2. That each of the following statements is true.

(Here list the statements.)

Signed:

Address:

Attorney for Plaintiff.

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 CIRCUIT COURT OF APPEALS UNDER RULE 73 (b)

Notice is hereby given that C. D. and E. F., defendants above named, hereby appeal to the Circuit Court of Appeals for the Second Circuit [from the order (describing it)] [from the final judgment] entered in this action on 19__.

Signed:

--9

--9

Attorney for Appellants C. D. and E. F. Address:

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.

INDEX

TO THE

RULES OF CIVIL PROCEDURE FOR THE
DISTRICT COURTS OF THE

UNITED STATES

Prepared by the staff of the

ADVISORY COMMITTEE ON RULES
FOR CIVIL PROCEDURE

of Facts at pre-trial conference_-
of Facts, requests for, etc.---- 36, 37 (c), Form 25

16

22

47-48, 50,
125-126

60 (a)

76

of Findings by the court. 52 (b), 59 (a), 62 (b), 80 (b)

65, 75-76,

78, 99

of Findings of fact and conclusions of
law on motion for new trial___.

59 (a)

75-76

of Judgments on motion to amend
findings by court__

of Pleadings. See Pleadings.

of Process___

4 (h)

of Proof of service of process-

4 (h)

of Rules made by district courts;

with Counterclaim for interpleader___
to Interrogatories. See Interroga-