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Rule

Page

United States Attorney: Service of sum-

mons and complaint against United
States or officer or agency thereof on...

4 (d, 4, 5)

3-4

82

103

Venue:
Allegations of, in pleading------- Note 3 to Form 2

107
Dismissal for improper venue . as an
adjudication on the merits ------

41 (b) 54-55
for Filing petition to perpetuate testi-

mony by deposition before action. 27 (a, 1)
Improper venue, as a defense, when

and how presented: waiver: motion
to dismiss for.--- 12, Note 3 to Form 2, Form 1914–18, 107,

117–118
Not extended or limited by the rules..
Verdicts:

See also Jury.
Copies to be included in record on

appeal to circuit court of appeals.-- 75 (g) 92-93
Directed verdicts. See Directed Ver-

dicts.
Effect of, in actions not triable of right
by jury------

39 (c)
Interrogatories to jury in connection
with general verdict.-------------

49 (b), 58 62–63, 75
Judgment, entry of, upon.----

49, 58 62–63, 75
of Majority of jurors, stipulations as

3

to----

62

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Notation in civil docket; file num-

bers to be marked thereon.---
Setting aside for error; limitations

upon.------
Setting aside, on motion for judgment

in accordance with prior motion for

directed verdict------------------

Special verdicts--------------------
Verification:

See also Affidavits; Oath.
of Complaint for 'temporary restrain-

ing order without notice------
of Complaint in secondary actions by

shareholders.----
of Petition to perpetuate testimony by

deposition before action.--------..
to Pleadings, when necessary ........

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W
Waiver:

of Defenses under Rulo 12.--------- 12 (b, g, h)
of Errors and irregularities in connec-
tion with depositions.--

32
of Examination and reading of depo-
sition by witness-

30 (e), 31 (b)
of Jury trial: by failure to serve and

file demand; by stipulation ----- 38 (d), 39 (a, b)
of Jury trial does not result from

motion for direoted verdict...
of Jury trial, in removed aotions.....

15–18

43-44
40–41, 43

52–53

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WIDESD-----------------

63

102-103

Page

62

43–44
15-18
10-11

8 (c)

63
40-41, 43

33

56

72-74

------------

Waiver-Continued.

Rule
of Jury trial, when special verdicts re-

quired, by failure to demand sub-

mission of omitted issues to jury--- 49 (a)
of Objections in connection with
depositions.---------------------

32
of Objections under Rule 12.------ 12 (b, g, h)
to be Pleaded as affirmative defense..
of Right to offer evidence, motion for
directed verdict not to constitute -

50 (a)
of Signature of witness to deposition.. 30 (e), 31 (b)
Witnesses:

See also Evidence.
Absence of, as reason for using deposi-
tion of...

26 (d, 3)
Affidavits of, at summary judgment

proceeding --------
Certified public accountants as, before
masters-----

53 (d, 3)
Competency of, how determined.----

43 (a)
Consequences to, of refusal to answer

interrogatories or questions or be

sworn on deposition examination.-- 37 (a, b, d)
Contempt for refusal to be sworn or to

answer interrogatories or questions
at deposition examination---------

37 (b, 1)
Contradiction of--------------- 26 (c, d, f), 43 (b)
Costs may be imposed upon, on pro-

tective order in connection with

deposition examination.---------- 30 (d), 31 (d)
Credibility of; trial court's opportunity

to judge, to be given due regard in
proceedings to set aside trial court's
findings of fact.----

52 (a)
Cross-examination of, at deposition
examination.------

26 (c)
Cross-examination of, at trials.---

43 (b)
at Deposition examination: stating of

names and addresses of, in notice... 30 (a), 31 (a)
Depositions of, before action, taking,
use, etc...

27 (a)
Depositions of, pending action, taking,
using, etc...

% 26, 29–32, 37

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32-34,
38–44,
48–51

Depositions of, pending appeal, taking,
use, etc----

27 (b)
Examination by deposition pending
action...-----

· 26, 29–32, 37

37

32–34,
38–44.
48-51

Examination of, at taking of deposi-
tions before action-------

27 (a, 3)
Examination of, at taking of deposi-
tions pending appeal..--

27 (b)
Examination of, at trials.-

43 (b)
Expert witnesses, limitation of num-
ber of, at pre-trial conference------

16
Hostile or unwilling witnesses may be

asked leading questions---------- 26 (c), 43 (b)

32, 56

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Witnesses—Continued.

Rule
Impeachment of ----- ------- 26 (c, d, f), 43 (b)
Introduction in evidence of deposi-

tions pending action makes depo-
nents witnesses of party introducing;
exceptions.-----

26 (f)
Leading questions.--

------ 26 (c), 43 (b)
before Masters.-----

--- 53 (c, d, 2)
Oath at deposition examination ----- 30 (c), 31 (b)
Perpetuation of testimony of, by ac-
tion.----

27 (0)
Perpetuation of testimony of, by de-
position before action.---

27 (a)
Perpetuation of testimony of, by de-
position pending appeal.---

27 (b)
Physician's testimony may be ex-

cluded for refusal to make report of
physical or mental condition of

party.----------- --------- 35, (b,
Privilege of party as to testimony re-

garding physical or mental condi-
tion; waiver...

35 (b, 2)
Proof at later trial of testimony at

earlier trial by stenographic tran-
script of evidence..----

80 (c)
Protective orders for, in connection

with deposition examination...---- 30(b, d), 31(d)
Signature of depositions; waiver---- 30 (e), 31 (b)
Submission of deposition to, after

examination; waiver--------- 30 (e), 31 (b)
Subpoenas. See Subpoenas.
Taking deposition pending action does

not make deponent witness.------ 28 (f)
Testimony of, form in record on appeal

to circuit court of appeals--------- 75 (c, e)
Testimony of, to be taken orally in

open court; exception.-. 26 (d, 3), 43 (a), 53 (b)
Workmen's Compensation: Review of or-

ders under Longshoremen's and Harbor
Workers' Act, rules not applicable to.---

81 (a, 6)
Writs. See Process.
Written Instruments. See Documents.
Written Interrogatories. See Interroga-

tories.

47

39, 40, 43
40-41, 43

40–41, 43

34
91–92
33, 56, 66

101-102

NOTES

то тНЕ

RULES OF CIVIL PROCEDURE FOR THE DISTRICT COURTS OF THE

UNITED STATES

As prepared under the direction of the
ADVISORY COMMITTEE ON RULES

FOR CIVIL PROCEDURE

MARCH 1938

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