Rules of Civil Procedure for the United States District Courts with Forms as Amended to July 1, 1968U.S. Government Printing Office, 1968 - 89 pages |
Other editions - View all
Common terms and phrases
20 days adjudication admiralty and maritime admissible adverse party affidavits alternate jurors amended Dec amended Feb amended Jan answer appear application asserted attorney averments cause shown claim for relief claimant claims or defenses class action clerk commencement complaint copy counterclaim court may direct cross-claim deems defendant C. D. demand deponent directed verdict dismissal district court documents effect entry evidence failure Form granted hearing or trial interest Interpleader interrogatories issue joinder July letter rogatory maritime claim Misjoinder notice objection officer or agency otherwise peremptory challenges pleader prescribed proceedings provided in Rule provisions of Rule reasonable record refusal request responsive pleading Rule 30 SEPARATE TRIALS served service of process specified statute stipulation subpoena summons taken taking the deposition testimony therein thereof third-party claim third-party defendant third-party plaintiff tion Title 28 transaction or occurrence trial by jury United States Attorney United States District unless the court witness
Popular passages
Page 9 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 9 - The signature of an attorney constitutes a certificate by him that he has read the pleading, that to the best of his knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay.
Page 60 - Rule 82. Jurisdiction and Venue Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the United States district courts or the venue of actions therein.
Page 22 - States, unless it appears that the absence of the witness was procured by the party offering the deposition ; or 3, that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or 4, that the party offering the deposition has been unable to procure the attendance of the witness by subpoena...
Page 13 - A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been...
Page 40 - Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action.
Page 49 - 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 5 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
Page 44 - The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
Page 21 - ... to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence.