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The Code of Federal Regulations of the United States of America ..., Volum 1
Uten tilgangsbegrensning - 1939
The Code of Federal Regulations of the United States of America ..., Volum 8
Uten tilgangsbegrensning - 1939
accordance acre action additional Agency allotment allowed amended amount appeal application approved assessment assignment authorized bond certificate charges claims Commissioner competency construction contract copy corporation cost court covered deemed delivered delivery Department deposit determined Director district drilling engineer examiner exceed executed filed funds furnish Government granted grazing hearing held Indian Affairs individual interest Interior irrigation issued lands lease less lessee lessor loans ment mining month necessary notice Offenses officer oil and gas operations Osage otherwise owner paid party payment percent period permit person proper purchase reasonable received record REFERENCE regulations removed rental representative reservation restricted royalty Secretary showing Stat statement superintendent thereof tion Title tract tribal tribe trust United unless
Side 332 - ... (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
Side 329 - 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 337 - ... and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
Side 332 - Effect of Taking or Using Depositions. A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in paragraph (2) of subdivision (d) of this rule.
Side 333 - ... state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under Rule 32 (d) (4) the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
Side 335 - In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof...
Side 326 - In computing any period of time prescribed or allowed by the rules in this part by order of Commission, Commissioner or Examiner 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.
Side 333 - The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness.
Side 328 - Separate Statements: All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a 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 facilitates the clear presentation of the matters...