Case Management and Court Management in United States District Courts

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Federal Judicial Center, 1977 - 153 páginas

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Página 117 - 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. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
Página 117 - Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state in which the district court is held.
Página 117 - Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Sundays and holidays shall be excluded in the computation.
Página 117 - The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday.
Página 118 - ... statement of genuine issues" setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated. In determining any motion for summary judgment, the court may assume that the facts as claimed by the moving party are admitted to exist without controversy except as and to the extent that such facts are asserted to be actually in good faith controverted in a statement filed in opposition to the motion.
Página 121 - ... years before date of death, work expectancy, reasonable probability of promotion, rate of earnings for five years before date of death, life expectancy under the mortality tables, general physical condition immediately prior to date of death, the names, dates of birth, and relationship of...
Página 118 - All such applications shall be accompanied by a memorandum containing the title and number of the cause, the nature of the motion and the name of counsel for the opposite party, if known.
Página 121 - ... period prior to date of death, a statement of the decedent's personal expenses and a fair allocation of the usual family expenses for decedent's living for a period of at least three years prior to the date of death, and the amount claimed for care, advice, nurture, guidance, training, etc., by the deceased, if a parent, during the minority of any dependent. The defendant shall set forth any acts of contributory negligence claimed, in addition to any other defenses he intends to interpose.
Página 121 - With respect to negligence cases, the plaintiff should set forth : Acts of negligence claimed. Specific laws and regulations alleged to have been violated. A statement as to whether the doctrine of res ipsa loquitur is relied upon, and the basis for such reliance. A detailed list of personal injuries claimed. A detailed list of permanent personal injuries claimed, including the nature and extent thereof. The age of the plaintiff. The life and work expectancy of the plaintiff, if permanent injury...
Página 130 - As to breach of contract, the specific acts or omission relied upon. 8. A concise statement of issues of law on which there is agreement. 9. A concise statement of issues of law which remain for determination by the Court. 10. Each party's numbered list of trial exhibits, other than impeachment exhibits, with objections, if any, to each exhibit, including the basis of objections. The list of exhibits shall be on separate schedules attached to the stipulation.

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