Decisions on Federal Rules of Civil Procedure: bulletin, Issues 1-10Department of Justice., 1938 - Civil procedure |
From inside the book
Results 1-5 of 51
Page 2
... Answer of Respondent Roy Coldiron and further moved to strike from such Amended Answer part of the portion against which the demurrer was directed and further moved for an order requiring the Additional Respondent Roy Coldiron , to make ...
... Answer of Respondent Roy Coldiron and further moved to strike from such Amended Answer part of the portion against which the demurrer was directed and further moved for an order requiring the Additional Respondent Roy Coldiron , to make ...
Page 3
... answer to the plaintiff's complaint . ORDER OF COURT Now , October 24 , 1938 , defendant's statutory demurrer is dismissed and defendant is allowed twenty days from this date to answer the statement of claim or complaint herein , or ...
... answer to the plaintiff's complaint . ORDER OF COURT Now , October 24 , 1938 , defendant's statutory demurrer is dismissed and defendant is allowed twenty days from this date to answer the statement of claim or complaint herein , or ...
Page 11
... in the particulars mentioned , and shall deny the motion . Defendant may file an answer within twenty days . Western District of Kentucky October 6 , 1938 United States -11- RULE 12 . When and How ( Defenses and Objections -
... in the particulars mentioned , and shall deny the motion . Defendant may file an answer within twenty days . Western District of Kentucky October 6 , 1938 United States -11- RULE 12 . When and How ( Defenses and Objections -
Page 13
... answer has been served , although unquestionably , the court would have power to grant such an order . It is unnecessary under Rule 26 and therefore , the appli- cation is denied . : Eastorn District of Pennsylvania October 4 , 1938 ...
... answer has been served , although unquestionably , the court would have power to grant such an order . It is unnecessary under Rule 26 and therefore , the appli- cation is denied . : Eastorn District of Pennsylvania October 4 , 1938 ...
Page 15
... answer is served , or by filing a stipula- tion of dismissel signed by all the parties who have appeared . ( Letter , Quinn to George W. Parker , Clerk , United States District Court , Fort Worth , Texas , dated October 20 , 1938 ; D.J. ...
... answer is served , or by filing a stipula- tion of dismissel signed by all the parties who have appeared . ( Letter , Quinn to George W. Parker , Clerk , United States District Court , Fort Worth , Texas , dated October 20 , 1938 ; D.J. ...
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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 of Pennsylvania Eastern District Editorial Headnote effective date entitled Equity Rule examination facts federal courts Federal Rules filed FOSTER WHEELER CORPORATION fraud Government granted ground Illinois infringement Insurance interrogatories issue Judgment on Pleadings jurisdiction jury matter Motion for Judgment motion to dismiss notice November 28 October October 27 old Rules opinion overruled paragraph party petition plaintiff prior proceedings provides provisions of Rule question relief Rule 12 Rule 26 Rule 30 Rule 54 Rule 73 Rules of Civil Rulo September 16 special master statement of claim statute Subdivision Subsection supra Supreme Court taking depositions testimony tion trial United witness writ York November
Popular passages
Page 7 - 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 7 - 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 1 - 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 14 - 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...