RULE 18. AMENDED AND SUPPLEMENTAL PLEADINGS (a) Amendments: A party may amend his pleading once as (b) Amendments to Conform to the Evidence: When issues (c) Relation Back of Amendments: Whenever the claim or (d) Supplemental Pleadings: Upon motion of a party the (e) Amendments to Printed Pleadings: Amendments to a (f) Amended Typewritten Pleadings: In case the original RULE 19. THIRD-PARTY PRACTICE (a) When Third Parties May Be Brought In: The Court on may be asserting a claim or contingent claim for the recovery of money paid by the United States in respect of the transaction or matter which constitutes the subject matter of the suit to appear as a party or parties and defend their interest, if any, in such suit. Such motion if made by plaintiff shall be filed at the time the petition is filed; if made by the United States, it shall be filed on or before the date on which it is required to answer. (b) Motion for Notice to Third Parties: Either party desiring to bring in a third party shall file with the Clerk a written motion, which shall comply with the requirements of Rule 7 and in addition shall (1) State the name and address of such person or persons, if known; (2) If the address of such person or persons is unknown, or if such person or persons reside outside the jurisdiction of the United States, or there is good reason why personal service on such person or persons cannot be had, be accompanied by an affidavit showing why personal service cannot be had on such person or persons and stating the last known address of such person or persons; (3) Set forth the interest which such person or persons appear to have in the suit; (4) Be accompanied by one copy of each pleading theretofore filed in the suit for each person to be notified. (c) Issuance and Service of Notice: (1) If the Court on its own motion or on the motion of either party orders any third person or persons to be notified, pursuant to paragraphs (a) and (b) of this rule, the Clerk shall issue an original and one copy of notice for each third person to be notified. The notice shall contain the names of the parties, a statement of the time within which such third person is required to appear, and shall state that in case the third party fails to appear and assert a claim in the subject matter of the suit, his claim or interest therein shall forever be barred. The notice shall indicate that it is accompanied by a copy or copies of the pleadings filed in said suit, naming such pleadings. (2) Upon the issuance of such notice upon motion of a party, the notice with the accompanying pleadings shall be delivered by the Clerk to the moving party, who shall at his expense cause the same to be served by the United States Marshal for the judicial district wherein the person or persons to be notified may be found and the return of such service shall be made directly to the Clerk of this Court. (3) When the Court directs the issuance of a notice to a third person or persons on its own motion, each of the existing parties shall, on request of the Clerk, deliver to the Clerk a sufficient number of copies of pleadings filed by such party to provide the third party to be notified with a copy of each of such pleadings, and the Clerk shall forthwith issue such notice as specified in subparagraph (1) of paragraph (c) of this rule, and shall forward the same with accompanying copies of the pleadings to the Attorney General for service by the United States Marshal in the judicial district where the person to be notified may be found. (d) Service of Notice by Publication: Where, upon motion of a party, the Court directs the issuance of a notice to a person or persons upon whom personal service cannot be had, the moving party shall cause such notice to be published in a newspaper of general circulation in a place designated in the Court's order, for a specified time, not less than once in each of four successive weeks. On or before the day of the first publication, the moving party shall send a copy of the notice by registered mail to such person at his last known address and shall file with the Clerk an affidavit showing such mailing. The moving party shall procure an affidavit of the publisher showing that publication of the notice has been had as required by the Court's order and file such affidavit with the Clerk who shall make an entry on his docket that publication has been had. The affidavit of mailing and the publisher's affidavit, together with the Clerk's entry, 284483-54 shall constitute proof of service by publication. Service shall be deemed complete on the date of the last publication. The costs of such service by publication shall be paid by the party at whose instance it was made. (e) Motion for Summons to Third Parties: When the United States is asserting a claim for damages or other demands against a third person or persons for the recovery of money paid by the United States in respect of the transaction or matter which constitutes the subject matter of any pending suit and desires to have such third person or persons brought in, it shall file a written motion which shall comply with the requirements of subparagraphs (1), (3), and (4) of paragraph (b) of this rule and shall further briefly describe the claim or contingent claim which the United States is asserting against such third person or persons. At the time the motion is filed the United States shall also file an appropriate pleading setting forth, in the form and manner specified in Rule 17, the claim or contingent claim which it is asserting against such third person or persons. (f) Issuance and Service of Summons: If the Court, on motion of the United States, summons a third person or persons pursuant to paragraphs (a) and (e) of this rule to answer a claim or contingent claim asserted by the United States, the Clerk shall issue an original and one copy of such summons for each person to be summoned. The summons shall contain the names of the parties and a statement of the time within which the party summoned is required to appear and answer. The summons also shall state that the United States is asserting a claim against such person as described in the accompanying pleading of the United States and shall further state that if such third person fails to appear and answer the claim asserted by the United States judgment pro confesso may be entered against such third person upon the claim of the United States to the same extent as if said third person had appeared and admitted the truth of all the allegations made on behalf of the United States. The summons shall indicate that it is accompanied by a copy or copies of all pleadings |