Federal Rules of Civil Procedure

Front Cover
DIANE Publishing, 1993 - 139 pages
Contains the Federal Rules of Civil Procedure together with forms. The rules & forms have been promulgated & amended by the U.S. Supreme Court pursuant to law, & further amended by Acts of Congress. Covers: pleadings & motions, parties, depositions & discovery, trials, judgment, district courts & clerks & much more. Includes 34 forms.

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Page 15 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 40 - ... upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Page 10 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (15) a demand for judgment for the relief to which he deems himself entitled.
Page 18 - Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
Page 45 - Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.
Page 71 - The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable.
Page 89 - These rules shall not be construed to extend or limit the jurisdiction of the district courts of the United States or the venue of actions therein.
Page 1 - Rule 2. One Form of Action. There shall be one form of action to be known as "civil action".
Page 7 - Upon an individual other than an infant or an incompetent person by delivering a copy of the summons and of the complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein...
Page 8 - legal holiday" includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state in which the district court is held.

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