General Rules of ProcedureThe Commission, 1972 - 31 sider |
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Side 1
... paragraph ( c ) of this section . ( c ) Where by virtue of fraud , collusion or laches on the part of a recognized tribal organization a claim has not been presented ( or has not been included as part of a presented claim ) , any member ...
... paragraph ( c ) of this section . ( c ) Where by virtue of fraud , collusion or laches on the part of a recognized tribal organization a claim has not been presented ( or has not been included as part of a presented claim ) , any member ...
Side 2
... paragraph ) unless service upon the party himself is ordered by the Commission . Service upon the attorney of record or upon a party shall be made by delivering a copy to him or by mailing it to him at his address registered with the ...
... paragraph ) unless service upon the party himself is ordered by the Commission . Service upon the attorney of record or upon a party shall be made by delivering a copy to him or by mailing it to him at his address registered with the ...
Side 6
... Paragraph III of Answer " , " Defend- ant's Motion for Extension of Time within Which to File Requested Find- ings ... Paragraphs ; separate statements . All averments of claims or defenses shall be made in numbered paragraphs , the ...
... Paragraph III of Answer " , " Defend- ant's Motion for Extension of Time within Which to File Requested Find- ings ... Paragraphs ; separate statements . All averments of claims or defenses shall be made in numbered paragraphs , the ...
Side 7
... paragraph may be referred to by number in all succeeding pleadings . Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation ...
... paragraph may be referred to by number in all succeeding pleadings . Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation ...
Side 9
... paragraph ( b ) of this section , whether made in a pleading or by motion , and the motion for judgment mentioned in paragraph ( c ) of this section shall be heard and determined before trial on application of any party , unless the ...
... paragraph ( b ) of this section , whether made in a pleading or by motion , and the motion for judgment mentioned in paragraph ( c ) of this section shall be heard and determined before trial on application of any party , unless the ...
Vanlige uttrykk og setninger
60 days action admissible adverse party affidavits amendment of findings answer appear attorney of record Attorney's aver band or group behalf cause shown certified copies claim or defense claimant Clerk Commencement of action COMMISSION GENERAL RULES Commissioner or Examiner Consolidation copies thereof counterclaim or set-off court Defenses and objections department or agency deponent designated Disbarment documentary evidence documents errors and irregularities excusable neglect failure findings of fact Form of pleadings hearing INDIAN CLAIMS COMMISSION matters motion for summary Motions for rehearing moving party oath offered in evidence officer oral examination original petition papers paragraph person petitioner plaintiff pleading is permitted prescribed presented proceeding promptly provided in Sec reasonable reply brief requested findings required by Sec responsive pleading RULES OF PROCEDURE seal signed specified subpoena summary judgment taken taking the deposition therein tion Trial calendar tribal organization tribe United unless the Commission waived unless witness written interrogatories
Populære avsnitt
Side 7 - Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a...
Side 14 - Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending.
Side 3 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
Side 11 - Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
Side 9 - Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Side 3 - When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion...
Side 16 - RECORD. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30 (c), (e), and (f), to take the testimony of the witness...
Side 21 - All evidence shall be admitted which is admissible under the statutes of the United States, or under the rules of evidence heretofore applied in the courts of the United States on the hearing of suits in equity, or under the rules of evidence applied in the courts of general jurisdiction of the state in which the United States court is held.
Side 13 - ... such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Side 23 - When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.