Moore's Federal Rules and Official Forms: As Amended with Comments on the Amendments and Proposed AmendmentsM. Bender, 1956 - 547 pages |
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Common terms and phrases
1946 amendments adjudication adverse party Advisory Committee Allegation amended in 1946 amended Rule amendment to Rule answer appellate court applicable attorney Circuit civil action clerk Comment under Rule Committee's Proposed Amendments complaint copy counterclaim court of appeals cross-claim denying deposition direct directed verdict dismissal district court effect eminent domain equity evidence F Supp federal court Federal Rules filing final judgment Form FR Serv granted History of Rule infra interlocutory interpleader interrogatories issue joinder judge Judicial Code jurisdiction jury trial limitations litigation ment multiple claims notice officer original Rule paragraph person plaintiff pleading practice prescribed procedure proceedings promulgated provided in Rule quasi in rem record on appeal relief remains unchanged Rule 34 Rule 59 Rule 71A sentence served service of process statute statutory subdivision subpoena summary judgment summons supersedeas bond supra Supreme Court thereof tion Title 28 trial court venue verdict
Popular passages
Page 291 - When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
Page 86 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled.
Page 51 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 108 - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
Page 265 - When more than one claim for relief is presented in an action whether as a claim, counterclaim, crossclaim, 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 the entry of judgment.
Page 157 - Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.
Page 187 - Rule 26(b) and which are in his possession, custody, or control; or (2) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated object or operation thereon within the scope of the examination permitted by Rule 26(b).
Page 218 - The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose.
Page 187 - Upon motion of any party showing good cause therefor and upon notice to all other parties, and subject to the provisions of Rule 30 (b), the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things...
Page 53 - Subject to the provisions of Rule 23 (c), of Rule 66, and of any statute of the United States, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action.