RULE 23. MISJOINDER OF PARTIES; DROPPING OR ADDING PARTIES; SEVERANCE

Misjoinder of parties is not ground for dismissal of an action. At any stage of the action and on such terms as are just, parties may be dropped or added by order of the Court (1) of its own initiative, or (2) on motion of any party, except that no new party plaintiff shall be added to a petition filed by multiple plaintiffs upon motion of any of such multiple plaintiffs. Any claim against a party may be severed and proceeded with separately.

RULE 24. INTERVENTION

(a) When Permitted: Upon timely application anyone may be permitted to intervene in an action (1) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action, or (2) where the applicant has a pecuniary interest in the subject matter of the main action.

(b) Procedure: A person desiring to intervene shall file with the Clerk a motion to intervene, together with a copy for each of the other parties. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought, together with a copy for each of the other parties, which shall be served by the Clerk as provided in Rule 3. Upon the granting of such motion, the pleading shall be printed and served in the manner provided in Rules 1 and 3.

RULE 25. SUBSTITUTION OF PARTIES

(a) Death: (1) If a party dies, the Court upon application made within two years after the death may order substitution of the proper parties. If the application is made after two years, the Court may order substitution but only upon the showing of a reasonable excuse for failure to apply within that period. If substitution is not so made, the action shall be dismissed as to the

deceased party. An application for substitution may be made by the successors or representatives of the deceased party, or by any party, filed and served on parties as provided in Rule 7.

(2) In the event of the death of one or more of the plaintiffs in an action in which the right sought to be enforced survives only to the surviving plaintiffs, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.

(b) Incompetency: If a party becomes incompetent, the Court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against his representative.

(c) Transfer of Interest: In the case of any transfer of interest, the action may be continued by or against the original party, except that where the transfer is not prohibited by law the Court may, upon motion, direct the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule.

IV. DISCOVERY; CALLS; PRETRIAL; DEPOSITIONS

RULE 26. DISCOVERY AND PRODUCTION OF DOCUMENTS AND THINGS FOR INSPECTION, COPYING, OR PHOTOGRAPHING

(a) Order To Produce: Upon motion of any party showing good cause therefor and upon notice to all other parties, the Court may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which are in his or its possession, custody, or control and which constitute or contain evidence (including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts) regarding any matter that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party; or (2) order any party to permit entry upon designated land or other property in his or its possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated object or operation thereon which is relevant as described in (1) above.

(b) Relation to Admissible Evidence: It is not ground for objection to the motion that the evidence will be inadmissible at the trial if the evidence sought appears reasonably calculated to lead to the discovery of admissible evidence.

(c) Scope of Order: The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just. The Court may make an order that the inspection, copying,

measuring, surveying, or photographing shall be limited to certain matters, or that secret processes, developments, or research need not be disclosed; or the Court may make any other order which justice requires to protect the party from annoyance, embarrassment, or oppression.

(d) Designation of Department or Agency: Every motion filed under subdivision (a) of this rule which seeks an order directed to the United States shall specify the department or agency of the United States, which, according to the moving party's information and belief, has possession, custody, or control of the documents or things sought to be produced or which has possession or control of the land or property sought to be entered. Any order issued pursuant to such a motion shall be directed to the United States and not to any specific department or agency thereof.

RULE 27. CALLS

(a) By the Court on Its Own Motion: On its own motion the Court may at any time call upon any department or agency of the United States for any information or papers it deems nec

essary.

(b) In Behalf of the Parties: Upon motion by any party for call upon any adverse party, the Court may order such adverse party to file with the Clerk (subject to the provisions of subdivision (c) (2) of this rule), within such time as the Court in its order may specify, for purposes of discovery or for use as evidence at the trial, (1) any documents, papers, books, accounts, letters, photographs, objects, or other tangible things, not privileged, shown to be relevant to the issues of the case, or (2) information relating to the identity and location (i) of persons having knowledge of relevant facts, or (ii) of documents or things described in (1) above. Every order for the production of documents or things shall direct that insofar as possible the response to the call shall include either the original and one copy or duplicate copies of each item to be filed.

(c) When Not Made; When Modified: (1) No call will be made in behalf of any party for any document or thing which, prior to the motion for call, has been produced by the adverse party for inspection, copying, or photographing pursuant to an order issued under Rule 26, except upon a showing by the moving party that duplication by him by copying or photographing the document or thing was impracticable for the purposes of the discovery to be made or the proof to be adduced by him.

(2) Upon a showing by the party to whom a call has been directed, made 15 or more days before the date on which the call is required to be answered, that any document or thing called for has been or will be produced by him at a specified time and place for inspection, copying, or photographing by the moving party, the call may be modified to the extent of excusing the party to whom the call was directed from filing with the Clerk such document or thing: Provided, That the call will not be so modified if the moving party shall, within 10 days after the showing by the called party, show that (i) inspection by him at the specified time or place, or (ii) duplication by him by copying or photographing the document or thing is impracticable for the purposes of the discovery to be made or the proof to be adduced by him.

(d) Motions for Calls: A motion for call may be filed by a party plaintiff at any time after the expiration of the time within which defendant is required to file its answer, except that plaintiff may file a motion for call upon defendant at any time after the filing of the petition in the circumstances provided for in Rule 13.

A motion for call upon any party plaintiff may be filed by any party defendant at any time after the filing of plaintiff's petition.

Every motion for a call shall show with reasonable particularity (1) the documents, papers, books, accounts, letters, photographs, objects, or other tangible things desired, and (2) how

485000-59- -5