Rules of Civil Procedure for the U.S. District Courts, with Forms, as Amended to July 1, 1970 |
From inside the book
Results 1-5 of 31
Page vi
... Issue ; Exec . Comm . 2094 ; H. Doc . 391 , 89th Cong . ) . The amendments affected Rules 1 , 4 , 8 , 9 , 12 , 13 , 14 , 15 , 17 , 18 , 19 , 20 , 23 , 24 , 26 , 38 , 41 , 42 , 43 , 44 , 47 , 53 , 59 , 65 , 68 , 73 , 74 , 75 , 81 and 82 ...
... Issue ; Exec . Comm . 2094 ; H. Doc . 391 , 89th Cong . ) . The amendments affected Rules 1 , 4 , 8 , 9 , 12 , 13 , 14 , 15 , 17 , 18 , 19 , 20 , 23 , 24 , 26 , 38 , 41 , 42 , 43 , 44 , 47 , 53 , 59 , 65 , 68 , 73 , 74 , 75 , 81 and 82 ...
Page viii
... Issues ... . Title IV . Parties : Rule 17. Parties Plaintiff and Defendant ; Capacity : ( a ) Real party in interest_- ( b ) Capacity to sue or be sued .. ( c ) Infants or incompetent persons- Rule 18. Joinder of Claims and Remedies ...
... Issues ... . Title IV . Parties : Rule 17. Parties Plaintiff and Defendant ; Capacity : ( a ) Real party in interest_- ( b ) Capacity to sue or be sued .. ( c ) Infants or incompetent persons- Rule 18. Joinder of Claims and Remedies ...
Page 1
... issue a summons and deliver it for service to the marshal or to a person specially appointed to serve it . Upon request of the plaintiff separate or additional summons shall issue against any defendants . ( b ) SAME : FORM . The summons ...
... issue a summons and deliver it for service to the marshal or to a person specially appointed to serve it . Upon request of the plaintiff separate or additional summons shall issue against any defendants . ( b ) SAME : FORM . The summons ...
Page 7
... issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity , he shall do so by specific negative averment , which shall include ...
... issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity , he shall do so by specific negative averment , which shall include ...
Page 13
... issues may be made upon motion of any party at any time , even after judg ment ; but failure so to amend does not affect the result of the trial of these issues . If evidence is objected to at the trial on the ground that it is not ...
... issues may be made upon motion of any party at any time , even after judg ment ; but failure so to amend does not affect the result of the trial of these issues . If evidence is objected to at the trial on the ground that it is not ...
Common terms and phrases
action is pending admiralty admissible adverse party affidavits Allegation of jurisdiction alternate jurors amended Dec amended Feb amended Jan amount in controversy answer appears application attorney averments award of expenses claim or defense clerk copy counterclaim cross-claim days after service defendant C. D. deponent designated directed verdict discovery dismissal district court Diversity of citizenship documents entry evidence fact failure filing Form granted hearing interest interpleader interrogatories INVOLUNTARY DISMISSAL issue joinder July leave of court letter rogatory maritime claim notice objection officer or agency otherwise peremptory challenges permitted person plaintiff procedure provided in Rule provisions of Rule pursuant to Rule reasonable record request responsive pleading service of process specified statement statute stipulation subject matter subpoena summons and complaint taken taking the deposition testimony therein thereof third-party plaintiff tion Title 28 trial by jury United States Attorney United States District unless the court witness
Popular passages
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 7 - The signature of an attorney constitutes a certificate by him that he has read the pleading, that to the best of his knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay.
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.