United States Code, Volume 5Office of the Law Revision Counsel of the House of Representatives, 1988 |
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Page 72
... Notice of Presentation or Waiver of Oral Ar- gument , and Matters Submitted on the Briefs . Effect of the Pendency ... notice of appearance pursuant to Rule 8 ( c ) of these Rules , a status notice pursuant to Rules 10 ( e ) , 11 ( e ) ...
... Notice of Presentation or Waiver of Oral Ar- gument , and Matters Submitted on the Briefs . Effect of the Pendency ... notice of appearance pursuant to Rule 8 ( c ) of these Rules , a status notice pursuant to Rules 10 ( e ) , 11 ( e ) ...
Page 74
... notice of opposition is received by the Clerk of the Panel within this fifteen - day period , the Clerk of the Panel ... notice of opposition , the party opposing trans- fer shall file a motion to vacate the conditional transfer order ...
... notice of opposition is received by the Clerk of the Panel within this fifteen - day period , the Clerk of the Panel ... notice of opposition , the party opposing trans- fer shall file a motion to vacate the conditional transfer order ...
Page 75
... notice of opposition is received by the Clerk of the Panel within this fifteen - day period , the Clerk of the Panel ... notice of opposition , the party opposing remand shall file a motion to vacate the con- ditional remand order and ...
... notice of opposition is received by the Clerk of the Panel within this fifteen - day period , the Clerk of the Panel ... notice of opposition , the party opposing remand shall file a motion to vacate the con- ditional remand order and ...
Page 76
... notice to counsel for all parties involved in the litigation of the time , place and subject matter of such hearing . ( b ) No transfer or remand determination re- garding any action pending in district court shall be made by the Panel ...
... notice to counsel for all parties involved in the litigation of the time , place and subject matter of such hearing . ( b ) No transfer or remand determination re- garding any action pending in district court shall be made by the Panel ...
Page 77
... Notices ( a ) An original of a notice of multicircuit peti- tions for review pursuant to 28 U.S.C. § 2112 ( a ) ( 3 ) shall be submitted for filing to the Clerk of the Panel by the affected agency , board , commission or officer . The ...
... Notices ( a ) An original of a notice of multicircuit peti- tions for review pursuant to 28 U.S.C. § 2112 ( a ) ( 3 ) shall be submitted for filing to the Clerk of the Panel by the affected agency , board , commission or officer . The ...
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Common terms and phrases
1986 AMENDMENT Amendment 98 Stat action administrator agency amended Pub amending sections Amendment by Pub AMENDMENTS 1986-Subsec amount applicable appointed appropriate attorney bankruptcy judges benefit certificate change is intended chapter claim clerk Commissioner COMMITTEE ON RULES-1987 corporation court of appeals deposition determined district court edition for text EFFECTIVE DATE employee enactment Federal fees filed fiscal FRAP funds independent counsel individuals with handicaps Internal Revenue Code judgment judicial lease liability main edition ment motion note under section NOTES OF ADVISORY notice paragraph participant party payment pending period person plaintiff pleading prescribed proceedings purposes pursuant record REFERENCES IN TEXT rehabilitation relating Repealed request respect Rule RULES-1987 AMENDMENT Secretary SECTION REFERRED SECTIONS This section served spect subchapter subdivision subparagraph Subsec substituted termination tion title 11 title 26 title IX trial United States Code United States trustee
Popular passages
Page 138 - Rule 30 (b) or (d) , the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection...
Page 149 - Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court.
Page 185 - 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 131 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Page 444 - No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
Page 244 - The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken.
Page 194 - The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed unless the parties agree otherwise.
Page 131 - Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
Page 195 - The deposition of a witness, whether or not a party, may be used by any party for any purpose...
Page 203 - When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for entry of judgment.