Preliminary Draft of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United StatesU.S. Government Printing Office, 1944 - 126 pages |
Common terms and phrases
admission affidavits Alternative answer appellate court applicable assert cert circuit court Civil Procedure claim for relief clerk complaint condemnation copy Corp counterclaim court of appeals cross-claims decision deposition directed verdict district court docket effect eminent domain entered entry of judgment Equity Rule evidence excusable neglect Federal Practice 1938 Federal Rules filing findings of fact granted Holland Township interrogatories join an indispensable judgment or judgments jurisdiction jury limit Maryland Casualty Co ment Moore's Federal Practice motion for judgment notice of appeal permitted prescribed proceedings provided in Rule request responsive pleading Rule 12 Rule 23 Rule 30 Rule 45 Rule 56 Rule 71A Rules of Civil Rules Serv shareholder specified statute stenographic subdivision h subpoena summary judgment Supp supra Supreme Court taken thereof third-party claims third-party defendant third-party plaintiff tion transaction or occurrence transcript trial Tucker Act United States C. C. A. Zenith Radio Corp
Popular passages
Page 32 - ... that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since by operation of law...
Page 36 - Intervention. (a) INTERVENTION OF RIGHT. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's...
Page 55 - Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion.
Page 36 - Intervention (a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: ( 1 ) when a statute of the United States confers an unconditional right to intervene; or (2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action...
Page 121 - A." 2. (Here state the grounds upon which CD is entitled to recover from EF, all or part of what AB may recover from CD The statement should be framed as in an original complaint.) Wherefore CD demands judgment against third-party defendant EF for all sums ' that may be adjudged against defendant CD in favor of plaintiff AB Signed: Attorney for CD, Third-Party Plaintiff. Address: 1.
Page 67 - The partial summary judgment is merely a pre-trial adjudication that certain issues shall be deemed established for the trial of the case. This adjudication is more nearly akin to the preliminary order under Rule 16, and likewise serves the purpose of speeding up litigation by eliminating before trial matters wherein there is no genuine issue of fact. See Leonard v.
Page 4 - UNAFFECTED BY EXPIRATION OF TERM. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court.
Page 30 - 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 96 - When an appeal is permitted by law from a district court to a court of appeals the time within which an appeal may be taken shall be 30 days from the entry of the judgment appealed from...
Page 15 - References in this subdivision to a bill of particulars have been deleted, and the motion provided for is confined to one for a more definite statement, to be obtained only in cases where the movant cannot reasonably be required to frame an answer or other responsive pleading to the pleading in question. With respect to preparations for trial, the party is properly relegated to the various methods of examination and discovery provided in the rules for that purpose.