II.

COMMENCEMENT OF ACTION; SERVICE OF PROCESS,

PLEADINGS, MOTIONS, AND ORDERS

Rule 5. Service and Filing of Pleadings and Other Papers.... 197

(e) Additional Time After Service by Mail.. .... 207

(e) Pleading to Be Concise and Direct; Consistency.. 244

Rule 12. Defenses and Objections-When and How Presented

-By Pleading or Motion-Motion for Judgment

424

451

451

451

451

499

(e) Motion for More Definite Statement or for Bill of

507

507

Rule 13. Counterclaim and Cross-Claim....

(a) Compulsory Counterclaims

(b) Permissive Counterclaims

(c) Counterclaim Exceeding Opposing Claim....

(d) Counterclaim Against the United States...

(e) Counterclaim Maturing or Acquired After Plead-

508

604

604

605

605

605

.....

ing ....

605

(a) When Defendant May Bring in Third Party.... 622

(b) When Plaintiff May Bring in Third Party.. 622

.....

PAGE

Rule 15. Amended and Supplemental Pleadings...

(a) Amendments. ...

650

650

Rule 17. Parties Plaintiff and Defendant; Capacity..

(a) Real Party in Interest...

751

751

(b) Joinder of Remedies; Fraudulent Conveyances: .. 811

811

811

(c) Same: Names of Omitted Persons and Reasons for

Non-Joinder to Be Pleaded......

821

Rule 21. Misjoinder and Non-Joinder of Parties....

... 906

(d) Public Officers; Death or Separation from Office..1001

PAGE

V. DEPOSITIONS AND DISCOVERY

Rule 26. Depositions Pending Action

(a) When Depositions May Be Taken..

(b) Scope of Examination....

.1014

.1014

...1015

Rule 28. Persons Before Whom Depositions May Be Taken....1071

Rule 29. Stipulations Regarding the Taking of Depositions....1077

Rule 30. Depositions Upon Oral Examination.....

(a) Notice of Examination: Time and Place .

....1078

...1078

(b) Orders for the Protection of Parties and
ponents....

De-

...1078

...1079

(c) Record of Examination; Oath; Objections
(d) Motion to Terminate or Limit Examination.... ..1079
(e) Submission to Witness; Changes; Signing .......1079
(f) Certification and Filing by Officer; Copies; Notice

of Filing...

..1080

.1080

(g) Failure to Attend or to Serve Subpoena; Ex-

penses

Rule 31. Depositions of Witnesses Upon Written Interroga-
tories

(a) Serving Interrogatories; Notice.

...1102

.1102

(b) Officer to Take Responses and Prepare Record...1102

(c) Notice of Filing ....

...1102

(d) Orders for the Protection of Parties and De-

Rule 32. Effect of Errors and Irregularities in Depositions.....1105

(d) As to Completion and Return of Deposition.....1106

Rule 33. Interrogatories to Parties ..

PAGE

.1108

Rule 34. Discovery and Production of Documents and Things
for Inspection, Copying, or Photographing......1124

Rule 35. Physical and Mental Examination of Persons..
(a) Order for Examination...

(b) Report of Findings

1139

..1139

.1139

Rule 36. Admission of Facts and of Genuineness of Documents..1151

(a) Request for Admission ....

(b) Effect of Admission...

...1151

...1152

Rule 37. Refusal to Make Discovery: Consequences

(a) Refusal to Answer ...

1158

1158

Rule 41. Dismissal of Actions....

(a) Voluntary Dismissal: Effect Thereof..

(1) By Plaintiff; by Stipulation..

(2) By Order of Court....

(c) Dismissal of Counterclaim, Cross-Claim, or Third-

..1183

...1183

.1183

..1184

(b) Involuntary Dismissal: Effect Thereof

.....

...1184