Amendments to Rules of Civil Procedure for the United States District Courts: April 17, 1961

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U.S. Government Printing Office, 1961 - Civil procedure - 11 pages
 

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Page 5 - When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties...
Page 4 - USC, Title 28, § 1331 (Federal question; amount in controversy; costs) and § 1332 (Diversity of citizenship ; amount in controversy ; costs), as amended by PL 85-554, 72 Stat. 415, July 25, 1958, require that the amount in controversy, exclusive of interest and costs, be in excess of $10,000.
Page 4 - For the purposes of this section and section 1441 of this title, a corporation shall be deemed a citizen of any State by which it has been Incorporated and of the State where it has its principal place of business...
Page 9 - The allegation as to the amount in controversy may be omitted in any case where by law no Jurisdictional amount is required. See, for example, USC, Title 28, § 1338 (Patents, copyrights, trade-marks, and unfair competition), § 1343 (Civil rights and elective franchise).
Page 4 - The defendant moves the court as follows : 1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted. 2. To dismiss the action or in lieu thereof to quash the return of service of summons...
Page 5 - Title 28, § 1391 (Venue generally), subsections (b) and (c). 3. As to paragraph 4, see USC, Title 28, § 1331 (Federal question; amount in controversy; costs), as amended by PL 85-554, 72 Stat. 415, July 25, 1958, requiring that the amount in controversy, exclusive of interest and costs, be in excess of $10,000.
Page 5 - The Honorable, the Chief Justice and Associate Justices of the Supreme Court of the United States.
Page 3 - Use the appropriate phrase or phrases. The general allegation of the existence of a Federal question is ineffective unless the matters constituting the claim for relief as set forth in the complaint raise a Federal question.
Page 5 - City of New York, on the day of , 193-, at 10 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard. Signed: Attorney for Defendant. Address: NOTES 1.

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