General Rules of ProcedureThe Commission, 1972 - 31 páginas |
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Página 6
... issue as to the capacity of such a recognized tribal organization to sue , it shall do so by specific negative averments , which shall include supporting particulars . ( b ) If a petition is filed by one or more members of a tribe ...
... issue as to the capacity of such a recognized tribal organization to sue , it shall do so by specific negative averments , which shall include supporting particulars . ( b ) If a petition is filed by one or more members of a tribe ...
Página 8
... issue of liability alone although there is a genuine issue as to the amount of damages . ( iv ) Case not fully adjudicated on motion . If , on motion under this rule , judgment is not rendered upon the whole case or for all the relief ...
... issue of liability alone although there is a genuine issue as to the amount of damages . ( iv ) Case not fully adjudicated on motion . If , on motion under this rule , judgment is not rendered upon the whole case or for all the relief ...
Página 9
... issue for trial . If he does not so respond , summary judgment , if appropriate , will be entered against him . ( vi ) When affidavits are unavailable . Should it appear from the affidavit of a party opposing the motion that he cannot ...
... issue for trial . If he does not so respond , summary judgment , if appropriate , will be entered against him . ( vi ) When affidavits are unavailable . Should it appear from the affidavit of a party opposing the motion that he cannot ...
Página 11
... issues may be made upon motion of any party at any time , even after judgment ; but failure to so amend does not affect the result of the trial of these issues . If evidence not within the issues made by the pleadings is offered at a ...
... issues may be made upon motion of any party at any time , even after judgment ; but failure to so amend does not affect the result of the trial of these issues . If evidence not within the issues made by the pleadings is offered at a ...
Página 17
... issues of the case . ( c ) Motions for calls upon any department or agency of the Govern- ment shall be filed in the Clerk's office . If no objection is filed with the Clerk within 10 days after the motion has been served on the ...
... issues of the case . ( c ) Motions for calls upon any department or agency of the Govern- ment shall be filed in the Clerk's office . If no objection is filed with the Clerk within 10 days after the motion has been served on the ...
Términos y frases comunes
60 days action admissible adverse party affidavits amendment of findings answer appear attorney of record Attorney's aver band or group behalf cause shown certified copies claim or defense claimant Clerk Commencement of action COMMISSION GENERAL RULES Commissioner or Examiner Consolidation copies thereof counterclaim or set-off court Defenses and objections department or agency deponent designated Disbarment documentary evidence documents errors and irregularities excusable neglect failure findings of fact Form of pleadings hearing INDIAN CLAIMS COMMISSION matters motion for summary Motions for rehearing moving party oath offered in evidence officer oral examination original petition papers paragraph person petitioner plaintiff pleading is permitted prescribed presented proceeding promptly provided in Sec reasonable reply brief requested findings required by Sec responsive pleading RULES OF PROCEDURE seal signed specified subpoena summary judgment taken taking the deposition therein tion Trial calendar tribal organization tribe United unless the Commission waived unless witness written interrogatories
Pasajes populares
Página 7 - Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a...
Página 14 - Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending.
Página 3 - 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 11 - Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
Página 9 - 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 3 - 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...
Página 16 - RECORD. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30 (c), (e), and (f), to take the testimony of the witness...
Página 21 - All evidence shall be admitted which is admissible under the statutes of the United States, or under the rules of evidence heretofore applied in the courts of the United States on the hearing of suits in equity, or under the rules of evidence applied in the courts of general jurisdiction of the state in which the United States court is held.
Página 13 - ... 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.
Página 23 - When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.