Notice of Motion (Contents the same as in Form 19) United States District Court for the Southern District of New York Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert the legality of the issuance of the Letters Patent to plaintiff. Second Defense Plaintiff is not the first inventor of the articles covered by the Letters Patent specified in his complaint, since articles substantially identical in character were previously patented in Letters Patent granted to intervener on January 5, 1920. (As amended Dec. 29, 1948, eff. Oct. 20, 1949.) Form 24.-MOTION FOR PRODUCTION OF DOCUMENTS, ETC., UNDER RULE 34. Plaintiff A. B. moves the court for an order requiring defendant C. D. (1) To produce and to permit plaintiff to inspect and to copy each of the following documents: (Here list the documents and describe each of them.) (2) To produce and permit plaintiff to inspect and to photograph each of the following objects: (Here list the objects and and describe each of them.) (3) To permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph (here describe the portion of the real property and the objects to be inspected and photographed). Defendant C. D. has the possession, custody, or control of each of the foregoing documents and objects and of the above mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit A hereto attached. Notice of Motion (Contents the Same as in Form 19) Exhibit A STATE OF County of -" A. B., being first duly sworn says: (1) (Here set forth all that plaintiff knows which shows that defendant has the papers or objects in his possession or control.) (2) (Here set forth all that plaintiff knows which shows that each of the above mentioned items is relevant to some issue in the action.) [Jurat] Signed: A. B. Form 25.-REQUEST FOR ADMISSION UNDER RULE 36. days Plaintiff A. B. requests defendant C. D. within after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each document.) 2. That each of the following statements is true. (Here list the statements.) (As amended Dec. 27, 1946, eff. Mar. 19, 1948.) Form 26.-ALLEGATION OF REASON FOR OMITTING PARTY. When it is necessary, under Rule 19(c), for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below: John Doe named in this complaint is not made a party to this action [because he is not subject to the jurisdiction of this court]; [because he cannot be made a party to this action without depriving this court of jurisdiction]. Form 27.--NOTICE OF APPEAL TO COURT OF APPEALS UNDER RULE 73(b). Notice is hereby given that C. D. and E. F., defendants above named, hereby appeal to the United States Court of Appeals for the Second Circuit from the Order (describing it) (from the final judgment) entered in this action on Signed: 19__. Attorney for Appellants C. D. and E. F. (As amended Dec. 29, 1948, eff. Oct. 20, 1949.) NOTE Use either the material in the first set of brackets or that in the second, as the case requires. If the appeal is from a part only of an order or judgment, that part must be specified. Rule 73(b) does not require the appellee to be named. It does require the clerk to notify all other parties than appellant. Form 28.-NOTICE: CONDEMNATION. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK CIVIL ACTION, FILE NUMBER___ United States of America, Plaintiff) To (here insert the names of the defendants to whom the notice is directed): You are hereby notified that a complaint in condemnation has heretofore been filed in the office of the clerk of the United States District Court for the Southern District of New York, in the United States Court House in New York City, New York, for the taking (here state the interest to be acquired, as "an estate in fee simple") for use (here state briefly the use, "as a site for a post-office building") of the following described property in which you have or claim an interest. (Here insert brief description of the property in which the defendants, to whom the notice is directed, have or claim an interest.) The authority for the taking is (here state briefly, as "the Act of U.S.C., Title .”.)1 You are further notified that if you desire to present any objection or defense to the taking of your property you are required to serve your answer on the plaintiff's attorney at the address herein designated within twenty days after Stat. 2 Your answer shall identify the property in which you claim to have an interest, state the nature and extent of the interest you claim, and state all of your objections and defenses to the taking of your property. All defenses and objections not so presented are waived. And in case of your failure so to answer the complaint, judgment of condemnation of that part of the above-described property in which you have or claim an interest will be rendered. But without answering, you may serve on the plaintiff's attorney a notice of appearance designating the property in which you claim to be interested. Thereafter you will receive notice of all proceedings affecting it. At the trial of the issue of just compensation, whether or not you have previously appeared or answered, you may present 1 And where appropriate add a citation to any applicable Executive Order. 2 Here insert the words "personal service of this notice upon you," if personal service is to be made pursuant to subdivision (d) (3) (i) of this rule [Rule 71A]; or, insert the date of the last publication of notice, if service by publication is to be made pursuant to subdivision (d) (3) (ii) of this rule. evidence as to the amount of the compensation to be paid for your property, and you may share in the distribution of the award. (Here state an address within the district where the United States Attorney may be served as "United States Court House, New York, N.Y.".) Dated (As added May 1, 1951, eff. Aug. 1, 1951.) Form 29.-COMPLAINT: CONDEMNATION. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK CIVIL ACTION, FILE NUMBER United States of America, Plaintiff V. 1,000 Acres of Land in [here insert a general location as "City of "County of or "], John Doe et al., and Unknown Owners, Defendants Complaint 1. This is an action of a civil nature brought by the United States of America for the taking of property under the power of eminent domain and for the ascertainment and award of just compensation to the owners and parties in interest.1 2. The authority for the taking is (here state briefly, as "the Act of ---, U.S.C., Title ").2 Stat. 3. The use for which the property is to be taken is (here state briefly the use, "as a site for a post-office building"). 4. The interest to be acquired in the property is (here state the interest as "an estate in fee simple"). 5. The property so to be taken is (here set forth a description of the property sufficient for its identification) or (described in Exhibit A hereto attached and made a part hereof). 6. The persons known to the plaintiff to have or claim an interest in the property 3 are: (Here set forth the names of such persons and the interests claimed.) 4 7. In addition to the persons named, there are or may be others who have or may claim some interest in the property to be taken, whose names are unknown to the plaintiff and on diligent inquiry have not 1 If the plaintiff is not the United States, but is, for example, a corporation invoking the power of eminent domain delegated to it by the state, then this paragraph 1 of the complaint should be appropriately modified and should be preceded by a paragraph appropriately alleging federal jurisdiction for the action, such as diversity. See Form 2. 2 And where appropriate add a citation to any applicable Executive Order. 3 At the com mencement of the action the plaintiff need name as defendants only the persons having or claiming an in terest in the property whose names are then known, but prior to any hearing involving the compensation to be paid for a particular piece of property the plaintiff must add as defendants all persons having or clai ming an interest in that property whose names can be ascertained by an appropriate search of the records and also those whose names have otherwise been learned. See Rule 71A (c) (2). 4 The plaintiff should designate, as to each separate piece of property, the defendants who have been joined as owne rs thereof or of some interest therein. See Rule 71A (c) (2). been ascertained. They are made parties to the action under the designation "Unknown Owners." Wherefore the plaintiff demands judgment that the property be condemned and that just compensation for the taking be ascertained and awarded and for such other relief as may be lawful and proper. Signed: Address: United States Attorney. (Here state and address within the district where the United States Attorney may be served, as "United States Court House, New York, N.Y.".) (As added May 1, 1951, eff. Aug. 1, 1951.) Form 30.-SUGGESTION OF DEATH UPON THE RECORD UNDER RULE 25(a)(1). A. B. [describe as a party, or as executor, administrator, or other representative or successor of C. D., the deceased party] suggests upon the record, pursuant to Rule 25(a)(1), the death of C. D. [describe as party] during the pendency of this action. (As added Jan. 21, 1963, eff. July 1, 1963.) Form 31.-JUDGMENT ON JURY VERDICT. United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER This action came on for trial before the Court and a jury, Honorable John Marshall, District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict. IT IS ORDERED AND ADJUDGED [that the plaintiff A. B. recover of the defendant C. D. the sum of with interest thereon at the rate of percent as provided by law, and his costs of action.] [that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.] Dated at New York, New York, this day of Clerk of Court. |