General Rules of Procedure Promulgated July 4, 1947U.S. Government Printing Office, 1947 - 29 pages |
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Page 2
... cause , may waive or postpone printing of the petition . When printing of the petition is waived eight legible type- written copies thereof shall be filed . SEC . 3. Service of petition . Service shall be made upon the United States as ...
... cause , may waive or postpone printing of the petition . When printing of the petition is waived eight legible type- written copies thereof shall be filed . SEC . 3. Service of petition . Service shall be made upon the United States as ...
Page 4
... cause shown may at any time in its or his discretion ( 1 ) with or without motion or notice if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or ( 2 ) upon motion ...
... cause shown may at any time in its or his discretion ( 1 ) with or without motion or notice if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or ( 2 ) upon motion ...
Page 10
... 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 judg- ment ; but failure to so amend does not effect the result of the trial of these issues . If evidence not ...
... 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 judg- ment ; but failure to so amend does not effect the result of the trial of these issues . If evidence not ...
Page 13
... cause shown enlarge or shorten the time . ( b ) Witnesses by other party . When depositions are taken on notice , as provided herein , if both parties are present or represented at the time and place specified in the notice , either ...
... cause shown enlarge or shorten the time . ( b ) Witnesses by other party . When depositions are taken on notice , as provided herein , if both parties are present or represented at the time and place specified in the notice , either ...
Page 20
... except upon order of the Commission for cause shown ; nor shall any briefs other than those described in sections 28 and 29 be received at any time except upon such order . ( b ) Statements of fact or propositions of law 20.
... except upon order of the Commission for cause shown ; nor shall any briefs other than those described in sections 28 and 29 be received at any time except upon such order . ( b ) Statements of fact or propositions of law 20.
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Common terms and phrases
20 days admissible adverse party affidavit amendment of findings answer attorney of record aver band cause shown claim for relief claim or defense clerk Commencement of action Commis Commission may treat Commissioner or examiner count or defense counterclaim or set-off court cross-claim days after service Defenses and objections defenses enumerated department or agency deponent Disbarment District of Columbia docket documentary evidence errors and irregularities excusable neglect failure findings of fact Form of pleadings identifiable group INDIAN CLAIMS COMMISSION issues matters mission motion for judgment Motions for rehearing oath offered in evidence original petition person petitioner pleading is permitted prescribed presented promptly proof of service proposed findings provisions of section relevant reply brief required by section responsive pleading rules seal sections 28 signed sion specified subpoena summary judgment taken taking the deposition therein tion Trial calendar tribe United waived unless witness written interrogatories
Popular passages
Page 12 - Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Page 10 - The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them ; and the party upon whom the interrogatories have been served shall serve a copy of the answers on the party submitting the interrogatories within 15 days after the service of the interrogatories, unless the court, on motion and notice and for good cause shown, enlarges or shortens the time.
Page 7 - Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a...
Page 3 - 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. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
Page 18 - ... admissible under the statutes of the United States, or under the rules of evidence heretofore applied in the courts of the United States on the hearing of suits in equity, or under the rules of evidence applied in the courts of general jurisdiction of the state in which the United States court is held. In any case, the statute or rule which favors the reception of the evidence governs...
Page 14 - RECORD. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30 (c), (e), and (f), to take the testimony of the witness...
Page 11 - When depositions may be taken. Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.
Page 19 - A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein.
Page 10 - 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.
Page 2 - FOR MOTIONS — AFFIDAVITS. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.