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 StatesUnited States. Supreme Court, United States. District Courts, United States. Supreme Court. Advisory Committee on Rules for Civil Procedure U.S. Government Printing Office, 1939 - 313 páginas |
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Resultados 1-5 de 77
Página xiv
... Matters : ( a ) Capacity- Page 12 ( b ) Fraud , Mistake , Condition of the Mind_ 12 ( c ) Conditions Precedent .... 12 ( d ) Official Document or Act . 12 ( e ) Judgment .. 12 ( f ) Time and Place .. 13 ( g ) Special Damage . Rule 10 ...
... Matters : ( a ) Capacity- Page 12 ( b ) Fraud , Mistake , Condition of the Mind_ 12 ( c ) Conditions Precedent .... 12 ( d ) Official Document or Act . 12 ( e ) Judgment .. 12 ( f ) Time and Place .. 13 ( g ) Special Damage . Rule 10 ...
Página 6
... matter constituting an avoid- ance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due ...
... matter constituting an avoid- ance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due ...
Página 9
... matters of form of pleadings apply to all motions and other papers provided for by these rules . ( c ) DEMURRERS , PLEAS , ETC. , ABOLISHED . De- murrers , pleas , and exceptions for insufficiency of a pleading shall not be used . Rule ...
... matters of form of pleadings apply to all motions and other papers provided for by these rules . ( c ) DEMURRERS , PLEAS , ETC. , ABOLISHED . De- murrers , pleas , and exceptions for insufficiency of a pleading shall not be used . Rule ...
Página 11
... matter constituting an avoidance or affirmative de- fense . When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense , the court on terms , if justice so requires , shall treat the pleading as if ...
... matter constituting an avoidance or affirmative de- fense . When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense , the court on terms , if justice so requires , shall treat the pleading as if ...
Página 12
... Matters . ( a ) CAPACITY . It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized asso- ciation of persons ...
... Matters . ( a ) CAPACITY . It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized asso- ciation of persons ...
Términos y frases comunes
admission adverse party affidavits affirmative defense Allegation of jurisdiction amended answer appeal to circuit appellate court application attorney averments bond on appeal cause shown circuit court civil action clerk Code Ann complaint copy costs counterclaim court of appeals cross-claim declaratory judgment deems defendant C. D. deponent directed verdict dismissal district court docket documents enforce entitled entry evidence fact failure Form hearing incompetent person injunction interpleader interrogatories issues joinder judgment by default jurors letters rogatory ment Misjoinder motion Note to Subdivision notice of appeal objection Offer of Judgment officer or agency otherwise paragraph prescribed proceedings provided in Rule record on appeal refusal relief request responsive pleading Rule 30 Rules of Civil SEPARATE TRIALS served service of process specified Stat statement statute stenographers subpoena supersedeas bond Supreme Court taken taking the deposition testimony therein third-party defendant tion Title 28 trial by jury United unless the court witness
Pasajes populares
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 14 - 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.
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.