Amendments to Rules of Civil Procedure for the United States District Courts: April 17, 1961 |
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Common terms and phrases
1331 Federal question 1332 Diversity 20 the Treaty 20th Century-Fox 2d Cir 5th Cir 72 Stat action arises actions brought Advisory Committee ADVISORY COMMITTEE'S NOTE allegation regarding amended by PL amended rule amendment of Rule amount in controversy APRIL 17 automatically substituted ceases to hold Civil Procedure claim for relief claims or parties Congress Connecticut controversy exceeds corporation incorporated cross-claim defendant dismiss the action District Courts Diversity of citizenship EARL WARREN EFFECTIVE DATE exclusive of interest EXPLANATORY NOTES final judgment fully appears hold office improper venue interest and costs Judicial Conference July 25 Jurisdiction founded Jurisdictional Amount Moore's Federal Practice MULTIPLE CLAIMS Notice of Motion official capacity order of substitution place of business principal place proceedings in actions proposed amendments Rule 25 Rule 54 Rule 62 Rules of Civil Service of Process Stay of Proceedings successor is automatically supra Supreme Court take effect Title 28 United States District
Popular passages
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.