Report of Proposed Amendments to the Rules of Civil Procedure for the United States District CourtsU.S. Government Printing Office, 1955 - 70 pages |
Expressions et termes fréquents
2d Cir 36 Minn 9th Cir admission adopted affidavits Alfred Pearson amended rule amendment to Rule answer appeal appellate court applicable attorney Barron & Holtzoff cert Civil Procedure claim clearly erroneous clerk copies Corp cross-claim D. C. Cir deposition direct discovery dismissed district courts documents effect entry of judgment examination federal court Federal Rules filed genuine issue granted impleader interrogatories judgment debtor Judicial jury leave to serve matters ments Moore's Federal Practice motion for judgment Note notice officer party defendant permit personal service Prac Pre-Trial prescribed Proc proceedings proposed amendment provided in Rule quasi in rem relief Report request Rule 14 Rule 25 Rule 60 Rules of Civil Rules Serv sentence serve a third-party service of process Stat statute of limitations Subdivision substitution summary judgment Supp supplemental pleading thereof third-party complaint third-party defendant tion United States attorney United States District verdict Yale L. J.
Fréquemment cités
Page 69 - When the court directs that a party recover only money or costs or that all relief be denied, the clerk shall enter judgment forthwith upon receipt by him of the direction ; but when the court directs entry of judgment for other relief, the judge shall promptly settle or approve the form of the judgment and direct that it be entered by the clerk.
Page 42 - When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control.
Page 22 - ... motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented.
Page 43 - 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.
Page 20 - ... other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. [The third-party defendant...
Page 67 - ... within 20 days after the service of this summons upon you exclusive of the day of service.
Page 52 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
Page 52 - A finding is clearly erroneous when "although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed,
Page 64 - ... otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within 20 days after the service of summons upon such initial pleading, then filed, or within 5 days after the filing of the petition for removal, whichever period is longest. If at the time of removal all necessary pleadings have been served...
Page 20 - The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.