Preliminary Draft of Rules of Civil Procedure for the District Courts of the United States and the Supreme Court of the District of Columbia, Volume 1United States. Supreme Court. Advisory Committee on Rules for Civil Procedure, United States. District Court (District of Columbia) U.S. Government Printing Office, 1936 - 182 pages |
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Common terms and phrases
actions at law admission adverse party affidavits alternative rule amended answer appellate court application attorney averment bond cause shown circuit court Civil Procedure claim clerk Code Pleading Comp Compare Equity Rule copy counterclaim court of appeals cross-claim deemed defendant deposition directed verdict district court effect English Rules Equity Rule 12 evidence examination filed findings injunctions interpleader issues of fact joinder Judicature Act 1935 jurisdiction jurors jury trial letters rogatory Mason's Minn matter ment modified motion Note notice of appeal objection officer order or judgment papers paragraph person plaintiff pleading practice prescribed proceedings provided in Rule record on appeal relief Remington's Rev request require Rule 30 Rules of Civil served service of process statutes Subdivision subpoena suit summons and complaint supersedeas bond Supreme Court taken testimony therein thereof thereto tion Title 28 trial by jury United unless verdict witness writ of error
Popular passages
Page 35 - The third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff or to the third-party plaintiff.
Page 35 - Before the service of his answer a defendant may move ex parte or, after the service of his answer, on notice to the plaintiff, for leave as a third-party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him.
Page 27 - ... 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 35 - ... for all or part of the plaintiff's claim against him. If the motion is granted and the summons and complaint are served, the person so served, hereinafter called the third-party defendant, shall make his defenses...
Page iii - Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant.
Page 120 - 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.
Page 143 - Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice...
Page iii - 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 kw.
Page 167 - These rules grant extensive power of joining claims and counterclaims in one action, but, as this rule states, such grant does not extend federal jurisdiction. The rule is declaratory of existing practice under the Federal Equity Rules with regard to such provisions as Equity Rule 26 on Joinder of Causes of Action and Equity Rule 30 on Counterclaims. Compare Shulman and Jaegerman, Some Jiirisdictional Limitations on Federal Procedure, 45 Yale LJ 393 (1936).
Page vi - Court a draft of a unified system of rules as above described. 4. During the recess of the Court the Chief Justice is authorized to fill any vacancy in the Advisory Committee which may occur through failure to accept appointment, resignation, or otherwise. 5. The Advisory Committee shall at all times be directly responsible to the Court. The Committee shall not incur expense or make any financial commitments except upon the approval of the Court as certified by the Chief Justice or upon his order...