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alleged amended amount answer appeal application Attorney authority Bank bill brought Bull cause of action Civil Procedure claim Company complaint contract copy Corporation counsel damages decision defendant defendant's denied deposition determination directed District Court documents Eastern Editorial Headnote effect entitled Equity et al evidence examination facts failure Federal Rules filed findings given granted ground held infringement injuries interest interrogatories intervention issue joined Judge judgment jurisdiction jury leave liability limited March matter motion to dismiss moved notice objections operation opinion original Paragraph particulars patent permit person plaintiff pleading practice present prior proceedings production properly provides question reason records relating relief request respect Rule 12 Rule 86 Rules of Civil separate served showing Southern District statement statute Subdivision sufficient suit Supp taken taking third party third party defendant tion trial United witness York
Page 21 - The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs.
Page 16 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
Page 19 - In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
Page 26 - 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 28 - These rules govern the procedure in the district courts of the United States in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed to secure the just, speedy, and inexpensive determination of every action. Rule 2. One Form of Action. There shall be one form of action to be known as "civil action".
Page 27 - The motion shall show (1) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; (2) the reasons for perpetuating their testimony.
Page 3 - ... by delivering a copy of the summons and of the complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
Page 46 - If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.
Page 30 - A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it.