(c) Dismissal of counterclaim, cross-claim, or third-party (d) Subpoena for taking depositions; place of examination_ 32 32 (f) Contempt.. 33 Rule 46. Exceptions Unnecessary Rule 47. Jurors: (a) Examination of jurors. 33 (b) Alternate jurors. 33 Rule 48. Juries of Less Than Twelve-Majority Verdict---. 33 (a) Special verdicts_ 33 (b) General verdict accompanied by answer to interroga tories__. 34 Rule 50. Motion for a Directed Verdict and for Judgment Not- (a) Motion for directed verdict: when made; effect.. 34 34 (a) Definition; form_ (b) Judgment upon multiple claims or involving multiple (1) By the clerk. (2) By the court_. (c) Setting aside default_. (d) Plaintiffs, counterclaimants, cross-claimants_ (e) Judgment against the United States____ Rule 56. Summary Judgment: (a) For claimant__ (b) For defending party.. Motion and proceedings thereon.. (d) Case not fully adjudicated on motion__ (e) Form of affidavits; further testimony; defense re (e) Motion to alter or amend a judgment.. Rule 60. Relief From Judgment or Order: (a) Clerical mistakes___. (b) Mistake; inadvertence; excusable neglect; newly dis covered evidence; fraud, etc. Rule 61. Harmless Error_. Rule 62. Stay of Proceedings To Enforce a Judgment: Page 38 38 38 38 38 39 39 39 39 39 39 39 39 40 40 40 40 40 41 41 41 41 41 41 41 42 42 (a) Automatic stay; exceptions—injunctions, receiverships, (b) Stay on motion for new trial or for judgment_ (d) Stay upon appeal... (e) Stay in favor of the United States or agency thereof. - (g) Power of appellate court not limited.. (h) Stay of judgment as to multiple claims or multiple parties... Rule 63. Disability of a Judge... VIII. Provisional and Final Remedies and Special Proceedings: Rule 64. Seizure of Person or Property Rule 65. Injunctions: (a) Preliminary; notice__ (b) Temporary restraining order; notice; hearing; dura- Rule 69. Execution: (b) Against certain public officers_ Rule 70. Judgment for Specific Acts; Vesting Title... Rule 71. Process in Behalf of and Against Persons Not Parties. - 47 (c) Security (d) Form and scope of injunction or restraining order.. Rule 68. Offer of Judgment.. 46 (a) In general_ 44 (d) Process: VIII. Provisional and Final Remedies and Special Proceedings-Con. (a) Applicability of other rules. (b) Joinder of properties---- (1) Caption. (2) Contents. (3) Filing (1) Notice: delivery... (2) Same: form........ 48 (3) Service of notice.. 48 77 0000 47 IX. Appeals: Rule 72. Appeal from a District Court to the Supreme Court. (a) When and how taken.. (b) Notice of appeal.. (c) Bond on appeal. (d) Supersedeas bond. (e) Failure to file or insufficiency of bond.. (f) Judgment against surety. (g) Docketing and record on appeal____ Rule 74. Joint or Several Appeals to the Supreme Court or to a Court of Appeals; Summons and Severance Abolished____ Rule 75. Record on Appeal to a Court of Appeals: (a) Designation of contents of record on appeal. (b) Transcript____ (c) Form of testimony. (d) Statement of points- (e) Record to be abbreviated.. (f) Stipulation as to record.. (g) Record to be prepared by clerk-necessary parts. (i) Order as to original papers or exhibits... (j) Record for preliminary hearing in appellate court_ (1) Printing (m) Appeals in forma pauperis_ (n) Appeals when no stenographic report was made. (0) Rule for transmission of original papers Rule 76. Record on Appeal to a Court of Appeals; Agreed State ment_ X. District Courts and Clerks: Rule 77. District Courts and Clerks: (a) District courts always open.. (b) Trials and hearings; orders in chambers. (c) Clerk's office and orders by clerk. (d) Notice of orders or judgments.. Rule 78. Motion Day. 56 56 56 56 57 X. District Courts and Clerks-Continued Rule 79. Books and Records Kept by the Clerk and Entries Therein: Civil docket_. (b) Civil judgments and orders.. (c) Indices; calendars (d) Other books and records of the clerk. Rule 80. Stenographer; Stenographic Report or Transcript as (a) Stenographer (Abrogated) (b) Official stenographers (Abrogated)_. (c) Stenographic report or transcript as evidence XI. General Provisions: Rule 81. Applicability in General: (a) To what proceedings applicable_ (b) Scire facias and mandamus.. (c) Removed actions__. (d) District of Columbia; courts and judges__ (f) References to officer of the United States - Rule 84. Forms-- Rule 85. Title.. Rule 86. Effective Date: (a) Effective date of original rules_ Appendix of Forms: Form 1. Summons. 2. Allegation of Jurisdiction. 3. Complaint on a Promissory Note 4. Complaint on an Account__ 5. Complaint for Goods Sold and Delivered. 6. Complaint for Money Lent.... 7. Complaint for Money Paid by Mistake_ 8. Complaint for Money Had and Received_ 9. Complaint for Negligence _ _ 10. Complaint for Negligence Where Plaintiff is Unable to Determine Definitely Whether the Person Responsible is C. D. or E. F. or Whether Both are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligence__ 11. Complaint for Conversion___ 12. Complaint for Specific Performance of Contract to Convey Land.. 14. Complaint for Negligence under Federal Employer's Liability Act 17. Complaint for Infringement of Copyright and Unfair Competition. 18. Complaint for Interpleader and Declaratory Relief 19. Motion to Dismiss, Presenting Defenses of Failure to State a 20. Answer Presenting Defenses under Rule 12(b). 21. Answer to Complaint Set forth in Form 8, With Counterclaim for Interpleader_ 22. Motion to Bring in Third-Party Defendant. 22-A. Summons and Complaint Against Third-Party Defendant- 74 75 23. Motion to Intervene as a Defendant under Rule 24 75 24. Motion for Production of Documents, etc., under Rule 34. 76 77 |