction of pleas.
Thirty-five states have adopted procedural codes based on the Federal Rules, but sometimes there are slight variations.
In addition to notice pleading, a minority of states (e.g., California) use an intermediate system known as code pleading, which is a system older than notice pleading and which is based upon legislative statute. It tends to straddle the gulf between obsolete common-law pleading and modern notice pleading. Code pleading places additional burdens on a party to plead the "ultimate facts" of its case, laying out the party's entire case and the facts or allegations underlying it. Notice pleading, by contrast, simply requires a "short and plain statement" showing only that the pleader is entitled to relief. (FRCP 8(a)(2)). One important exception to this rule is that, when a party alleges fraud, it must plead the facts of the alleged fraud with particularity. (FRCP 9(b)).
(The Field Code, which was adopted between 1848 and 1850, was an intermediate step between common law and modern rules, created by New York attorney David Dudley Field. Field's code, among other reforms, merged law and equity proceedings.)
Contents
[hide]
1 Titles of Rules
1.1 Title I – Scope of the FRCP
1.2 Title II – Commencement of Suits
1.3 Title III – Pleadings and Motions
1.4 Title IV – Parties
1.5 Title V – Discovery
1.6 Title VI – Trial
1.7 Title VII – Judgment
1.8 Title VIII – Provisional and Final Remedies
1.9 Title IX – Special Proceedings
1.10 Title X. District Courts and Clerks: Conducting Business; Issuing Orders
1.11 Title XI. General Provisions
1.12 Title XIII – Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions
2 See also
3 References
4 Further reading
5 External links
Titles of Rules[edit]
There are 86 rules in the FRCP, which are grouped into 11 titles. Listed below are the most commonly used categories and rules.
Title I – Scope of the FRCP[edit]
Rules 1 and 2.
Title I is a sort of "mission statement" for the FRCP; Rule 1 states that the rules "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action." Rule 2 unifies the procedure of law and equity in the federal courts by specifying that there shall be one form of action, the "civil action."
Title II – Commencement of Suits[edit]
Rules 3 to 6.
Title II covers commencement of civil suits and includes filing, summons, and service of process. Rule 3 provides that a civil action is commenced by filing a complaint with the court. Rule 4 deals with procedure for issuance of a summons, when the complaint is filed, and for the service of the summons and complaint on the defendants. Rule 5 requires that all papers in an action be served on all parties and be filed with the court. Rule 6 deals with technical issues, which concern the computation of time, and authorizes the courts to extend certain deadlines in appropriate circumstances.
Title III – Pleadings and Motions[edit]
Rules 7 to 16.
Title III covers pleadings, motions, defenses, and counterclaims. The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer.
Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the plaintiff does not have to pre-guess the remedy most likely to be accepted by the court.
Rule 8(b) states that the defendant's answer must admit or deny every element of the plaintiff's claim.
Rule 8(c) requires that the defendant's answer must state any affirmative defenses.
Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more statements of a claim or defense alternatively or hypothetically." If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. A party may state inconsistent (even mutually exclusive) claims or defenses.
Rule 10 describes what information should be in the caption (the front page) of a pleading, but does not explain how such information should actually be organized in the caption. The FRCP is notoriously vague on how papers should be formatted. Most of the details missing from the FRCP are to be found in local rules promulgated by each district court and in general orders by each individual federal judge. For example, federal courts in most West Coast states require line numbers on the left margin on all filings (to match local practice in the courts of the states in which they sit), but most other federal courts do not.
Rule 11 requires all papers to be signed by the attorney (if party is represented). It also provides for sanctions against the attorney or client for harassment, frivolous arguments, or a lack of factual investigation. The purpose of sanctions is deterrent, not punitive. Courts have broad discretion about the exact nature of the sanction, which can include consent to in personam jurisdiction, fines, dismissal of claims, or dismissal of the entire case. The current version of Rule 11 is much more lenient than its 1983 version. Supporters of tort reform in Congress regularly call for legislation to make Rule 11 stricter.
Rule 12(b) describes pretrial motions that can be filed.
lack of subject matter jurisdiction
lack of personal jurisdiction
improper venue
insufficient process
insufficient service of process
failure to state a claim upon which relief can be granted; and
failure to join a party under Rule 19
The Rule 12(b)(6) motion, which replaced the common law demurrer, is how lawsuits with insufficient legal theories underlying their cause of action are dismissed from court. For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955 (No. 05-1126) (2007) (citations, internal quotation marks and footnote omitted). 12(b)(6) is the second of three procedural "hurdles" a cause of action must surmount before it gets to a trial (the first are the two jurisdictional dismissals, found in 12 (b)(1) and (2), and the third is summary judgment, found in Rule 56). A 12(b)(6) motion cannot include additional evidence such as affidavits. To dispose of claims with insufficient factual basis (where the movant must submit additional facts to demonstrate the factual weakness in the plaintiff's case), a Rule 56 motion for summary judgment is used.
Rules 12(g) and 12(h) are also important because they state that if 12(b)(2)-12(b)(5) motions are not properly bundled together or included in an answer/allowable amendment to an answer, they are waived. Additionally, because 12(b)(1) motions are so fundamental, they may never be waived throughout the course of litigation, and 12(b)(6) and 12(b)(7) motions may be filed at any time until trial ends.
Rule 13 describes when a defendant is allowed or required to assert claims against other parties to the suit (joinder). The law encourages people to resolve all their differences as efficiently as possible; consequently, in many jurisdictions, counterclaims that arise out of the same transaction or occurrence (compulsory counterclaims) must be brought during the original suit, or they will be barred from future litigation (preclusion).
Rule 14 allows parties to bring in other third parties to a lawsuit.
Rule 15 allows pleadings to be amended or supplemented. Plaintiffs may amend once before an answer is filed, a defendant can amend once within 21 days of serving an answer, and if there is no right to amend, seek leave of court ("leave shall be given when justice so requires.")
Title IV – Parties[edit]
Rules 17 to 25.
Rule 17 states that all actions must be prosecuted in the name of the real party in interest, that is, the plaintiff must be person or entity whose rights are at issue in the case.
Rule 18 – Joinder of Claims and Remedies – states that a plaintiff who may plead in a single civil action as many claims as the plaintiff has against a defendant, even if the claims are not related, and may request any remedy to which the law entitles the plaintiff. Of course, each claim must have its own basis for jurisdiction in the court in which it is brought or be subject to dismissal.
Rule 19 – Compulsory Joinder of Parties – if a person who is not a party to the suit is "necessary" to just adjudication of the action, under the criteria set forth in subsection (a), then upon motion of any party that person shall be made a party, served with suit, and required to participate in the action. If the person cannot be made a party for any reason, such as lack of jurisdiction, inability to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party is "indispensable". If so, the action must be dismissed.
Rule 20 Permissive Joinder of Parties. Joinder of parties at common law was controlled by the substantive rules of law, often as reflected in the forms of action, rather than by notions of judicial economy and trial convenience. Permissive joinder of plaintiffs allows the plaintiffs having an option to join their claims when they were not joint. (Ryder v. Jefferson Hotel Co.)
Rule 22 governs the procedure for interpleader. It allows an interpleader to be brought by a plaintiff who is subject to multiple liability even though 1. the claims or title they are based on lack common origin, are independent and averse and 2. the plaintiff denies any of the claims in whole or part. A defendant exposed to similar liability may also seek interpleader.
Rule 23 governs the procedure for class action litigation. In a class action, a single plaintiff or small group of plaintiffs seeks to proceed on behalf of an entire class who have been harmed by the same conduct by the same defendants. Court approval is required for this procedure to be used. Rule 23.1 governs derivative suits in which a plaintiff seeks to assert a right belonging to a corporation (or similar entity) in which the plaintiff is a shareholder, on behalf of the corporation that is not pursuing the claim itself. Rule 23.2 governs actions by or against unincorporated associations.
Title V – Discovery[edit]
Rules 26 to 37.
Title V covers the rules of discovery. Modern civil litigation is based upon the idea that the parties should not be subject to surprises at trial. Discovery is the process whereby civil litigants seek to obtain information both from other parties and from non parties (or third parties). Parties have a series of tools with which they can obtain information:
Document requests (Rule 34): a party can seek documents and other real objects from parties and non parties
Interrogatories (Rule 33): a party can require other parties to answer 25 questions
Requests for admissions (Rule 36): A party can require other parties to admit or deny the truth of certain statements
Depositions (Rule 30): A party can require at most 10 individuals or representatives of organizations to make themselves available for questioning for a maximum of one day of 7 hours, without obtaining leave of court.
FRCP Rule 37 oversees the possible sanctions that someone may seek if a failure to preserve data takes place and outlines how courts interpret if one party is at a disadvantage.[2][3]
Federal procedure also requires parties to divulge certain information without a formal discovery request, in contrast to many state courts where most discovery can only be had by request. Information covered by this initial disclosure is found in Rule 26(a)(1)(A), includes information about potential witnesses, information/copies about all documents that may be used in the party's claim (excluding impeachment material), computations of damages, and insurance information. Information about any expert witness testimony is also required.
Notable exceptions to the discovery rules include impeachment evidence/witnesses, "work product" (materials an attorney uses to prepare for the trial especially documents containing mental impressions, legal conclusions, or opinions of counsel), and experts who are used exclusively for trial prep and will not testify.
FRCP Rule 26 provides general guidelines to the discovery process, it requires the plaintiff to initiate a conference between the parties to plan the discovery process.[4] The parties must confer as soon as practicable after the complaint was served to the defendants—and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b). The parties should attempt to agree on the proposed discovery plan, and submit it to the court within 14 days after the conference.[4] The Discovery Plan must state the parties' proposals on subject of the discovery, limitations on discovery, case management schedule and timing deadlines for each stage of the discovery process, including:[4][5]
End-date of the discovery. This should be at least 60 days before the trial. The trial target date is usually 6 months to 2 years after the conference.
Amendments to the deadlines for filing pleadings under FRCP 7&15, if any.
Deadline for amending pleadings. Normally it is at least 30 days before the discovery ends.
Deadline for joining claims, remedies and parties (FRCP 18&19). Normally it is at least 30 days before the discovery ends.
Deadline for initial expert disclosures and rebuttal expert disclosures. Normally it is at least 30 days before the discovery ends.
Deadline for dispositive motions. Usually it is at least 30 days after the discovery end-date.
Deadline for Pre-trial order. If any dispositive motions are filed, the Joint Pretrial Order can be filed at least 30 days after the last decision on the merits.
Unless all parties agree otherwise, the parties should submit to each other the initial disclosures under Rule 26(a) within 14 days after the conference.[4] Only after the initial disclosures have been sent, the main discovery process begins which includes: depositions, interrogatories, request for admissions(RFA) and request for production of documents(RFP). As stated above, there is a limitation on number of interrogatories and depositions, but there is no limitation on RFAs and RFPs. Some states, like California, have different limitations set in their Local Rules. FRCP requires that the party to whom the request for Interrogatories, RFA or RFP is directed must respond in writing within 30 days after being served, otherwise the requestor can file a motion to compel discovery and for sanctions.
Title VI – Trial[edit]
Rules 38 to 53.
Title VI deals generally with the trial of civil actions, although some other topics are also included. Rules 38 and 39 deal with the parties' right to a trial by jury and the procedure for requesting a jury trial instead of a bench trial and trials by an advisory jury. These rules must be construed in light of the Seventh Amendment to the United States Constitution, which preserves a right to jury trial in most actions at common law (as opposed to equity cases). Rule 40 deals in general terms with the order in which cases will be scheduled for trial and has little significance in practice.
Rule 41 deals with dismissal of actions. An action may be voluntarily dismissed at any time by the plaintiff prior to the defendant's filing of an Answer or Motion for Summary Judgment.[6] In such an instance, the court retains jurisdiction only to award attorneys fees or costs (in rare circumstances). With certain exceptions (e.g. class actions), an action may also be dismissed at any time by agreement of the parties (e.g. when the parties reach a settlement). An action may also be involuntarily dismissed by the court if the plaintiff fails to comply with deadlines or court orders.
Rule 42 deals with consolidation of related cases or the holding of separate trials. Rule 43 addresses the taking of testimony, which is to be taken in open court whenever possible. Rule 44 governs authentication of official records.
Rule 45 deals with subpoenas. A subpoena commands a person to give testimony, to produce documents for inspection and copying, or both. Although included in the Chapter headed "trials," subpoenas can also be used to obtain document production or depositions of non-parties to the litigation during the pre-trial discovery stage.
Rule 46 provides that formal "exceptions" to court rulings are no longer necessary so long as a sufficient record is made of the objecting party's position.
The next several rules govern jury trials. Rule 47 provides for the selection of jurors and rule 48 governs the number of jurors in a civil case. A civil jury must consist of between six and twelve jurors (six jurors are presently used in the vast majority of federal civil trials; juries of twelve are still required in federal criminal cases). Rule 49 provides for use of "special verdicts" in jury trials, under which the jury may be asked to respond to specific questions rather than just finding liability or non-liability and determining the amount of the damages, if any. Rule 50 addresses situations in which a case is so one-sided that the court may grant "judgment as a matter of law" taking the case from the jury. Rule 51 governs jury instructions.
Rule 52 provides procedure for the judge to hand down findings and conclusions following non-jury trials. Rule 53 governs masters, who are typically lawyers designated by the court to act as neutrals and assist the court in a case.
Title VII – Judgment[edit]
Rules 54 to 63.
Rule 56 deals with summary judgment. It is considered the last gate-keeping function before trial, answering the question of whether the claim could even go to a jury. A successful summary judgment motion persuades the court there is no "genuine issue of material fact" and also that the moving party is "entitled to judgment as a matter of law."
The moving party can show that the disputed factual issues are illusory, can show a lack of genuine issue by producing affidavits or can make a showing through discovery. The movant can point either to the other side's inadequacies or can affirmatively negate the claim.
The moving party has the burden of production; it has to come up with some evidence that there's no genuine issue of material fact. Then the burden shifts to the non-moving party, which has to show that the claim is adequate to let it get to the jury. The non-movant can submit affidavits, depositions, and other material.
The burden shifts again to the moving party, which must say that there's still no genuine issue of material fact. A court grants summary judgment when there is no way the movant can lose at trial. When the moving party is the plaintiff, then it has to show that there's no way that a jury could find against it.
(A partial summary judgment usually pertains only to certain claims, not the whole case.)
Rule 50 also deals with judgments as a matter of law, however Rule 50 decisions take place after a jury has been empanelled. A motion under Rule 50(a) generally takes place immediately after the opposing party has finished presenting its case and must take place before the case is submitted to the jury. Importantly, to keep open the option of moving for a "judgment notwithstanding the verdict," or "judgment non obstante verdicto" after the jury has returned a verdict, one must file a Rule 50(a) motion. Under the Federal Rules of Civil Procedure, the two are not separate motions, the JNOV motion is simply a renewed Rule 50(a) motion. A renewed 50(a) motion must be filed within 28 days of verdict entry.
Rule 50 also covers motions for a new trial. These motions can be granted, denied, conditionally granted, or conditionally denied. Conditional grants or denials cover what will happen if the case is reversed on appeal. For instance, a case that ends with a successfully renewed Rule 50(a) motion to overturn the jury verdict may also include a conditional grant of a new trial. If the losing party wins their appeal, the trial will start over again. A motion for a new trial is a Rule 59(a)(1) motion and is generally filed simultaneously and as an alternative to a renewal of a Rule 50(a) motion.
Title VIII – Provisional and Final Remedies[edit]
Rules 64 to 71.
This Title deals with remedies that may be granted by a federal court – both provisional remedies that may be ordered while the action is pending as well as final relief that may be granted to the winning party at the end of the case.
Rule 64 is captioned "Seizure of Person or Property" and authorizes procedures such as Prejudgment attachment, replevin, and garnishment. In general, these remedies may be awarded when they would be authorized under the law of the state in which the federal court is located – a rare instance in which the Federal Rules of Civil Procedure, generally designed to promote uniformity of practice in the federal districts throughout the country, defer to state law.
Rule 65 governs the procedure on applications for preliminary injunctions and temporary restraining orders.
Rule 65.1 addresses security and suretyship issues arising when the court orders a party to deposit security such as a bond.
Rule 66 deals with receivership.
Rule 67 deals with funds deposited in court, such as in interpleader actions.
Rule 68 governs the offer of judgment procedure under which a party may make a confidential offer of settlement in an action for money damages.
Rules 69 and 70 deal with execution of judgments and orders directing a party to take a specific act. Rule 71 deals with the effect of judgments on persons who are not parties to the action.
Title IX – Special Proceedings[edit]
Rules 71.1 to 76.
Chapter IX currently deals with special types of litigation that may take place in the federal courts. A former version of Chapter IX, contained in the original Rules of Civil Procedure, dealt with appeals from a District Court to a United States Court of Appeals. These rules were abrogated in 1967 when they were superseded by the Federal Rules of Appellate Procedure, a separate set of rules specifically governing the Courts of Appeals.
Rule 71.1 deals with procedure in condemnation actions.
Rule 72 sets forth procedures for matters before United States magistrate judges, including both "dispositive" and "nondispositive" matters, and provides for review of the magistrate judge's decision by a District Judge.
Rule 73 provides that Magistrate Judges may preside over certain trials consistent with statute and upon the consent of all parties.
At present, there are no rules numbered 74 through 76.
Title X. District Courts and Clerks: Conducting Business; Issuing Orders[edit]
Rules 77 to 80
Title XI. General Provisions[edit]
Rules 81 to 86
Title XIII – Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions[edit]
Rule A outlines the scope and application of the supplementary rules in respect to certain remedies under admiralty and maritime claims, forfeiture actions in rem, and the procedure in statutory condemnation proceedings analogous to maritime actions.
Rule B deals with attachment and garnishment in in personam actions.
Rule C applies to actions in rem to enforce maritime liens or pursuant to federal statute which provides for a maritime actions in rem.
Rule D deals with possessory, petitory, and partition actions in admiralty actions.
Rule E applies to actions in personam with process of maritime attachment and garnishment, actions in rem, and petitory, possessory, and partition actions.
Rule F relates to limitation of liability actions in relation to vessel owners.
Rule G deals with forfeiture actions in rem arising from federal statute.
See also[edit]
Foman v. Davis
Subpoena duces tecum
Subpoena ad testificandum
References[edit]
Jump up ^ Staff, LII (30 November 2011). "Rule 1. Scope and Purpose". LII / Legal Information Institute.
Jump up ^ "Employee Locks Up Computer and Unlocks a Court's Sanctioning Power - Zapproved". 4 May 2016.
Jump up ^ "What Does FRCP Rule 37(e) Mean Now?". www.arma.org.
^ Jump up to: a b c d "FRCP Rule 26".
Jump up ^ "NH DISCOVERY PLAN Guidelines". Archived from the original on 2014-04-21.
Jump up ^ Rule 41(A)(1)(a)(i)
Further reading[edit]
Federal Rules of Civil Procedure; 2017 Edition. ISBN 9781942842101.
External links[edit]
Federal Rules of Civil Procedure - Latest Edition (www.federalrulesofcivilprocedure.org)
2016-2017 Amendments to the Federal Rules of Civil Procedure (Effective on December 1, 2016)
Complete text of Federal Rules of Civil Procedure (Cornell University Law School)
Motions to Dismiss Under FRCP 12(b)(6) and 12(b)(1) (Authorized excerpt from "Responses to Complaints" in R. Haig (ed.), Business and Commercial Litigation in Federal Courts (1st Ed., West 1998))
Retrieved from "https://en.wikipedia.org/w/index.php?title=Federal_Rules_of_Civil_Procedure&oldid=824151381"
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Emily Head
From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
British actress
Emily Head
Head in 2010
Born
Emily Rose Head
(1988-12-15) 15 December 1988 (age 29)
Fulham, London, England
Occupation
Actress, presenter
Years active
2003–present
Parent(s)
Anthony Head
Sarah Fisher
Relatives
Daisy Head (sister)
Murray Head (uncle)
Emily Rose Head (born 15 December 1988) is an English actress, best known for playing Carli D'Amato in E4's BAFTA-winning sitcom The Inbetweeners.[1][2] She has portrayed Rebecca White in the ITV soap opera Emmerdale since October 2016.
Contents
1 Early life
2 Career
2.1 Emmerdale
3 Filmography
4 References
5 External links
Early life[edit]
Emily Head is the elder daughter of actor Anthony Head.[3] She attended the BRIT School in Croydon, where she completed a BTEC course in acting and was a schoolmate of singers Katy B and Adele.[4]
Career[edit]
Head played a supporting role as Carli D'Amato in E4's sitcom, The Inbetweeners from 2008 until 2010 as well as appearing in its film The Inbetweeners Movie.[5][6]
Head also appeared in an episode of M.I. High, in which she played an evil mastermind involved in a bank scam.
In 2011, she appeared alongside Coronation Street star Craig Gazey in Jason Hall's play Third Floor.[7]
In December 2011, Head played Melissa Milcote in the Bristol Old Vic production of Helen Edmundson's Coram Boy at the Colston Hall in Bristol.[8]
In 2013, it was announced she would be appearing in the forthcoming Bravo drama Rita, playing the title character's daughter.[9][10]
In 2014, she played the iconic role of Angela "Ange" in an in-the-round production of Abigail's Party at Leicester's Curve.
Emmerdale[edit]
In September 2016, it was announced Head would be joining the cast of the popular soap opera Emmerdale, playing the role of Rebecca White. Rebecca is the daughter of Lawrence White (John Bowe), half-sister of Chrissie White (Louise Marwood) and aunt of Lachlan White (Thomas Atkinson). Head made her first appearance as Rebecca on 11 October 2016.
Filmography[edit]
Year
Title
Role
Notes
2005 Trial & Retribution: The Lovers Natalie Franke One episode
2007 Doc Martin Poppy, "Movement" One episode
2008 The Invisibles Grace Riley[11] Supporting role
2008–2010 The Inbetweeners Carli D'Amato Main role
2010 MI High Bre (Waitress) One episode
2010 Doctors Liz Wates One episode
2011 The Inbetweeners Movie Carli D'Amato
2011 My Piece of the Pie Baby-sitter Londres One episode
2011 William & Catherine: A Royal Romance William's University Friend Hallmark Movie
2012 Robot Chicken Bella Swan / Mary Poppins / Wife Three episodes
2015 Doctors Paula Dowling One episode
2016–2018 Emmerdale Rebecca White Regular role
2017 Loose Women Herself Guest panellist
References[edit]
Jump up ^ Husband, Stuart (30 July 2011). "Emily Head: The Inbetweeners actress on the men in her life (including her famous father)". Daily Mail. Retrieved 17 December 2013.
Jump up ^ "Emily Head: Nudity in Inbetweeners". The Belfast Telegraph. 11 March 2010. Retrieved 17 December 2013.
Jump up ^ "Good looks must run in the family! Anthony Head brings his pretty actress daughters to the screening of Joss Whedon's Much Ado About Nothing". Daily Mail. 11 June 2013.
Jump up ^ "Emily Head: The Inbetweeners actress on the men in her life (including her famous father)". Daily Mail. 30 July 2011.
Jump up ^ The Official Emily Head Site Archived 9 May 2008 at the Wayback Machine.
Jump up ^ Pink, Stuart (23 November 2009). "'I won't strip for lads mags'". The Sun (UK). Retrieved 17 December 2013.
Jump up ^ Masters, Tim (4 October 2011). "Corrie star Craig Gazey heads for Third Floor". BBC. Retrieved 17 December 2013.
Jump up ^ "Bristol Old Vic Theatre". Bristol Old Vic. 31 May 2018.
Jump up ^ Eames, Tom (17 June 2013). "'Inbetweeners' star Emily Head joins US drama 'Rita'". Digital Spy. Retrieved 17 December 2013.
Jump up ^ "Emily Head aiming to crack America". TV Guide (UK). 17 June 2013. Retrieved 17 December 2013.
Jump up ^ Liz (20 August 1996). "The Official Emily Head Site Filmography". Anthonyshead.org. Retrieved 17 August 2011.
External links[edit]
Emily Head on IMDb

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Retrieved from "https://en.wikipedia.org/w/index.php?title=Emily_Head&oldid=865718197"
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This page was last edited on 25 October 2018, at 18:11 (UTC).
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