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THE ACT OF JUNE 19, 1934, CH. 651 Be it enacted * * * That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant. They shall take effect six months after their promulgation, and thereafter all laws in conflict therewith shall be of no further force or effect.

Sec. 2. The court may at any time unite the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both: Provided, how ver, That in such union of rules the right of trial by jury as at common law and declared by the seventh amendment to the Constitution shall be preserved to the parties inviolate. Such united rules shall not take effect until they shall have been reported to Congress by the Attorney General at the beginning of a regular session thereof and until after the close of such session. (Act of June 19, 1934, c. 651, $$ 1,2 (48 Stat. 1064), U. S. C., Title 28, $$ 723b, 723c.)

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III. Pleadings and Motions—Continued.

Rule 9. Pleading Special Matters:

(a) Capacity

(b) Fraud, Mistake, Condition of the Mind.

(c) Conditions Precedent..----

(d) Official Document or Act...

(e) Judgment...

(f) Time and Place.....

(g) Special Damage-----

Rule 10. Form of Pleadings:

(a) Caption; Names of Parties.--------

(b) Paragraphs; Separate Statements.--

(c) Adoption by Reference; Exhibits...-

Rule 11. Signing of Pleadings.-------

Rule 12. Defenses and Objections—When and How

Presented-By Pleading or Motion-Motion

for Judgment on Pleadings:

(a) When Presented.--------

(b) How Presented.--------

(c) Motion for Judgment on the Pleadings.

(d) Preliminary Hearings.-.-.

(e) Motion for More Definite Statement or

for Bill of Particulars -----

(f) Motion to Strike -------

(g) Consolidation of Motions...

(h) Waiver of Defenses.----

Rule 13. Counterclaim and Cross-Claim:

(a) Compulsory Counterclaims.........

(b) Permissive Counterclaims....

(c) Counterclaim Exceeding Opposing Claim.

(d) Counterclaim Against the United States.

(e) Counterclaim Maturing or Acquired

After Pleading-------

(f) Omitted Counterclaim...---

(8) Cross-Claim Against Co-Party-...

(h) Additional Parties May Be Brought in..

(i) Separate Trials; Separate Judgments.---

Rule 14. Third-Party Practice:

(a) When Defendant May Bring in Third


(b) When Plaintiff May Bring in Third Party.

Rule 15. Amended and Supplemental Pleadings:

(a) Amendments..-------

(b) Amendments to Conform to the Evidence.

(c) Relation Back of Amendments.--..

(d) Supplemental Pleadings-----

Rule 16. Pre-Trial Procedure; Formulating Issues...

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IV. Parties:

Rule 17. Parties Plaintiff and Defendant; Capacity:

(a) Real Party in Interest...

(b) Capacity to Sue or Be Sued.........

(c) Infants or Incompetent Persons.-----

Rule 18. Joinder of Claims and Remedies:

(a) Joinder of Claims...

(b) Joinder of Remedies; Fraudulent Con-


Rule 19. Necessary Joinder of Parties:

(a) Necessary Joinder.......

(b) Effect of Failure to Join.--------------

(c) Same: Names of Omitted Persons and

Reasons for Non-Joinder to be Pleaded.

Rule 20. Permissive Joinder of Parties:

(a) Permissive Joinder.-----

(b) Separate Trials.--------

Rule 21. Misjoinder and Non-Joinder of Parties..

Rule 22. Interpleader..--.--

Rule 23. Class Actions:

(a) Representation.-----

(b) Secondary Action by Shareholders.---

(c) Dismissal or Compromise.....

Rule 24. Intervention:

(a) Intervention of Right.

(b) Permissive Intervention..

(c) Procedure.

Rule 25. Substitution of Parties:

(a) Death.--

(b) Incompetency-------
(c) Transfer of Interest -----
(d) Public Officers; Death or Separation from


V. Depositions and Discovery:

Rule 26. Depositions Pending Action:

(a) When Depositions May Be Taken......

(b) Scope of Examination.

(c) Examination and Cross-Examination...

(d) Use of Depositions.-------------------

(e) Objections to Admissibility..

(f) Effect of Taking or Using Depositions...

Rule 27. Depositions Before Action or Pending Appeal:

(a) Before Action:

(1) Petition..

(2) Notice and Service.

(3) Order and Examination.

(4) Use of Deposition.

(b) Pending Appeal.

(c) Perpetuation by Action.....

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