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admiralty Admiralty and Maritime admission adverse party affidavits Allegation of jurisdiction amended Dec amended Jan amended Mar amount in controversy answer application attorney certification civil claimant class action clerk complaint Cong consent copy costs counterclaim Court by order cross-claim days after service defendant C. D. directed disclosure discovery dismissal district court district judge eminent domain entry evidence examination failure filing Form garnishment hearing interest Interpleader interrogatories issue Joinder July magistrate judge Maritime Claims ment motion for judgment objection Offer of Judgment officer paragraph party's pending permit person pleader pleading prescribed Pretrial procedure proceedings provided in Rule pursuant reasonable record relief request served service of process specified Stat statute stipulation subdivision subpoena summons testimony thereof third-party defendant third-party plaintiff tion Title 28 transmitted to Congress trial by jury United States attorney United States Code United States District unless the court verdict waived witness
Page 15 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 44 - ... upon application and notice, that 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.
Page 10 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (15) a demand for judgment for the relief to which he deems himself entitled.
Page 18 - 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.
Page 49 - Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.
Page 93 - These rules shall not be construed to extend or limit the jurisdiction of the district courts of the United States or the venue of actions therein.
Page 1 - Rule 2. One Form of Action. There shall be one form of action to be known as "civil action".
Page 7 - Upon an individual other than an infant or an incompetent person by delivering a copy of the summons and of the complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein...
Page 8 - legal holiday" includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus 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.