Rules of Civil Procedure for the District Courts of the United States with Index and Notes: Rules of Civil Procedure for the District Courts of the United States Adopted by the Supreme Court of the United States, Together with an Index to the Rules Prepared by the Staff of the Advisory Committee on Rules for Civil Procedure, Also the Notes to the Rules as Prepared Under the Direction of the Advisory Committee on Rules for Civil Procedure Appointed by the Supreme Court of the United StatesUnited States. Supreme Court, United States. District Courts, United States. Supreme Court. Advisory Committee on Rules for Civil Procedure U.S. Government Printing Office, 1939 - 313 pages |
From inside the book
Results 1-5 of 68
Page xiii
... Relief ... 666 ( b ) Defenses ; Form of Denials ... ( c ) Affirmative Defenses .. ( d ) Effect of Failure to Deny .... sistency .. ( e ) Pleading to be Concise and Direct ; Con- ( f ) Construction of Pleadings ... 9 10 10 11 = 2 11 12 ...
... Relief ... 666 ( b ) Defenses ; Form of Denials ... ( c ) Affirmative Defenses .. ( d ) Effect of Failure to Deny .... sistency .. ( e ) Pleading to be Concise and Direct ; Con- ( f ) Construction of Pleadings ... 9 10 10 11 = 2 11 12 ...
Page xix
... Relief from Judgment or Order : ( a ) Clerical Mistakes .... LLLLL 75 76 76 76 76 ( b ) Mistake ; Inadvertence ; Surprise ; Ex- cusable Neglect . - - 76 Rule 61. Harmless Error ......... . 653 77 Rule 62. Stay of Proceedings to Enforce ...
... Relief from Judgment or Order : ( a ) Clerical Mistakes .... LLLLL 75 76 76 76 76 ( b ) Mistake ; Inadvertence ; Surprise ; Ex- cusable Neglect . - - 76 Rule 61. Harmless Error ......... . 653 77 Rule 62. Stay of Proceedings to Enforce ...
Page 2
... relief demanded in the complaint . ( c ) BY WHOM SERVED . Service of all process shall be made by a United States marshal , by his deputy , or by some person specially appointed by the court for that purpose , except that a subpoena may ...
... relief demanded in the complaint . ( c ) BY WHOM SERVED . Service of all process shall be made by a United States marshal , by his deputy , or by some person specially appointed by the court for that purpose , except that a subpoena may ...
Page 6
... relief against them shall be served upon them in the manner provided for service of summons in Rule 4 . ( b ) SAME : HOW MADE . Whenever under these rules service is required or permitted to be made upon a party represented by an ...
... relief against them shall be served upon them in the manner provided for service of summons in Rule 4 . ( b ) SAME : HOW MADE . Whenever under these rules service is required or permitted to be made upon a party represented by an ...
Page 9
... relief or order sought . The requirement of writing is fulfilled if the motion is stated in a written notice of the ... RELIEF . A pleading which sets forth a claim for relief , whether an original claim , counterclaim , cross - claim ...
... relief or order sought . The requirement of writing is fulfilled if the motion is stated in a written notice of the ... RELIEF . A pleading which sets forth a claim for relief , whether an original claim , counterclaim , cross - claim ...
Common terms and phrases
20 days admission adverse party affidavits affirmative defense amended answer appeal to circuit application asserted attorney averments cause shown circuit court civil action CIVIL PROCEDURE claim or defense clerk Code Ann counterclaim court of appeals cross-claim declaratory judgment deems deponent directed verdict dismissal district court documents effect enforce entry evidence failure Federal Rules filing Form hearing incompetent person Injunctions Interpleader interrogatories issues joinder judgment by default jurors letters rogatory ment Misjoinder motion Note to Subdivision notice objection officer or agency oral examination otherwise paragraph permitted plaintiff prescribed proceedings provided in Rule reasonable record on appeal refuses request responsive pleading Rule 30 Rules of Civil separate trials served service of process specified Stat statement statute subpoena supersedeas bond Supreme Court taken taking the deposition testimony therein thereof third-party defendant tion Title 28 trial by jury United United States attorney unless the court waived witness
Popular passages
Page 70 - 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.
Page 14 - 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 7 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
Page 11 - A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.
Page 234 - Actions, (a) Representation. If persons constituting a class are so numerous as to make it impracticable to bring them all before the court...
Page 20 - A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 20 days after it is served.
Page 79 - No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
Page 54 - The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, crossclaims, counterclaims, third-party claims, or issues...
Page 73 - ... upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 26 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.