Final Report of the Advisory Committee on Rules for Civil Procedure Appointed by the Supreme Court of the United States |
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Page 8
... trial , shall be made in writing , shall state with particularity the grounds therefor , and shall set forth the relief or order sought . The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing ...
... trial , shall be made in writing , shall state with particularity the grounds therefor , and shall set forth the relief or order sought . The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing ...
Page 11
... trial on the merits , the responsive pleading may be served within 10 days after notice of the court's action ; ( 2 ) if the court grants a mo- 27246-37-2 tion for a more definite statement or for a bill RULES OF CIVIL PROCEDURE 11.
... trial on the merits , the responsive pleading may be served within 10 days after notice of the court's action ; ( 2 ) if the court grants a mo- 27246-37-2 tion for a more definite statement or for a bill RULES OF CIVIL PROCEDURE 11.
Page 13
... trial on the merits , and except ( 2 ) that , whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdic- tion of the subject matter , the court shall dismiss the action . The objection or defense , if ...
... trial on the merits , and except ( 2 ) that , whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdic- tion of the subject matter , the court shall dismiss the action . The objection or defense , if ...
Page 14
... Trial Procedure ; Formulating Issues . Page 45 , line 27. Strike " shall control " and substitute " controls " . Page 45 , line 28. After " action " change the period to a comma and insert " unless modified at the trial to prevent ...
... Trial Procedure ; Formulating Issues . Page 45 , line 27. Strike " shall control " and substitute " controls " . Page 45 , line 28. After " action " change the period to a comma and insert " unless modified at the trial to prevent ...
Page 17
... trial or hearing " . Subdivision ( f ) , page 69 , line 107. After " deposition " strike the period and insert " , but this shall not apply to the use by an adverse party of a deposition described in paragraph ( 2 ) of subdivision ( d ) ...
... trial or hearing " . Subdivision ( f ) , page 69 , line 107. After " deposition " strike the period and insert " , but this shall not apply to the use by an adverse party of a deposition described in paragraph ( 2 ) of subdivision ( d ) ...
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Common terms and phrases
adverse party affidavits affirmative defense Allegation of jurisdiction Alternate jurors Amend to read amended Subdivision answer averments Begin the word Circuit Court civil docket Civil Procedure clerk copy costs counterclaim Court of Appeals cross-claim default for failure defendant C. D. deponent deposition directed verdict district court Diversity of Citizenship entitled entry examination Form infringement INTERPLEADER interrogatories issue IX DISTRICT judgment against defend Letters Patent letters rogatory line 18 line 20 manner provided NOTE order or judgment paragraph pending peremptory challenge period and insert person plaintiff demands judgment pleading proceedings provided in Rule read as follows relief Rule 11 Rule 74 sert statute Strike claim strike the comma strike the period Strike the sentence Subdivision d Subdivision g substitute demand substitute period substitute the following subtitle summons Supreme Court testimony thereof thousand dollars tion trial by jury United United States Attorney Wherefore plaintiff demands
Popular passages
Page 10 - The signature of an attorney constitutes a certificate by him that he has read the pleading, that to the best of his knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay.
Page 30 - The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose.
Page 21 - A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States.
Page 56 - They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the amendments take effect would not be feasible or would work injustice, in which event the former procedure applies, (c) EFFECTIVE DATE OF AMENDMENTS.
Page 6 - ... the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect...
Page 17 - If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.
Page 26 - The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Page 17 - Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.
Page 12 - Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon him or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
Page 30 - The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, crossclaims, counterclaims, third-party claims, or issues...