RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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Comment: Due recognition of the traditions and customs of the people of the State of Yap is specifically mentioned in this rule to reflect the purpose of the State Judiciary Act. Rule 2. One Form of Action. There shall be one form of action to be known as "civil action". II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS Rule 3. Commencement of Action. A civil action is commenced by filing a complaint with the court. Rule 4. Process. (a) Summons: Issuance. Upon filing of the complaint the clerk of court shall forthwith issue a summons and deliver it for service to a policeman or to any other person authorized by Rule 4(c) to serve it. Upon request of the plaintiff, separate or additional summons shall issue against any defendants. (b) Summons:Form. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state, the name and address of the plaintiff's attorney or trial counselor, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint. (c) By Whom Served. Service of process shall be made by a policeman or by some person specially appointed by the court for that purpose, except that a subpoena may be served as provided in Rule 45. Special appointments to serve process shall be made freely. (d) Summons: Personal Service. The summons and complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows: (1) Upon an individual, other than a person younger than 14 years old or an incompetent person, by delivering a copy of the summons and of the complaint to him personally or by leaving copies of the summons at his dwelling house or usual place of residence or of business with some person of suitable age and discretion then residing or employed therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. Reasonable attempts shall also be made by the person serving the summons and complaint to inform the person served that the summons and complaint are important documents issued by the court that require. prompt attention and response.
(2) Upon a person younger than 14 years old, by serving the summons and complaint to that person's parent or guardian. Upon an incompetent person, by serving the summons and complaint upon the guardian of the person, if any, or upon the person or agency to which the incompetent has been committed. (3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant. (4) Upon the Government of the State of Yap, by delivering a copy of the summons and of the complaint to the Governor of the State of Yap, and in any action attacking the validity of an order of an officer or agency of the Government of the State of Yap not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to such officer or agency. (5) Upon an officer or agency of the Government of the State of Yap, by serving the Governor of the State of Yap and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation the copy shall be delivered as provided in paragraph (3) of this subdivision of this rule. (6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by delivering a copy of the summons and of the complaint to the chief executive officer thereof or by serving the summons and complaint in the manner prescribed by these rules for the service of summons or other like process upon any such defendant. (7) Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule, it is also sufficient if the summons and complaint are served in the manner prescribed by any laws of the State of Yap. (e) Summons: Service upon Party Not Inhabitant of or Found Within State. Whenever a law of the State of Yap or an order of court thereunder provides for service of a summons, or of a notice, or of an order in place of summons upon a party not an inhabitant of or found within the State of Yap service may be made under the circumstances and in the manner prescribed by the statute or order, or, if there is no provision therein prescribing the manner of service, in a manner stated in this rule. Whenever a law or rule of court of the State of Yap provides (1) for service of a summons, or of a notice, or of an order in place of summons upon a party not an inhabitant of or found within the state, or (2) for service upon or notice to him to appear and respond or defend in an action by reason of the attachment or garnishment or similar seizure of his property located within the state, service may in either case be made under the circumstances and in the manner prescribed in the law or rule.
Page 1 and 2: I. Scope of Rules-One Form of Actio
Page 3 and 4: IV. Parties Rule 14. Third-Party Pr
Page 5 and 6: Rule 30(d) Motion to Terminate or L
Page 7 and 8: Rule 53. Masters Rule 53(a) Appoint
Page 9: Rules 72-76. Vacant X. Courts and C
Page 13 and 14: Comment: Rule 4 follows U.S. Federa
Page 15 and 16: The party opposing the motion shall
Page 17 and 18: constituting an avoidance or affirm
Page 19 and 20: ground to support it; and that it i
Page 21 and 22: (1) Right to Join. A motion under t
Page 23 and 24: Rule 14. Third-Party Practice. (a)
Page 25 and 26: (B) the amendment changes the party
Page 27 and 28: Comment: Rule 18 (a) and (b) have b
Page 29 and 30: (B) adjudications with respect to i
Page 31 and 32: (a) Intervention of Right. Upon tim
Page 33 and 34: (2) Insurance Agreements. A party m
Page 35 and 36: (1) A party is under a duty seasona
Page 37 and 38: proceedings in the Trial Division.
Page 39 and 40: (4) The parties may stipulate in wr
Page 41 and 42: Rule 31. Depositions Upon Written Q
Page 43 and 44: during the taking of the deposition
Page 45 and 46: objection is made to part of an ite
Page 47 and 48: order, the court may permit withdra
Page 49 and 50: the reasonable expenses incurred in
Page 51 and 52: determine them and render judgment
Page 53 and 54: Comment: For purposes of subdivisio
Page 55 and 56: as provided in Rule 41(b). Attorney
Page 57 and 58: VII. JUDGMENT Rule 54. Judgments; C
Page 59 and 60: supporting affidavits for a summary
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court at any time of its own initia
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available under the circumstances a
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Rule 67. Deposit in Court. In an ac
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(d) Notice of Orders or Judgment. I
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Rule 84. Forms. The forms contained
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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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