Federal Rules Of Civil Procedure With Resources For Study 2004

by Subrin; Minow; Brodin

• ISBN13: 9780735550889
• ISBN10: 0735550883
• Format: Paperback
• Copyright: 2004-06-28
• Publisher: Wolters Kluwer

Summary

By pairing the Federal Rules of Civil Procedure And The Judiciary Code with relevant cases, notes, and questions, this easy-to-use supplement has earned the respect of both instructors and students. Equally useful with Stephen C. Yeazell's casebook or other materials in the field, Federal Rules of Civil Procedure : With Selected Statutes and Cases, 2004 Edition, facilitates teaching and learning through: a convenient, index-tabbed format that helps the user locate specific information quickly coverage of recent developments, cases, The latest Rules, and amended statutes notes and questions to enhance class discussion

Table of Contents

Preface	p. xi
Federal Rules of Civil Procedure
Scope of Rules-one Form of Action
Scope and Purpose of Rules	p. 1
One Form of Action	p. 1
Commencement of Action; Service of Process, Pleadings, Motions, and Orders
Commencement of Action	p. 1
Summons	p. 1
Service of Other Process	p. 6
Serving and Filing Pleadings and Other Papers	p. 6
Time	p. 7
Pleadings and Motions
Pleadings Allowed; Form of Motions	p. 8
Disclosure Statement	p. 9
General Rules of Pleading	p. 9
Pleading Special Matters	p. 10
Form of Pleadings	p. 11
Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions	p. 12
Defenses and Objections--When and How Presented--By Pleading or Motion -- Motion for Judgment on the Pleadings	p. 13
Counterclaim and Cross-Claim	p. 15
Third-Party Practice	p. 16
Amended and Supplemental Pleadings	p. 17
Pretrial Conferences; Scheduling; Management	p. 19
Parties
Parties Plaintiff and Defendant; Capacity	p. 21
Joinder of Claims and Remedies	p. 22
Joinder of Persons Needed for Just Adjudication	p. 22
Permissive Joinder of Parties	p. 23
Misjoinder and Non-Joinder of Parties	p. 23
Interpleader	p. 23
Class Actions	p. 24
Derivative Actions by Shareholders	p. 27
Actions Relating to Unincorporated Associations	p. 27
Intervention	p. 28
Substitution of Parties	p. 28
Depositions and Discovery
General Provisions Governing Discovery; Duty of Disclosure	p. 29
Depositions before Action or Pending Appeal	p. 35
Persons before Whom Depositions May Be Taken	p. 37
Stipulations Regarding Discovery Procedure	p. 37
Depositions upon Oral Examination	p. 38
Depositions upon Written Questions	p. 41
Use of Depositions in Court Proceedings	p. 42
Interrogatories to Parties	p. 44
Production of Documents and Things and Entry upon Land for Inspection and Other Purposes	p. 45
Physical and Mental Examination of Persons	p. 45
Requests for Admission	p. 46
Failure to Make Disclosure or Cooperate in Discovery; Sanctions	p. 47
Trials
Jury Trial of Right	p. 50
Trial by Jury or by the Court	p. 51
Assignment of Cases for Trial	p. 51
Dismissal of Actions	p. 51
Consolidation; Separate Trials	p. 52
Taking of Testimony	p. 52
Proof of Official Record	p. 53
Determination of Foreign Law	p. 54
Subpoena	p. 54
Exceptions Unnecessary	p. 56
Selection of Jurors	p. 57
Number of Jurors--Participation In Verdict	p. 57
Special Verdicts and Interrogatories	p. 57
Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings	p. 58
Instructions to Jury: Objection	p. 59
Findings by the Court; Judgment on Partial Findings	p. 60
Masters	p. 61
Judgment
Judgments; Costs	p. 63
Default	p. 64
Summary Judgment	p. 65
Declaratory Judgments	p. 66
Entry of Judgment	p. 66
New Trials; Amendment of Judgments	p. 67
Relief from Judgment or Order	p. 68
Harmless Error	p. 69
Stay of Proceedings to Enforce a Judgment	p. 69
Inability of a Judge to Proceed	p. 70
Provisional and Final Remedies
Seizure of Person or Property	p. 70
Injunctions	p. 71
Security: Proceedings against Sureties	p. 72
Receivers Appointed by Federal Courts	p. 72
Deposit in Court	p. 72
Offer of Judgment	p. 73
Execution	p. 73
Judgment for Specific Acts; Vesting Title	p. 73
Process in Behalf of and Against Persons not Parties	p. 74
Special Proceedings
Condemnation of Property	p. 74
Magistrate Judges; Pretrial Orders	p. 78
Magistrate Judges; Trial by Consent and Appeal Options	p. 79
[Abrogated]	p. 79
[Abrogated]	p. 79
[Abrogated]	p. 79
District Courts and Clerks
District Courts and Clerks	p. 79
Motion Day	p. 80
Books and Records Kept by the Clerk and Entries Therein	p. 80
Stenographer; Stenographic Report or Transcript as Evidence	p. 81
General Provisions
Applicability in General	p. 81
Jurisdiction and Venue Unaffected	p. 83
Rules by District Courts; Judge's Directives	p. 83
Forms	p. 84
Title	p. 84
Effective Date	p. 84
Appendix of Forms	p. 85
Resources for Study
Advisory Committee Notes
1938 Advisory Committee	p. 107
1948 Advisory Committee	p. 109
1963 Advisory Committee	p. 112
1966 Advisory Committee	p. 114
1970 Advisory Committee	p. 125
1971 Advisory Committee	p. 143
1980 Advisory Committee	p. 143
1983 Advisory Committee	p. 144
1985 Advisory Committee	p. 153
1987 Advisory Committee	p. 154
1991 Advisory Committee	p. 155
1993 Advisory Committee	p. 161
1995 Advisory Committee	p. 183
1996 Advisory Committee	p. 184
2000 Advisory Committee	p. 185
2001 Advisory Committee	p. 190
2002 Advisory Committee	p. 191
2003 Advisory Committee	p. 192
Restatement (Second) of Judgments
Former Adjudication: The Effects of a Judicial Judgment	p. 205
General Rules Applicable to Judgments ([section] 13-16)	p. 205
Personal Judgments ([section] 17-29)	p. 209
Judgments Based on Jurisdiction Over Things or Over Status ([section] 30-32)	p. 250
Declaratory Judgments ([section] 33)	p. 258
Relief From a Judgment	p. 260
Relief Sought by a Party ([section] 65-74)	p. 260
Model Rules of Transnational Civil Procedure
Jurisdiction, Joinder, and Venue	p. 277
Pleading Stage	p. 279
General Authority of the Court	p. 284
Appellate and Subsequent Proceedings	p. 288
United States Constitution	p. 291
United States Code
Title 9	p. 303
Title 28	p. 307
Title 42	p. 362
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