Federal Rules of Civil Procedure, with Forms.

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DIANE Publishing Inc., 1996 - Civil procedure - 155 pages
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Contents

c Unaffected by Expiration of Term
9
f Construction of Pleadings
11
Rule 10 Form of Pleadings
12
c Sanctions
13
3 Order
14
c Motion for Judgment on the Pleadings
15
g Consolidation of Defenses in Motion
16
d Counterclaim Against the United States
17
b When Plaintiff May Bring in Third Party
18
b Amendments To Conform to the Evidence
19
Rule 16 Pretrial Conferences Scheduling Management
20
d Final Pretrial Conference
21
f Sanctions
22
c Infants or Incompetent Persons
23
b Determination by Court Whenever Joinder Not Feasible
24
Rule 22 Interpleader
25
c Determination by Order Whether Class Action To Be Maintained Notice Judgment Actions Conducted Partially as Class Actions
26
e Dismissal or Compromise
27
Rule 24 Intervention
28
b Incompetency
29
2 Disclosure of Expert Testimony
30
3 Pretrial Disclosures
31
b Discovery Scope and Limits
32
Experts
33
d Timing and Sequence of Discovery
34
f Meeting of Parties Planning for Discovery
35
Rule 27 Depositions Before Action or Pending Appeal
36
3 Order and Examination
37
c Perpetuation by Action
38
Rule 29 Stipulations Regarding Discovery Procedure
39
c Examination and CrossExamination Record of Examination Oath Objections
41
e Review by Witness Changes Signing
42
Rule 31 Depositions Upon Written Questions
43
b Officer To Take Responses and Prepare Record
44
b Objections to Admissibility
45
4 As to Completion and Return of Deposition
46
c Scope Use at Trial
47
b Procedure
48
Rule 36 Requests for Admission
49
b Effect of Admission
50
3 Evasive or Incomplete Disclosure Answer or Response
51
b Failure To Comply With Order
52
d Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection
53
f Expenses Against United States
54
b By the Court
55
c Dismissal of Counterclaim CrossClaim or ThirdParty Claim
56
d Affirmation in Lieu of Oath
57
b Lack of Record
58
b Service
59
d Duties in Responding to Subpoena
61
Rule 49 Special Verdicts and Interrogatories
62
b Renewing Motion for Judgment After Trial Alternative Motion for New Trial
63
Objection
64
Rule 53 Masters
65
d Proceedings
66
Rule 63 Inability of a Judge to Proceed
75
b Temporary Restraining Order Notice Hearing Duration
76
e Employer and Employee Interpleader Constitutional Cases
77
Rule 68 Offer of Judgment
78
b Against Certain Public Officers
79
c Complaint
80
3 Service of Notice
81
f Amendment of Pleadings
82
i Dismissal of Action
83
Rule 72 Magistrate Judges Pretrial Orders
84
b Consent
85
b Notice of Appeal Service
86
b Record on Appeal
87
Rule 76 Judgment of the District Judge on the Appeal Under Rule 73d and Costs
88
d Notice of Orders or Judgments
89
b Civil Judgments and Orders
90
b Scire Facias and Mandamus
91
c Removed Actions
92
Rule 82 Jurisdiction and Venue Unaffected
93
Rule 86 Effective Date
94
APPENDIX OF FORMS
95
Form 1A Notice of Lawsuit and Request for Waiver of Service of Summons
96
Form IB Waiver of Service of Summons
97
Form 2 Allegation of Jurisdiction
98
Form 3 Complaint on a Promissory Note
99
Form 7 Complaint for Money Paid by Mistake
100
Form 11 Complaint for Conversion
101
Form 14 Complaint for Negligence Under Federal Employers Liability Act
102
Form 16 Complaint for Infringement of Patent
103
Form 18 Complaint for Interpleader and Declaratory Relief
105
Form 18A Notice and Acknowledgment for Service by Mail Abrogated Apr 22 1993 eff Dec 1 1993
106
Form 20 Answer Presenting Defenses Under Rule 12b
107
Form 21 Answer to Complaint Set Forth in Form 8 With Counterclaim for Interpleader
108
Form 22B Motion To Bring in ThirdParty Defendant
109
Form 23 Motion To Intervene as a Defendant Under Rule 24
110
Form 24 Request for Production of Documents etc Under Rule 34
111
Form 26 Allegation of Reason for Omitting Party
112
Condemnation
113
Form 30 Suggestion of Death Upon the Record Under Rule 25a1
114
Form 32 Judgment on Decision by the Court
115
Form 33 Notice of Availability of a Magistrate Judge to Exercise Jurisdiction and Appeal Option
116
Form 34A Order of Reference
117
Form 35 Report of Parties Planning Meeting
118
SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS
120
3 Answer
121
4 Notice
122
6 Claim and Answer Interrogatories
123
3 Process
124
5 Release of Property
125
c Release by Consent or Stipulation Order of Court or Clerk Costs
126
9 Disposition of Property Sales
127
3 Claims Against Owner Injunction
128
6 Information To Be Given Claimants
129
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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.
Page 95 - If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint.

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