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Այլ խմբագրություններ - View all
Rules of Civil Procedure for the United States District Courts
United States. District Courts
Ամբողջությամբ դիտվող - 1981
accordance action additional admission affidavits allowed amended Dec amount answer appeal application attorney authorized cause claim clerk complaint copy costs counterclaim defendant demand deny deposition designated determine directed discovery dismissal district court documents effect entered entitled entry evidence examination expenses fact fails failure filing final findings Form give given granted grounds hearing inspection interest interrogatories issue judg judgment July jurisdiction jury known limit manner matter motion move notice objection obtain officer otherwise party pending permit person plaintiff pleading prescribed present procedure proceedings proper provided in Rule pursuant questions reasonable record reference relating relief request respect response Rule served signed specified statement statute stipulation subdivision subpoena summons taken taking testimony therein thereof third-party Title trial trial by jury United unless verdict witness written
Էջ 10 - 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 17 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
Էջ 18 - ... the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole...
Էջ 26 - If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.
Էջ 46 - 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 68 - They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.
Էջ 5 - The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.
Էջ 34 - 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 31 - ... 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.