Rules of Civil Procedure for the United States District Courts with Forms as Amended to July 1, 1966 |
Common terms and phrases
20 days admiralty admiralty and maritime admissible adverse party affidavits Allegation of jurisdiction amended Dec amended Feb amended Jan amount answer application asserted attorney averments cause shown claim for relief class action clerk complaint copy costs counterclaim court of appeals cross-claim deems defendant C. D. deponent directed verdict dismissal district court docket dollars entitled entry evidence examination failure filing Form granted injunction interest Interpleader interrogatories issue joinder July letter rogatory maritime claim ment notice of appeal objection offer of judgment officer or agency otherwise pending person pleader prescribed procedure provided in Rule reasonable record on appeal request responsive pleading Rule 9(h served service of process specified Stat statement statute stipulation subdivision subpoena summons supersedeas bond taken testimony therein thereof thereto third-party defendant third-party plaintiff Title 28 trial by jury United States attorney United States District unless the court Wherefore plaintiff demands witness
Popular passages
Page 9 - 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 5 - ... from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday...
Page 9 - The signature of an attorney constitutes a certificate by him that he has read the pleading, that to the best of his knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay.
Page 65 - Rule 82. Jurisdiction and Venue Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the United States district courts or the venue of actions therein.
Page 43 - ... the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.
Page 5 - When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure...
Page 22 - ... than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or 3, that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or 4, that the party offering the deposition has been unable to procure the attendance of the witness by subpoena...
Page 40 - Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action.
Page 8 - For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. (g) Special Damage. When items of special damage are claimed, they shall be specifically stated.
Page 47 - This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding...