Preliminary Draft of Rules of Civil Procedure for the District Courts of the United States and the Supreme Court of the District of Columbia, Volume 1
United States. Supreme Court. Advisory Committee on Rules for Civil Procedure, United States. District Court (District of Columbia)
U.S. Government Printing Office, 1936 - Civil procedure - 182 pages
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accordance action admission adopted affidavits allow alternative amended answer appeal application attorney authority averment Bill bond cause Civil claim clerk Code Committee common Comp Compare complaint continued copy costs counterclaim cross-claim deemed defendant deposition directed district court effect English Rules entered Equity Rule error evidence examination existing extent fact Federal filed findings governing granted ground hearing issues judge judgment Judicature Act 1935 jurisdiction jury limited manner matter ment method Michigan modified motion Note notice objection obtaining officer otherwise paragraph party person plaintiff pleading practice prescribed present procedure proceedings question reasonable record reference relief reply request served specified statement Stats statutes Subdivision subpoena substantial sufficient suggested suit summons Supreme Court taken taking testimony therein thereof third tion Title 28 trial tried United unless verdict witness writ written
Page 35 - The third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff or to the third-party plaintiff.
Page 35 - Before the service of his answer a defendant may move ex parte or, after the service of his answer, on notice to the plaintiff, for leave as a third-party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him.
Page 27 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled.
Page 35 - ... for all or part of the plaintiff's claim against him. If the motion is granted and the summons and complaint are served, the person so served, hereinafter called the third-party defendant, shall make his defenses...
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 120 - Sec. 2. 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 : Provided, however, That in such union of rules the right of trial by jury as at common law and declared by the seventh amendment to the Constitution shall be preserved to the parties inviolate.
Page 141 - Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice...
Page iii - 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 kw.
Page 165 - These rules grant extensive power of joining claims and counterclaims in one action, but, as this rule states, such grant does not extend federal jurisdiction. The rule is declaratory of existing practice under the Federal Equity Rules with regard to such provisions as Equity Rule 26 on Joinder of Causes of Action and Equity Rule 30 on Counterclaims. Compare Shulman and Jaegerman, Some Jiirisdictional Limitations on Federal Procedure, 45 Yale LJ 393 (1936).
Page vi - Court a draft of a unified system of rules as above described. 4. During the recess of the Court the Chief Justice is authorized to fill any vacancy in the Advisory Committee which may occur through failure to accept appointment, resignation, or otherwise. 5. The Advisory Committee shall at all times be directly responsible to the Court. The Committee shall not incur expense or make any financial commitments except upon the approval of the Court as certified by the Chief Justice or upon his order...