Federal Rules of Civil ProcedureContains 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 v
... appeals . ( b ) Such rules shall not abridge , enlarge or modify any substan- tive right . All laws in conflict with ... appeal under section 1291 of this title . ( Added Pub . L. 100-702 , title IV , § 401 ( a ) , Nov. 19 , 1988 , 102 ...
... appeals . ( b ) Such rules shall not abridge , enlarge or modify any substan- tive right . All laws in conflict with ... appeal under section 1291 of this title . ( Added Pub . L. 100-702 , title IV , § 401 ( a ) , Nov. 19 , 1988 , 102 ...
Page vi
... of the United States in civil actions , including admiralty and maritime cases , and appeals therein , and the practice and proce- dure in proceedings for the review by the courts of VI AUTHORITY FOR PROMULGATION OF RULES.
... of the United States in civil actions , including admiralty and maritime cases , and appeals therein , and the practice and proce- dure in proceedings for the review by the courts of VI AUTHORITY FOR PROMULGATION OF RULES.
Page vii
dure in proceedings for the review by the courts of appeals of de- cisions of the Tax Court of the United States and for the judicial review or enforcement of orders of administrative agencies , boards , commissions , and officers ...
dure in proceedings for the review by the courts of appeals of de- cisions of the Tax Court of the United States and for the judicial review or enforcement of orders of administrative agencies , boards , commissions , and officers ...
Page xi
... Appeals " and Rules 72-76 , and Form 27 . Additional amendments were adopted by the Court by order dated March 30 , 1970 , transmitted to Congress by the Chief Jus- tice on the same day ( 398 U.S. 977 ; Cong . Rec . , vol . 116 , pt . 7 ...
... Appeals " and Rules 72-76 , and Form 27 . Additional amendments were adopted by the Court by order dated March 30 , 1970 , transmitted to Congress by the Chief Jus- tice on the same day ( 398 U.S. 977 ; Cong . Rec . , vol . 116 , pt . 7 ...
Page xvii
... Appeal : ( 1 ) Petition ....... ( a ) Before Action : ( 2 ) Notice and Service . ( 3 ) Order and Examination ...... ( 4 ) Use of Deposition ............. ( b ) Pending Appeal .. ( c ) Perpetuation by Action . Rule 28. Persons Before ...
... Appeal : ( 1 ) Petition ....... ( a ) Before Action : ( 2 ) Notice and Service . ( 3 ) Order and Examination ...... ( 4 ) Use of Deposition ............. ( b ) Pending Appeal .. ( c ) Perpetuation by Action . Rule 28. Persons Before ...
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Common terms and phrases
Abrogated Additional amendments Admiralty and Maritime adverse party affidavits amended Dec amendments affected Rules amendments were adopted answer appeal application appointed April 29 assert attorney averments Chief Jus claim for relief class action clerk Comm complaint Cong copy costs counterclaim Court by order cross-claim December 29 deposition disclosure discovery dismissal district court district judge evidence Exec failure filing Form Interpleader interrogatories issue joinder magistrate judge maritime claim ment Misjoinder motion for judgment notice offer of judgment officer order dated April party's pending permitted person pleader prescribed pretrial procedure proceedings provided in Rule reasonable record request responsive pleading served service of process Stat statute stipulation subdivision subpoena summons Supreme Court testimony thereof third-party defendant third-party plaintiff tion Title 28 transactions or occurrences transmitted to Congress trial by jury United States attorney United States Code unless the court verdict
Popular passages
Page 13 - 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 16 - 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.