Rules of Civil Procedure for the United States District Courts: Hearings, Seventy-fifth Congress, Third Session, on S.J. Res. 281, a Joint Resolution to Postpone the Effective Date of the Rules of Procedure for the District Courts of the United States
U.S. Government Printing Office, 1938 - 74 pages
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act of Congress action adopted advisory committee American application approved assume attachment Attorney authority bar association brought BURKE called chairman civil procedure clear Code concerned conformity act Congress consideration considered course deal decided decisions delegate desire district court doubt drafts effective date equity examine existing fact favor Federal Federal courts follow given Government hear House individual interested judgment judicial Judiciary June Justice labor unions lawyers legislation legislatures litigation matter mean mind MITCHELL notes party passed persons possible postponed practice present presided printed procedure proceed provides question reason referred remedies repeal resolution respect responsible result rules seems Senator AUSTIN Senator King session staff statement statutes subcommittee submitted substantive rights suggestion superseded Supreme Court thing thought tion TOLMAN United VANDERBILT
Page 21 - The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable.
Page 1 - 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 practice and procedure in civil actions at law.
Page 21 - At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state in which the district court is held, existing at the time the remedy is sought...
Page 24 - ... cases adjudge the party in contempt. If real or personal property is within the district, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.
Page 13 - States,' in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...
Page 23 - If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party.
Page 22 - ... the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state in which the district court is held, existing at the time the remedy is sought, subject to the following qualifications: (1) any existing statute of the United States governs to the extent to which it is applicable...
Page 1 - These rules will take effect on the day which is 3 months subsequent to the adjournment of the second regular session of the 75th Congress, but if that day is prior to September 1, 1938, then these rules will take effect on September 1, 1938.
Page 8 - ... same by execution or otherwise to reach the property of the judgment debtor, as are now provided in like causes by the laws of the State in which such court is held, or by any such laws hereafter...