Rules of Civil Procedure for the United States District Courts, with Forms, October 1, 1979U.S. Government Printing Office, 1979 - 95 էջ |
Common terms and phrases
accordance action additional admission affidavits allowed amended Dec amount answer appear application attorney cause claim clerk compensation complaint copy costs default defendant demand denied deposition designated determine directed discovery dismissal district court documents effect entered entitled entry evidence examination execution expenses extent fact fails failure filing final findings give given granted grounds hearing injunction interest interrogatories issue judg judgment July jurors limit manner matter ment motion move notice objection obtain offer officer otherwise party pending permit person plaintiff pleading presented procedure proceedings proper provided in Rule publication pursuant questions reasonable record reference relating relief request separate served specified statute stay stipulation subdivision submitted subpoena summons taken taking testimony therein thereof third-party Title trial by jury tried United unless unless the court verdict witness written
Սիրված հատվածներ
Էջ 2 - 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 21 - Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.
Էջ 36 - 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.
Էջ 18 - ... party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties...
Էջ 24 - Rule 26(b)(l) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.
Էջ 21 - ... 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 41 - ... unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period.
Էջ 21 - Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
Էջ 40 - 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.
Էջ xiv - ... 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.