Rules of Civil Procedure for the District Courts of the United States. Hearings with Regard to the "Rules of Civil Procedure for the District Courts of the U.S.," Adopted by the Supreme Court of the U.S. Pursuant to the Act of June 19, 1934 and on H.R. 8892 ... March 1, 2, 3, and 4, 19381938 - 167 pages |
From inside the book
Results 1-5 of 26
Page 41
... filed in the courts of the State , and that corporation seeks to remove that action to the Federal court , to another jurisdiction , its license to do business within the State may be revoked . The Standard Oil Co. had a suit , and a ...
... filed in the courts of the State , and that corporation seeks to remove that action to the Federal court , to another jurisdiction , its license to do business within the State may be revoked . The Standard Oil Co. had a suit , and a ...
Page 48
... filing of the last pleading , then you have been denied the right of trial by jury ? The CHAIRMAN . In my State you can ask for a jury practically any time you want it . Mr. PADWAY . We can also . This rule , imposes an obligation on ...
... filing of the last pleading , then you have been denied the right of trial by jury ? The CHAIRMAN . In my State you can ask for a jury practically any time you want it . Mr. PADWAY . We can also . This rule , imposes an obligation on ...
Page 69
... filed within 60 days from the filing of the complaint . Mr. MCLAUGHLIN . Now then , let us assume that Congress does that , would the rules have any reference in themselves to the action of Congress , or would not the situation be this ...
... filed within 60 days from the filing of the complaint . Mr. MCLAUGHLIN . Now then , let us assume that Congress does that , would the rules have any reference in themselves to the action of Congress , or would not the situation be this ...
Page 73
... filing of a complaint . A study was made of what was the commence- ment of a suit in the State courts . There are at least six different views in the various States as to what constitutes the commencement of an action . That means great ...
... filing of a complaint . A study was made of what was the commence- ment of a suit in the State courts . There are at least six different views in the various States as to what constitutes the commencement of an action . That means great ...
Page 74
... filed before the expiration of the statutory period fixed by either State or Federal statute , but that the summons ... filing of the complaint . Also , rule 3 conforms to the corresponding provision in the majority of the States and of ...
... filed before the expiration of the statutory period fixed by either State or Federal statute , but that the summons ... filing of the complaint . Also , rule 3 conforms to the corresponding provision in the majority of the States and of ...
Common terms and phrases
advisory committee agent amendment American Bar Association American Federation answer appeal attorney authorized capacity CELLER CHAIRMAN CHANDLER citizenship civil procedure claim CLARK common law common name complaint Congress Constitution corporation course deals defendant Delaware demurrer depositions discussion dismissal district courts diversity of citizenship effect fact Federal courts Federation of Labor filed gentlemen HATTON W HEALEY hearing injunctions issue judge judgment June 19 jurisdiction justice labor unions lawyers legislation litigation Major Tolman MASSINGALE matter MCLAUGHLIN MICHENER MITCHELL MORRIS motion Norris-LaGuardia Act objection officer orders and preliminary PADWAY party permit person plaintiff pleading practice present proceedings promulgated proposed provides question RAMSAY reference reporters require restraining orders ROBSION rule 17 rules of civil service of process statement statute Subdivision substantive right sued suggestion suit summons Supreme Court term thing tion trial by jury unincorporated association United VINCENT WEAVER
Popular passages
Page 36 - The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. In all other cases capacity to sue or be sued shall be determined by the law of the state in which the district court is held...
Page 119 - All evidence shall be admitted which is admissible under the statutes of the United States, or under the rules of evidence heretofore applied in the courts of the United States on the hearing of suits in equity, or under the rules of evidence applied in the courts of general jurisdiction of the state in which the United States court is held.
Page 101 - MOTION TO STRIKE. 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...
Page 48 - Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be indorsed upon a pleading of the party.
Page 52 - ... (3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process...
Page 79 - the practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 91 - Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court.
Page 76 - Rule 45. (g) Return. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process.
Page 90 - When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time...
Page 94 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled.