Report...containing Proposed Rules of Civil Procedure for the District Courts of the United States

Front Cover
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Common terms and phrases

Popular passages

Page iii - That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Page 9 - Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process...
Page 9 - ... (7) Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule, it is also sufficient if the summons and complaint are served in the manner prescribed by any statute of the United States or in the manner prescribed by the law of the state in which the service is made for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state.
Page 59 - If persons constituting a class are so numerous as to make it impracticable to bring them all before the court...
Page 150 - The court may at any time unite the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both...
Page 44 - ... arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading...
Page 116 - Proof of service of a notice to take a deposition as provided in Rules 30 (b) and 31 (a) constitutes a sufficient authorization for the issuance by the clerk of the district court for the district in which the deposition is to be taken of subpoenas for the persons named or described therein.
Page iii - Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant.
Page 50 - RULE 18. JOINDER OF CLAIMS AND REMEDIES (a) Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal, equitable, or maritime, as he has against an opposing party.
Page 59 - See Moore, Federal Rules of Civil Procedure: Some Problems Raised by the Preliminary Draft, 25 Geo LJ 551, 570-76 (1937). In practice the terms "joint," "common," etc., which were used as the basis of the Rule 23 classification proved obscure and uncertain.

Bibliographic information