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88, 89


73 (a)


Rule for Filing bond for costs on appeal to

circuit court of appeals.---------- 73 (c, e) for Filing demand for jury trial.----- 38 (d) for Filing depositions: for notice of filing----

---- 30 (f, 1, 3), 31 (b, c) 41, 43 for Filing designations for record on

appeal to circuit court of appeals.--5 (a, d), 75 (a) 5-6, 7, 91 for Filing master's report, transcript,

35 (c, d, 1) 66–67 for Filing narrative form statement of

testimony for record on appeal to
circuit court of appeals---

75 (c)
for Filing notice of appeal to circuit

court of appeals-----
for Filing notice of dismissal of action

by plaintiff ---
for Filing offer of judgment and notice

of acceptance with proof of service..
for Filing papers after complaint has
been filed.----

5 (d) for Filing record on appeal in circuit

court of appeals.------- ------- 73 (g), 75 (j)
for Filing reporter's transcript of

evidence for record on appeal to
circuit court of appeals-------

75 (b) for Filing requests for instructions to

jury---------------------------for Filing temporary restraining order issued without notice.----

65 (b) 81–82 for Giving supersedeas bond.-------- 62 (d), 73 (e) 78–79, 89 for Hearing and determination of

motion to dissolve or modify tem-
porary restraining order issued with-
out notice...

65 (b) 81-82
for Hearing and disposition of motions
which require notice and hearing--- 6 (d), 12 (d), 8, 16, 73, 81-

'56 (c), 65

82, 97

(b), 78
for Hearing motions and pleadings

presenting certain defenses under
Rule 12...

------ 6 (d), 12 (d), 78 8, 16, 97 for Hearing motions for judgments on

pleadings.-------------------- 6 (d), 12 (d), 78 8, 16, 97 for Hearing motion for preliminary in

junction after issuance of temporary

restraining order without notice--- 65 (b) 81-82
for Hearing motion for summary judg-

56 (c)
for Hearing of certain defenses under
Rule 12 -----

12 (d), 78 16,97 for Inspection, etc., of documents,

property, etc., to be specified in

45–46 for Instructing jury----

49, 51 62–63, 64 for Issuance of summons---

2 of Issuance of temporary restraining

order without notice to be endorsed
on order.-----

65 (b) 81-82 when Judgment becomes effective.... 58, 79 (a) 75, 97-98


66, 67






39, 40, 43






Rule for Mailing notice of filing of master's report...

53 (e, 1) for Master to set first meeting of parties or attorneys.--

53 (d, 1) Materiality of averments of, in pleadings --------

9 (f) for Meeting of parties or their attor

neys after reference to master------ 53 (c, d, 1) for Motion for bill of particulars and pleadings thereafter. -----

12 (a, e) for Motion for judgment in accordance

with motion for directed verdict---- 50 (b) for Motion for judgment on pleadings. 12 (c) for Motion for leave to bring in third parties in third-party practice-----

14 for Motion for new trial.-----

59 (b) for Motion for protective orders in

connection with deposition exami-

-------- 30 (b, d), 31 (d) for Motion for relief from judgments,

orders, etc., obtained against a party
through his mistake, inadvertence,

surprise or excusable neglect------- 60 (b)
for Motion for summary judgment in
behalf of claimant.------

56 (a, c) for Motion for summary judgment in

behalf of defending party ------ 56 (b, c) for Motion making defenses and objections under Rule 12----

2------------ 12 (b, c, e-h) for Motion to amend findings or for additional findings...

52 (b) for Motion to amend pleadings to con

form to evidence and raise issues not
raised by them.---

15 (b) for Motion to quash subpoena for pro

duction of documentary evidence.. 45 (b) for Motion to strike redundant, im

material, impertinent, or scandalous
matter from pleadings.--------

12 (8) for Motion to suppress deposition.--- 32 (d) of Notation of judgment or order in

civil docket to be shown therein... 79 (a) of Notice of motion to dissolve or

modify temporary restraining order. 65 (b) of Notice of motion to permit service

of supplemental pleadings.-------- '15 (d) of Notice of motion to take depositions pending appeal...

27 (b) of Notice of taking depositions on oral examination.--------

29, 30 for Objections to errors and irregulari

ties in connection with depositions. for Objections to instructions to juryfør Objections to interrogatories to

parties----------for Objections to receiving depositions

in evidence--------------------- 26 (e), 32 (c) for Objections to ruling or order of

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court.--for Objections under Rule 12

60-61 14-18



Rule for Order extending time for docket

ing appeal and for filing record on

appeal to circuit court of appeals. 73 (g) for Ordering new trial, on initiative of court --------

59 (d) for Orders for advancement, conduct, or hearing of actions.--

78 for Orders for costs in connection with

summary judgment affidavits ----for Payment of master's compensation.

53 (a) of Physical or mental examination of party to be stated in order.--

35 (a) for Pleading--------- 12 (a), 15 (a, 16), 81 (a, 6, c)

56 (g)

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6 (d)


31 (a)

42-43 52, 102–103

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for Rendering judgment on motion for summary judgment.--

56 (c) for Requesting instructions to the jury. 49 (a), 51 for Service of acceptance of offer of judgment.-----

68 for Service of affidavits and opposing

affidavits on motion for new trial.. 59 (c) for Service of affidavits on motion for

summary judgments.------------- 56 (a, b, c, f) for Service of affidavits supporting or

opposing motions, general provi

sions as to-----for Service of answers to interrogatories to parties.----

33 for Service of cross-interrogatories,

etc., on deposition examination -for Service of demand for jury trial.-- 38 d),

81 (C) for Service of designations for record

on appeal to circuit court of appeals. for Service of motions for new trial.-for Service of motions to review clerk's

54 (d) for Service of motions for summary judgment.------

56 (a, b, c) for Service of motions, in relation to time of hearing, generally -----

6 (d) for Service of motions under Rule 12,

in relation to other pleadings and motions.---for Service of notice of application for judgment by default --

55 (b, 2) for Service of notice of application for order to take depositions before ac

27 (a, 2) for Service of notice of entry of order or judgment.--

77 (d) for Service of notice of hearing of motions, generally -----

6 (d) for Service of objections to form of

written interrogatories in connec-
tion with depositions.---

32 (c, 3)
for Service of objections to master's

53 (e, 2)


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32 (a)

31 (d)

27 (b)






for Service of objections to notice of
taking depositions.--.

for Service of offer of judgment.----


for Service of pleadings.--------- 12 (a), 15 (a, d), 14-15, 20–

81 (a, 6, c) 22, 101-103
for Service of requests for admissions

regarding documents and facts.---- 36 (a)
for Service of response to requests for

admission of documents or facts---- 36 (a)
for Setting aside under U. S. C., 28:118

of judgment against defendant not
personally notified.----

60 (b) 7677
for Settlement or approval of form of

58 75
when Stay by supersedeas becomes

62 (d) 78–79
Subpoena to state time for attendance. 45 (a)

for Substitution of parties.------

25 (a, d) 29-31
for Taking depositions pending action. 26 (a), 30 (a), 32, 38–39, 43
for Taking depositions pending appeal.
for Taking depositions, stipulations as
of Taking effect of rules.----

for Taxation of costs by clerk.------- 54 (d)

Term's expiration does not affect-----

6 (c)
Within which execution may not issue. 62 (a, f) 7778, 79
Within which proceedings to enforce

judgment may not be taken.----- 62 (a, f) 7778, 79
Title: Judgments vesting title in lieu of
directing conveyance------

Title of Rules: Rules may be known and

cited as “Federal Rules of Civil Pro-


Cost of, fixing by court, payment in

first instance by party ordering,

taxing ultimately as costs------ 80 (a, b) 98–99
Ordered for motions for new trial,

amended findings or appeals, official
stenographers' work to be arranged

to avoid delay in furnishing ------ 80 (b)
of Proceedings, etc., before master,
filing of --------


53 (e, 1)
of Proceedings or evidence for record

on appeal to circuit court of appeals. 75 (b)
Transfer of Interest: Effect on parties.... 25 (c)
Assignment of cases for -----

Calendars for. See Calendars.
Certain defenses raised by pleading or
motion may be deferred until ---

12 (d)
to be Conducted in open court and, if
convenient, in regular court room..

77 (b)
Consolidation of actions for..-------
Defenses and objections which may be

raised at, although not pleaded, dis-
position of.----

Defenses may be asserted at, when
no responsive pleading required.---

12 (b)


42 (a)


42 (a)


Issues for trial may be specified at
summary judgment hearing----

56 (d)
Issues for trial, number of expert wit-

nesses, etc., may be determined at

pre-trial conference------
Joint trials ..
by Jury: See Jury.
by Jury or by court; how determined.
New trials. See New Trials.
Objections to receiving depositions as
evidence at.------

26 (e)
Separate. See Separate Trials.
Testimony of witnesses at---

Use of depositions at..----- 26 (a, d-f), 27 (a, 4, b)

38, 39



56-57 32, 33–34,


Trustees: of Express trusts may sue in own

name without joining the party for
whose benefit the action is brought-

17 (a)


114-115 1, 11, 24,

111, 111-112



Unfair Competition: Complaint for, and copyright infringement.---

Form 17 Union of Law and Equity----- ------ 1, 2, 8 (e, 2),

18, Note to Form

12, Form 13 United States:

Actions against, statutory provisions
for trial without jury ----

39 (c)
Actions in name of, for use or benefit of

17 (a)
Appeals by, or by officer or agency

thereof, or by direction of U. S.
government department, no secu-
rity for stay of enforcement of judg-

ment required of appellant.------ 62 (e)
Costs against, or against its officers or

agencies, to be imposed only to ex-
tent permitted by law.---

54 (d)
Counterclaims and credits against

United States, or its officers or
agencies, limited.-------

13 (d)
Expenses and attorney's fees not to be

imposed on, under Rule 37.------- 37 (f) Judgments by default against, or

against its officers or agencies..--- 55 (e) Pleadings by, or by its officers or

agencies, time for service of.---- 12 (a) Security not required of, or of its

officers or agencies, before issue of
restraining order or preliminary

65 (c)
Service of summons and complaint on

United States or a federal officer or

4 (d, 4, 5)
Subpoenas issued on behalf of, or of its

officers or agencies, tender of fees

and mileage not required.--------- 45 (c)
Suits by or against officers, procedure
in case of death, resignation, etc.---

25 (d)

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