V. TRIALS-Continued

Rule 44. Subpoena-Continued

(d) Subpoena for taking depositions; place of exami-

Page

Rule 45. Commissioner's Report:

(a) Content; findings of fact; conclusions of law....

(b) Requests for findings; briefs; time for filing..

(c) Form and content of requests...

(d) Content of briefs..

(e) Failure to file...

(f) Filing of requested findings and briefs..

(g) Notice of Commissioner's report...

56

56

56

57

57

57

57

Rule 46. Exceptions and Briefs After Commissioner's

Report:

(a) Commissioner's report as basis for judgment...

(b) Time for filing exceptions and briefs.

58

58

VI. JUDGMENTS; REHEARINGS; NEW TRIALS; APPLICATIONS FOR

CERTIORARI:

63

64

Rule 50. Judgment....

65

VI. JUDGMENTS; REHEARINGS; NEW TRIALS; APPLICATIONS FOR

CERTIORARI-Continued

Rule 51. Summary Judgment:

(a) For claimant..

(b) For defending party..

(c) Leave required when...

(d) Motion and proceedings thereon..

(e) Case not fully adjudicated on motion.

(f) Form of affidavits; further testimony.

(g) When affidavits are unavailable..

(h) Affidavits made in bad faith....

Rule 52. Entry of Judgment..

Rule 53. Rehearing; Amendment of Judgments; New

Trials:

(a) Grounds...

(b) Action by Court.

(c) Time for motion...

68

(b) Mistakes; inadvertence; excusable neglect; newly

discovered evidence; fraud, etc.........

Rule 55. Harmless Error....

69

68

69

Rule 56. Filing and Service of Motions, Briefs, and Re-

sponses Pursuant to Chapter VI............

69

Rule 57. Writs of Certiorari:

(a) Notice and designation of contents of record.

(b) Cross-designation by adverse party.

70

70

(c) Stipulation as to record...

70

(d) Preparation of record....

70

71

(e) Printing...

VII. APPEALS TO THE UNITED STATES Court of CLAIMS:

VII. APPEALS TO THE UNITED STATES COURT OF CLAIMS-Con.

PART I-FROM THE INDIAN CLAIMS COMMISSION-Con.

Rule 59. Record on Appeal:

(a) Transmission; content; disposition..

Page

73

(b) Power of Court to correct or modify record . . .

Rule 60. Agreed Statement....

74

74

Rule 66. Calling of Calendar; Assignment for Hearing..

78

X. PRODUCTION; DUPLICATION; FEES:

Rule 81. Production and Duplication:

(a) Conformity required. . . .

(b) Production and duplication.

Rule 82. Printing:

(a) Required when....

(b) Methods in lieu of printing.

(c) Waiver of printing..

85

85

85

85

Rule 83. Form and Size:

(a) Printed matter...

(b) Matter not printed.

Rule 84. Fees for Filing Petitions...

Rule 85. Fees in Cases Appealed to This Court.

Rule 86. Fees for Record on Certiorari....

Rule 87. Fees for Copies.

EFFECTIVE DATE (Rule 88)..

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86

86

86

87

87

87

87

CROSS-REFERENCE TO THE RULES OF CIVIL PROCEDURE FOR THE DISTRICT COURTS OF THE UNITED STATES

Substantial portions of these rules have been derived from the Rules of Civil Procedure for the District Courts of the United States. The major derivations are indicated in the following comparative table: