(2) That the court order the plaintiff and E. F. to interplead their respective claims. (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money. (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money. (5) That the court award to the defendant its costs and attorney's fees. Form 22.-MOTION TO BRING IN THIRD-PARTY DEFENDANT. Defendant moves for leave to make E. F. a party to this action and that there be served upon him summons and third-party complaint as set forth in Exhibit A hereto attached. (Contents the same as in Form 19. No notice is necessary if the motion is made before the moving defendant has served his answer.) Exhibit A United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER A. B., Plaintiff v. C. D., Defendant and third-party Plaintiff Summons v. E. F., third-party defendant To the above-named Third-Party Defendant: You are hereby summoned and required to serve upon plaintiff's attorney whose address is 61111 and upon who is attorney for C. D., defendant and third-party plaintiff, and whose address is an answer to the third-party complaint which is herewith served upon you and an answer to the complaint of the plaintiff, a copy of which is herewith served upon you, within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. [Seal of District Court] Dated Clerk of Court. United States District Court for the Southern District of New York A. B., Plaintiff v. CIVIL ACTION, FILE NUMBER__ C. D., defendant and third-party plaintiff Third-Party Complaint. v. E. F., third-party defendant 1. Plaintiff A. B. has filed against defendant C. D. a complaint, a of which is hereto attached as "Exhibit C." copy 2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.) Wherefore C. D. demands judgment against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in favor of plaintiff A. B. Signed: Attorney for C. D., Third-Party Plaintiff. (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949.) Form 23.-MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24. (Based upon the complaint, Form 16) United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER A. B., plaintiff v. C. D., defendant E. F., applicant for intervention) Motion to intervene as a defendant E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that he is the manufacturer and vendor to the defendant, as well as to others, of the articles alleged in the complaint to be an infringement of plaintiff's patent, and as such has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action.1 Signed: Attorney for E. F., Applicant for Intervention. 1 For other grounds of intervention, either of right or in the discretion of the court, see rule 24 (a) and (b). Notice of Motion (Contents the same as in Form 19) United States District Court for the Southern District of New York Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert the legality of the issuance of the Letters Patent to plaintiff. Second Defense Plaintiff is not the first inventor of the articles covered by the Letters Patent specified in his complaint, since articles substantially · identical in character were previously patented in Letters Patent granted to intervener on January 5, 1920. (As amended Dec. 29, 1948, eff. Oct. 20, 1949.) Form 24.-MOTION FOR PRODUCTION OF DOCUMENTS, ETC., UNDER RULE 34. Plaintiff A. B. moves the court for an order requiring defendant C. D. (1) To produce and to permit plaintiff to inspect and to copy each of the following documents: (Here list the documents and describe each of them.) (2) To produce and permit plaintiff to inspect and to photograph each of the following objects: (Here list the objects and describe each of them.) 3) To permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph (here describe the portion of the real property and the objects to be inspected and photographed). Defendant C. D. has the possession, custody, or control of each of the foregoing documents and objects and of the above mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit A hereto attached. STATE OF Notice of Motion (Contents the Same as in Form 19) Exhibit A 9 A. B., being first duly sworn says: (1) (Here set forth all that plaintiff knows which shows that defendant has the papers or objects in his possession or control.) (2) (Here set forth all that plaintiff knows which shows that each of the above mentioned items is relevant to some issue in the action.) [Jurat] Form 25.-REQUEST FOR ADMISSION UNDER RULE 36. Signed: A. B. days Plaintiff A. B. requests defendant C. D. within after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each document.) (As amended Dec. 27, 1946, eff. Mar. 19, 1948.) Form 26.-ALLEGATION OF REASON FOR OMITTING PARTY. When it is necessary, under Rule 19 (c), for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below: John Doe named in this complaint is not made a party to this action [because he is not subject to the jurisdiction of this court]; [because he cannot be made a party to this action without depriving this court of jurisdiction]. Form 27.-NOTICE OF APPEAL TO COURT OF APPEALS UNDER RULE 73 (b). Notice is hereby given that C. D. and E. F., defendants above named, hereby appeal to the United States Court of Appeals for the Second Circuit from the Order (describing it) (from the final judgment) entered in this action on Attorney for Appellants C. D. and E. F. (As amended Dec. 29, 1948, eff. Oct. 20, 1949.) NOTE Use either the material in the first set of brackets or that in the second, as the case requires. If the appeal is from a part only of an order or judgment, that part must be specified. Rule 73 (b) does not require the appellee to be named. It does require the clerk to notify all other parties than appellant. Form 28.-NOTICE: CONDEMNATION. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK To (here insert the names of the defendants to whom the notice is directed): You are hereby notified that a complaint in condemnation has heretofore been filed in the office of the clerk of the United States District Court for the Southern District of New York, in the United States Court House in New York City, New York, for the taking (here state the interest to be acquired, as "an estate in fee simple") for use (here state briefly the use, "as a site for a post-office building") of the following described property in which you have or claim an interest. (Here insert brief description of the property in which the defendants, to whom the notice is directed, have or claim an interest.) The authority for the taking is (here state briefly, as "the Act of Stat. U. S. C., Title _".) 1 You are further notified that if you desire to present any objection or defense to the taking of your property you are required to serve your answer on the plaintiff's attorney at the address herein designated within twenty days after 2 Your answer shall identify the property in which you claim to have an interest, state the nature and extent of the interest you claim, and state all of your objections and defenses to the taking of your property. All defenses and objections not so presented are waived. And in case your failure so to answer the complaint, judgment of condemnation of that part of the above-described property in which you have or claim an interest will be rendered. of But without answering, you may serve on the plaintiff's attorney a notice of appearance designating the property in which you claim to be interested. Thereafter you will receive notice of all proceedings affecting it. At the trial of the issue of just compensation, whether or not you have previously appeared or answered, you may present 1 And where appropriate add a citation to any applicable Executive Order. 2 Here insert the words "personal service of this notice upon you," if personal service is to be made pursuant to subdivision (d) (3) (1) of this rule [Rule 71A]; or, insert the date of the last publication of notice, if service by publication is to be made pursuant to subdivision (d) (3) (ii) of this rule. |