Judicial Review of Veterans' Claims: Hearing Before a Special Subcommittee of the Committee on Veterans' Affairs, House of Representatives, Eighty-sixth Congress, Second Session, on H.R. 947 [and Others] ..., Apr;il 5, 6, 7, 11, 27, 28, 29, and May 3, 1960
U.S. Government Printing Office, 1960 - 1000 páginas
Considers H.R. 947 and similar bills, to establish legal apparatus for adjudicating veterans' claims and appeals and for reviewing decisions. Includes. a. "Rules of the U.S. Court of Claims," Dec. 2, 1957 (p. 2402-2592). b. "Origin and History of War Pensions Appeal Tribunals" England and Wales, by Harry J. Knapman, together with appendices of supporting documents, Sept. 1953 (p. 2821-3274)
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accepted action addition Administration agency aggravation allowed amended answer application assessment attorney attributable authority award benefit Board of Veterans cause Chairman claim claimant Commissioner committee compensation condition Congress connection consideration considered copy course Court death decided decision Department determination direct disablement disease doubt duty effect entitlement established evidence examination existing fact filed final findings forces further give given going Government ground hearing hospital injury involved issue judge judgment judicial Justice limited matter means military Minister MITCHELL MORSE motion noted notice officer opinion original paragraph party pension Pensions Appeal period person pleading present presumption procedure question reasonable record referred relation representative request respect response Royal Rule SAYLOR served statement tion trial Tribunal United unless Veterans Appeals Warrant witness
Página 2485 - ... it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
Página 2434 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Página 2466 - A party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party, and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also, and may...
Página 2432 - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction...
Página 2450 - Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.
Página 2434 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits.
Página 2419 - 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 2451 - Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party...
Página 2456 - The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of [here insert name of witness...