United States Code: Containing the General and Permanent Laws of the United States, in Force ... |
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Page 5876
The provisions for trial of cases at Lewisburg and Erie unless counsel consent to
trial elsewhere were omitted as inconsistent with the uniform practice provided by
this title . Changes were made in phraseology and arrangement . SENATE ...
The provisions for trial of cases at Lewisburg and Erie unless counsel consent to
trial elsewhere were omitted as inconsistent with the uniform practice provided by
this title . Changes were made in phraseology and arrangement . SENATE ...
Page 5970
Provision in section 931 ( a ) of title 28 , U . S . C . , 1940 ed . , for trials without a
jury , is incorporated in section 2402 of ... relating to time for commencing action
against United States and jury trial constitute sections 2401 and 2402 of this title .
Provision in section 931 ( a ) of title 28 , U . S . C . , 1940 ed . , for trials without a
jury , is incorporated in section 2402 of ... relating to time for commencing action
against United States and jury trial constitute sections 2401 and 2402 of this title .
Page 5983
( c ) The petition for removal of a criminal prosecution may be filed at any time
before trial . ( d ) Each petition for removal of a civil action or proceeding , except
a petition in behalf of the United States , shall be accompanied by a bond with
good ...
( c ) The petition for removal of a criminal prosecution may be filed at any time
before trial . ( d ) Each petition for removal of a civil action or proceeding , except
a petition in behalf of the United States , shall be accompanied by a bond with
good ...
Page 5993
Civil actions " was substituted for " trials at common law " to clarify the meaning of
the Rules of Decision Act in the light of the Federal Rules of ... Defective
allegations of jurisdiction may be amended , upon terms , in the trial or appellate
courts .
Civil actions " was substituted for " trials at common law " to clarify the meaning of
the Rules of Decision Act in the light of the Federal Rules of ... Defective
allegations of jurisdiction may be amended , upon terms , in the trial or appellate
courts .
Page 6000
The testimony of any witness may be taken in any civil cause depending in a
district court by deposition de bene esse , when the witness lives at a greater
distance from the place of trial than one hundred miles , or is bound on a voyage
to sea ...
The testimony of any witness may be taken in any civil cause depending in a
district court by deposition de bene esse , when the witness lives at a greater
distance from the place of trial than one hundred miles , or is bound on a voyage
to sea ...
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Common terms and phrases
36 Stat 62 Stat action added additional ADVISORY allowed amended answer appeal application appointed Attorney authorized cause certified Changes chief circuit claim clerk Code COMMITTEE copy costs court of appeals covered Criminal CROSS Customs defendant Department deposition designated direct district court Division duties effective employees evidence Executive Federal Rules fees filed former Government held interest issue judge judgment judicial July June 25 jurisdiction jury Justice LEGISLATIVE HISTORY Reviser's limited marshal matter ment motion Note notice omitted original paragraph party Patent person petition phraseology plaintiff pleading practice present Procedure proceedings provisions record REFERENCES relating respect revised Reviser's Note.-Based Rules of Civil Senate served statute subdivision substituted suit Supreme Court taken taking term Territories thereof tion title 28 trial United unless witness writ
Popular passages
Page 6217 - Rule 30 (b) or (d), the dep'onent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection...
Page 5842 - ... transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Page 6193 - Upon motion of any party showing good cause therefor and upon notice to all other parties, and subject to the provisions of Rule 30 (b), the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within...
Page 6097 - AMENDMENTS. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.
Page 6128 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
Page 5969 - Title 8 which he had knowledge were about to occur and power to prevent ; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Page 6139 - ... the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application ; or (6) any other reason justifying relief from the operation of the judgment.
Page 5995 - ... that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event or within a reasonable time thereafter.
Page 6143 - Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal...
Page 6026 - In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.
Bibliographic information
| Title | United States Code: Containing the General and Permanent Laws of the United States, in Force ... |
| Author | United States |
| Contributors | United States. Congress. House. Office of the Law Revision Counsel, United States. Congress. House. Committee on the Judiciary, United States. Congress. House. Committee on Revision of the Laws |
| Publisher | U.S. Government Printing Office, 1965 |
| Export Citation | BiBTeX EndNote RefMan |