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adjudicating adverse party affidavits allow amended answer appeal appellate court applicable attorney awarded CCA 2d CCA 7th cert Civil Procedure clearly erroneous clerk conclusions of law Corp costs counsel counterclaim cross-claim damages decision declaratory judgment default judgment defendant denied deposition determination directed verdict discretion dismissal district court entered entry of judgment evidence excusable neglect Extrinsic fraud F. R. Serv fact and conclusions failure Federal Rules filed final judgment findings of fact fraud granted grounds hearing Historical Note Rule interrogatories involved issue of fact judgment n.o.v. judgment notwithstanding jury trial master's report matter motion for judgment motion for summary motion under Rule multiple claims multiple parties Natl notice objection officer plaintiff pleadings proceedings reasonable request Rule 58 Rule Rule Rules of Civil special verdict statute subdivision subpoena summary judgment Supp supra text of Rule trial by jury trial court trial judge U. S. App United