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 64
Page 4
... statute which brought the whole matter into being . He wrote me a letter on the subject which you have no doubt seen , which is reproduced on the first page of the copy of the proposed new rules . and In accordance with my duty ...
... statute which brought the whole matter into being . He wrote me a letter on the subject which you have no doubt seen , which is reproduced on the first page of the copy of the proposed new rules . and In accordance with my duty ...
Page 7
... statutes of the United States and the notes and digests in regard to Federal law . and the holdings of the courts . Do you not think that would operate to the prejudice of that class of lawyers of whom I speak ? Mr. CUMMINGS . No , sir ...
... statutes of the United States and the notes and digests in regard to Federal law . and the holdings of the courts . Do you not think that would operate to the prejudice of that class of lawyers of whom I speak ? Mr. CUMMINGS . No , sir ...
Page 11
... statute . Mr. CELLER . Would it not be well for us to add some phraseology to make it consistent with your explanation ? Mr. CLARK . Perhaps it might be . I have no feeling that the lan- guage of these rules cannot be improved upon . I ...
... statute . Mr. CELLER . Would it not be well for us to add some phraseology to make it consistent with your explanation ? Mr. CLARK . Perhaps it might be . I have no feeling that the lan- guage of these rules cannot be improved upon . I ...
Page 13
... statute so requires , by also mailing a copy to the defendant . Mr. RAMSAY . That pertains to the same matter that ... statutes that have been passed on the question of pleadings and practice for 150 years if they are in conflict with ...
... statute so requires , by also mailing a copy to the defendant . Mr. RAMSAY . That pertains to the same matter that ... statutes that have been passed on the question of pleadings and practice for 150 years if they are in conflict with ...
Page 14
... statute as a basis for working out any right of that kind . It all comes back - and the rule is already drawn on that basis - to the fact that the suit is only to enforce a common substantive right . This is the language we adopted and ...
... statute as a basis for working out any right of that kind . It all comes back - and the rule is already drawn on that basis - to the fact that the suit is only to enforce a common substantive right . This is the language we adopted and ...
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.