Rules of Civil Procedure for the United States District Courts: As Amended Printed for the Use of the Committee on the Judiciary, House of RepresentativesU.S. Government Printing Office, 1956 - 77 pages |
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Page 11
... 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 ...
... 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 ...
Page 3
... matter constitut- ing an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes 68796 ...
... matter constitut- ing an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes 68796 ...
Page 4
... matter constituting an avoidance or affirmative defense . When a party has mistakenly designated a defense as a ... Matters . ( a ) CAPACITY . It is not necessary to aver the capacity of a party to sue or be sued or the authority of a ...
... matter constituting an avoidance or affirmative defense . When a party has mistakenly designated a defense as a ... Matters . ( a ) CAPACITY . It is not necessary to aver the capacity of a party to sue or be sued or the authority of a ...
Page 4
... matter showing jurisdiction to render it . ( f ) TIME AND PLACE . For the purpose of testing the sufficiency of a pleading , averments of time and place are material and shall be considered like all other averments of material matter ...
... matter showing jurisdiction to render it . ( f ) TIME AND PLACE . For the purpose of testing the sufficiency of a pleading , averments of time and place are material and shall be considered like all other averments of material matter ...
Page 4
... matter , ( 2 ) lack of jurisdiction over the person , ( 3 ) improper venue , ( 4 ) insufficiency of process , ( 5 ) ... matters outside the pleading are presented to and not ex- cluded by the court , the motion shall be treated as one for ...
... matter , ( 2 ) lack of jurisdiction over the person , ( 3 ) improper venue , ( 4 ) insufficiency of process , ( 5 ) ... matters outside the pleading are presented to and not ex- cluded by the court , the motion shall be treated as one for ...
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Common terms and phrases
20 days action is pending admissible adverse party affidavits Allegation of jurisdiction Alternate jurors amended Dec answer appellate court application attorney averments cause shown certificate clerk complaint copy costs counterclaim court of appeals cross-claim days after service declaratory judgment deems Defendant C. D. deponent designated direct the entry directed verdict dismissal district court docket documents effect entitled entry of judgment evidence failure findings of fact Form granted injunction interest interpleader interrogatories issue joinder judg judgment by default letters rogatory matter ment notice of appeal objection officer or agency otherwise peremptory challenge person prescribed proceedings provided in Rule reasonable record on appeal relief request responsive pleading Rule 30 Rule 59 served service of process specified Stat statement statute stipulation subpoena summons supersedeas bond taking the deposition testimony therein thereto thousand dollars tion Title 28 trial by jury United States District unless the court Wherefore plaintiff demands witness