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accordance action addition admissible adverse party affidavits allowed amended Dec amount answer appeal application attendance attorney claim clerk complaint conduct copy costs counterclaim defendant demand deny deposition designated determine directed discovery dismissal district court documents effect entered entitled entry evidence examination expenses fact fails failure filing final findings Form given giving granted grounds hearing inspection interest interrogatories issue judg judgment July jurisdiction jury limit manner matter motion move notice objection obtain offer officer otherwise party pending permit person plaintiff pleading prescribed present procedure proceedings proper provided in Rule pursuant questions reasonable record reference relating relief representative request respect response Rule served signed specified statement statute subdivision submitted subpoena summons taken taking testimony therein thereof third-party Title trial trial by jury United unless verdict witness written
Page 8 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 47 - Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.
Page 62 - Rule 82. Jurisdiction and Venue Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the United States district courts or the venue of actions therein.
Page 30 - Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.
Page 24 - Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the en TEXT OF RULES Rule 30 officer with a statement of the reasons given by the witness for making them.
Page 42 - Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action.
Page 15 - ... the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
Page 26 - ... upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Page 46 - The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.