THE ACT OF JUNE 19, 1934, CH. 651

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Be it enacted

That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the praotice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant. They shall take effect six months after their promulgation, and thereafter all laws in conflict therewith shall be of no further force or effect.

Sec. 2. The court may at any time unite the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both: Provided, however, That in such union of rules the right of trial by jury as at common law and declared by the seventh amendment to the Constitution shall be preserved to the parties inviolate. Such united rules shall not take effect until they shall have been reported to Congress by the Attorney General at the beginning of a regular session thereof and until after the close of such session. [Act of June 19, 1934, c. 651, $$ 1,2 (48 Stat. 1064), U. S. C., Title 28, $$ 723b, 723c.]

VII

RULES OF CIVIL PROCEDURE FOR THE DISTRICT

COURTS OF THE UNITED STATES

Table of Contents

I. Scope of Rules—One Form of Action:

Rule 1. Scope of Rules ---

Rule 2. One Form of Action..---

II. Commencement of Action; Service of Process, Pleadings,

Motions, and Orders:

Rule 3. Commencement of Action...

Rule 4. Process:

(a) Summons: Issuanco.

(b) Same: Form.-.

(c) By Whom Served.---

(d) Summons: Personal Service...

(e) Same: Other Service---

(f) Territorial Limits of Effective Service---

(g) Return.--

(h) Amendment.---

Rule 5. Service and Filing of Pleadings and Other Papers:

(a) Service: When Required...

(b) Same: How Made----

(c) Same: Numerous Defendants...

(d) Filing-

(e) Filing With the Court Defined..

Rule 6. Time:

(a) Computation..

(b) Enlargement.

(c) Unaffected by Expiration of Term.

(d) For MotionsAffidavits...

(e) Additional Time After Service by Mail..

III. Pleadings and Motions:

Rule 7. Pleadings Allowed; Form of Motions:

(a) Pleadings---

(b) Motions and Other Papers----

(c) Demurrers, Pleas, Etc., Abolished

Rule 8. General Rules of Pleading:

(a) Claims for Relief..

(b) Defenses; Form of Denials..

(c) Affirmative Defenses --

(d) Effect of Failure to Deny-

(e) Pleading to be Concise and Direct; Con-

sistency ---

(f) Construction of Pleadings..

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Pago

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III. Pleadings and Motions—Continued.

Rule 9. Pleading Special Matters:

(a) Capacity--

(b) Fraud, Mistake, Condition of the Mind.

(c) Conditions Precedent..

(d) Official Document or Act.

(e) Judgment.---

(f) Time and Place..

(g) Special Damage..

Rule 10. Form of Pleadings:

(a) Caption; Names of Parties..

(b) Paragraphs; Separate Statements.

(c) Adoption by Reference; Exhibits_

Rule 11. Signing of Pleadings -

Rule 12. Defenses and Objections—When and How

Presented—By Pleading or Motion-Motion

for Judgment on Pleadings:

(a) When Presented....

(b) How Presented.---

(c) Motion for Judgment on the Pleadings.

(d) Preliminary Hearings ---

(e) Motion for More Definite Statement or

for Bill of Particulars..

(f) Motion to Strike...

(g) Consolidation of Motions.--

(h) Waiver of Defenses.

Rule 13. Counterclaim and Cross-Claim:

(a) Compulsory Counterclaims.

(b) Permissive Counterclaims..

(c) Counterclaim Exceeding Opposing Claim.

(d) Counterclaim Against the United States.

(e) Counterclaim Maturing or Acquired

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