Rules of Civil Procedure for the United States District Courts, with FormsU.S. Government Printing Office, 1984 - 113 էջ |
Այլ խմբագրություններ - View all
Rules of Civil Procedure for the United States District Courts, with Forms United States. Supreme Court Ամբողջությամբ դիտվող - 1963 |
Rules of Civil Procedure for the United States District Courts, with Forms United States. Supreme Court Ամբողջությամբ դիտվող - 1983 |
Common terms and phrases
20 days Additional amendments ADMIRALTY AND MARITIME adverse party affidavit affirmative defense amended Dec amended Jan amendments were adopted answer appeal application asserted attorney averments became effective Chief Justice claim for relief claim or defense claimant clerk Comm Cong Congress counterclaim Court by order cross-claim December 29 deposition Directed Verdict discovery dismissed district court District Judge Exec failure filing Form hearing Interpleader interrogatories issue JOINDER letter rogatory magistrate maritime claim ment notice Offer of Judgment officer or agency order dated otherwise paragraph pending person pleader prescribed pretrial procedure proceedings provided in Rule pursuant request responsive pleading Rule 11 served service of process Stat statement statute subdivision subject matter subpoena summons and complaint thereof third-party defendant third-party plaintiff tion Title 28 transaction or occurrence transmitted trial by jury United States attorney United States Code United States marshal unless the court verdict
Սիրված հատվածներ
Էջ 8 - 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.
Էջ 12 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby...
Էջ 6 - ... 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.
Էջ 18 - Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common.
Էջ 7 - The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law...
Էջ 48 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
Էջ 57 - 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.
Էջ 30 - ... upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Էջ 31 - Substitution of parties does not affect the right to use depositions previously taken; and, when an action in any court of the United States or of any state has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.
Էջ 17 - ... shall be given to all members of the class in such manner as the court directs.