Rules of Civil Procedure for the United States District Courts with Forms as Amended to July 1, 1966
U.S. Government Printing Office, 1966 - 94 էջ
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accordance action addition admiralty affidavits Allegation allowed amended amended Dec amount answer appeal application appointed asserted attorney authorized averments bond brought cause civil claim clerk complaint Cong Congress copy costs counterclaim cross-claim defendant delivering demand denied deposition designated determined directed dismissed district court documents effective entered entry evidence examination fact failure filing findings Form given granted grounds hearing interest interrogatories issue joined judgment July jurisdiction jury leave limits manner maritime matter motion notice objection officer original otherwise party pending period permitted person plaintiff pleading practice prescribed present procedure proceedings provided in Rule reasonable record reference relief representative request respect responsive pleading separate served signed specified statement statute subdivision sufficient summons taken taking therein thereof third-party Title trial United unless verdict witness written
Էջ 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.
Էջ 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.
Էջ 65 - 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.
Էջ 43 - ... the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.
Էջ 5 - When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure...
Էջ 22 - ... than 100 miles from the place of trial or hearing, or is out of the United 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...
Էջ 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.
Էջ 8 - For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. (g) Special Damage. When items of special damage are claimed, they shall be specifically stated.