Decisions on Federal Rules of Civil Procedure: bulletin, Issues 1-10Department of Justice., 1938 - Civil procedure |
From inside the book
Results 1-5 of 35
Page 17
bulletin. United States Court of Appeals for the District of Columbia Order by the Court promulgated October 11 , 1938 . " It is ordered by the court that in actions at law in which an appeal to this court was ... Circuit Court of Appeals )
bulletin. United States Court of Appeals for the District of Columbia Order by the Court promulgated October 11 , 1938 . " It is ordered by the court that in actions at law in which an appeal to this court was ... Circuit Court of Appeals )
Page 2
... Circuit Court in the same case and found in 86 Fed . ( 2d ) 77. In my opinion I had relied on the opinion of the Court of Appeals . Both the litigants contend that the principle announced in the Mumm case does not apply in the case ...
... Circuit Court in the same case and found in 86 Fed . ( 2d ) 77. In my opinion I had relied on the opinion of the Court of Appeals . Both the litigants contend that the principle announced in the Mumm case does not apply in the case ...
Page 18
... court's determination . CAFFEY , D. J. -- Oral ruling during the course of the trial . The sole ruling that I made ... Circuit Court of Appeals for this Circuit , There is no dispute among counsel that where an admission is put in , then ...
... court's determination . CAFFEY , D. J. -- Oral ruling during the course of the trial . The sole ruling that I made ... Circuit Court of Appeals for this Circuit , There is no dispute among counsel that where an admission is put in , then ...
Page 19
... Court of the United States and of the Circuit Court of Appeals for this Circuit which have been called to my at- tention , the precise problem with which I am dealing has not been settled . If you desire to see what that problem is , it ...
... Court of the United States and of the Circuit Court of Appeals for this Circuit which have been called to my at- tention , the precise problem with which I am dealing has not been settled . If you desire to see what that problem is , it ...
Page 20
... Court of Appeals in Rouse v . Whited is correct . Otherwise there would be drawn into a litigation much that is wholly irrelevant to what is involved in that litigation . The rule ... Circuit Court -20- U. S. v . Aluminum Co. ( continued )
... Court of Appeals in Rouse v . Whited is correct . Otherwise there would be drawn into a litigation much that is wholly irrelevant to what is involved in that litigation . The rule ... Circuit Court -20- U. S. v . Aluminum Co. ( continued )
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Common terms and phrases
admissibility affidavit Alexander Holtzoff alleged amended AMERICAN SURETY COMPANY answer application averment bill of complaint bill of particulars cause of action Circuit Court civil action Civil Procedure contributory negligence Corporation counsel counterclaim Court of Appeals defendant's motion Definite Statement demurrer denied District Court district judge District of Pennsylvania Eastern District Editorial Headnote effective date entitled Equity Rule examination facts federal courts Federal Rules filed FOSTER WHEELER CORPORATION fraud granted ground Illinois infringement Insurance interrogatories issue JAMES ALGER FEE Judgment on Pleadings jurisdiction jury matter Motion for Judgment motion to dismiss November 28 October October 24 old Rules opinion overruled paragraph party petition plaintiff prior proceedings provides provisions of Rule question relief Rule 12 Rule 30 Rule 73 Rule 86 Rules of Civil Rulo September 16 special master specify statement of claim statute Subdivision Subsection Supreme Court take depositions testimony tion trial United witness writ York November
Popular passages
Page 8 - Court ; and no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant...
Page 16 - Rule 30 (b) or (d), the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection...
Page 8 - Intervention. (a) INTERVENTION OF RIGHT. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or (3) when the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody...
Page 8 - ... that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.
Page 10 - If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading had not been served. For a wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.
Page 2 - A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of...
Page 15 - No writ of error or appeal intended to bring any judgment or decree before a circuit court of appeals for review shall be allowed unless application therefor be duly made within three months after the entry of such judgment or decree.
Page 14 - ... a party may move for a more definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading or to prepare for trial.
Page 8 - At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party...
Page 7 - ... or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers...