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EGATION O

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2. That each of the following statements is true.
(Here list the statements.)
Signed: -------

Attorney for Plaintiff.
Address: ------
Form 26.—ALLEGATION OF REASON FOR OMITTING PARTY

When it is necessary, under Rule 19 (c), for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below:

John Doe named in this complaint is not made a party to this action [because he is not subject to the jurisdiction of this court]; [because he cannot be made a party to this action without depriving this court of jurisdiction].

Form 27.-NOTICE OF APPEAL TO CIRCUIT COURT OF APPEALS

UNDER RULE 73 (b) Notice is hereby given that C. D. and E. F., defendants above named, hereby appeal to the Circuit Court of Appeals for the Second Circuit (from the order (describing it)] [from the final judgment] entered in this action on

----------, 19.-.
Signed: --------

Attorney for Appellants C. D. and E. F.
Address: --

Note

Use either the material in the first set of brackets or that in the second, as the case requires. If the appeal is from a part only of an order or judgment that part must be specified.

Rule 73 (b) does not require the appellee to be named. It does require the clerk to notify all other parties than appellant.

INDEX

TO THE
RULES OF CIVIL PROCEDURE FOR THE
DISTRICT COURTS OF THE

UNITED STATES

Prepared by the staff of the
ADVISORY COMMITTEE ON RULES

FOR CIVIL PROCEDURE

INDEX

Pago

30
119
10-11

108

45-46.
49-50
66, 68

7778
7172
23–24

------

100

Rule
Abatement:

Death of one or more of several parties

not to cause.------------------ 25 (a, 2)
Plea in: defense in answer equivalent
in effect to ..

---- Note to Form 20
Accord and Satisfaction: to be pleaded as
affirmative defense...

8 (c)
Accounts:
Complaint on an account.---

Form 4
Inspection, etc., of, by order to produce,
etc.-------

--------------- 34, 37 (b, 2)
before Masters: reference, stating, ex-
amination, etc.--------

53 (b, d, 3)
Orders for accounting in patent in-

fringement cases; stay of enforce-
ment of order-----------
Taking, in entering judgment by de-
fault-------

55 (b, 2)
Act of Congress: See Statutes.
Administrators: as Parties-----

17
Admiralty: Rules not to apply to proceed-
ings in.-----

81 (a, 1)
Admissibility of Evidence. See Evidence.
Admissions:

Denial of request for; expenses if facts

and documents proved.
of Documents at pre-trial conference--

16
of Document's genuineness, requests
for, etc.....

----- 36, 37 (c), Form 25
of Facts at pre-trial conference..

16
of Facts, requests for, etc.---- 36, 37 (c), Form 25
Failure to deny averments in plead-
ings, when to constitute admission..

8 (d)
Use in summary judgment proceed-

56 (c)
Adoption Proceedings:

in District Court for District of Colum-
bia, applicability of rules.-

81 (a, 1)
Affidavits:

See also Oath; Verification.
of Amount due for entry of judgment
by default-----

55 (b, 1)
of Failure to plead or defend as pre-

liminary to entry of default------- 55 (a)
in Granting temporary restraining

orders without notice, contents.... 65 (b)
on Motion for new trial.--

59 (c)

22

47-48, 50,
125-126

22
47-48, 50,

125-126

ings ------

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Affidavits—Continued.

Rule
on Motion for summary judgment.---
to Pleadings, when necessary --------
of Service of process by person other

other than marshal or deputy------
Supporting or opposing motions, serv-

ice of..

Use of, at hearing of motions.-------
Affirmations:

See also Affidavits; Oath; Verification.
Acceptance in lieu of an oath..

43 (d)
Agencies of the United States. See United

States.
Alternate Jurorg.

47 (b)
Amendment:

Correction of certain errors and cleri-

cal mistakes, judgments, orders, or
record..

60 (a)
of Findings by the court.. 52 (b), 59 (a), 62 (b), 80 (b)

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of Findings of fact and conclusions of

law on motion for new trial.------- 59 (a)
of Judgments on motion to amend
findings by court------

52 (b)
of Pleadings. See Pleadings.
of Process ----
of Proof of service of process.--
of Rules made by district courts;

power; furnishing copies to Su-

preme Court-----
Answer.

See also Defenses; Pleadings.
with Counterclaim for interpleader... Form 21
to Interrogatories. See Interroga-

tories.
of Intervener, accompanying motion

to intervene as a defendant.------ Form 23
Joinder of claims in answer containing

counterclaim.---
on the Merits as a defense in answer.. Note to

Form 20
under Oath, equity rule as to effect as

evidence of, abolished..
Presenting defenses under Rule 12 (b). Form 20
a Required pleading--------

7 (a)
Time for, in proceedings to cancel

citizenship certificates -----------
Time for, in removed actions.---

81'(c)
Time for service of ----------- 12 (a), 81 (a, b, c)
Answer to Cross-Claim:

See also Defenses; Pleadings.
a Required pleading, if answer contains

a cross-claim.---

Time for service of .----
Appeals:

in Adoption proceedings in District

Court for District of Columbia, rules
are applicable to-------

81 (a, 1)
Allowance of, on appeals from district

court to Supreme Court...-----

11

14
118-119

101.-102
102–103

14-15,
101-103

14-15

100

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