Rules of Civil Procedure for the District Courts of the United States with Index and Notes: Rules of Civil Procedure for the District Courts of the United States Adopted by the Supreme Court of the United States, Together with an Index to the Rules Prepared by the Staff of the Advisory Committee on Rules for Civil Procedure, Also the Notes to the Rules as Prepared Under the Direction of the Advisory Committee on Rules for Civil Procedure Appointed by the Supreme Court of the United States
U.S. Government Printing Office, 1939 - 313 páginas
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accordance action admissible allowed amended amount answer appeal application attendance attorney authorized averments bond cause circuit court civil claim clerk Code Compare complaint condition copy costs counterclaim court of appeals cross-claim deems default defendant demand deposition designated directed dismissal district court documents effect enforce entered entitled entry Equity Rule evidence examination fact failure Federal filed findings Form granted grounds hearing interest interrogatories issues joinder judge judgment jurisdiction jury limited manner matter motion Note to Subdivision notice objection officer otherwise party pending permitted person plaintiff pleading practice prescribed present procedure proceedings question reasonable record record on appeal reference refusal relief request Rule separate served signed specified Stat statement statute stenographers subpoena summons Supreme Court taken taking testimony therein thereof third-party tion Title 28 trial United unless verdict witness written
Página 70 - Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Página 7 - 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.
Página 11 - A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.
Página 234 - Actions, (a) Representation. If persons constituting a class are so numerous as to make it impracticable to bring them all before the court...
Página 20 - 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 placed upon the trial calendar, he may so amend it at any time within 20 days after it is served.
Página 79 - No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
Página 54 - The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, crossclaims, counterclaims, third-party claims, or issues...
Página 73 - ... upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Página 26 - 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.