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

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

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(C) Sanctions. Failure <strong>of</strong> attorney or trial counselor for a party to file <strong>the</strong><br />

required memorandum <strong>of</strong> points and authorities may, in <strong>the</strong> discretion <strong>of</strong> <strong>the</strong> court,<br />

subject <strong>the</strong> defaulting counsel to <strong>the</strong> imposition <strong>of</strong> sanctions, including refusal by <strong>the</strong><br />

court to hear counsel at <strong>the</strong> hearing, postponement <strong>of</strong> <strong>the</strong> hearing until <strong>the</strong> memorandum<br />

is prepared and filed, waiver by <strong>the</strong> moving party <strong>of</strong> <strong>the</strong> motion, or consent to <strong>the</strong><br />

granting <strong>of</strong> <strong>the</strong> motion if counsel for <strong>the</strong> opposing party fails to file <strong>the</strong> memorandum <strong>of</strong><br />

points and authorities.<br />

(2) Unless o<strong>the</strong>rwise ordered by <strong>the</strong> court, parties must file an original and one<br />

copy <strong>of</strong> all documents filed with <strong>the</strong> court pursuant to <strong>the</strong>se rules. The rules applicable to<br />

captions, signing, and o<strong>the</strong>r matters <strong>of</strong> form <strong>of</strong> pleadings apply to all motions and o<strong>the</strong>r<br />

papers provided for by <strong>the</strong>se rules.<br />

(c) Demurrers, Pleas, Etc., Abolished. Demurrers, pleas, and exceptions for<br />

insufficiency <strong>of</strong> a pleading shall not be used.<br />

Comment: Rule 7 has been amended to reflect <strong>the</strong> elimination <strong>of</strong> <strong>the</strong> motion day.<br />

It has also been modified so that <strong>the</strong> Court need not hold a hearing on a motion unless a<br />

party requests one, so long as <strong>the</strong> Court does not issue an order pursuant to Rule 78.<br />

Rule 8. General Rules <strong>of</strong> Pleadings.<br />

(a) Claims for Relief. A pleading which sets forth a claim for relief, whe<strong>the</strong>r an<br />

original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short<br />

and plain statement <strong>of</strong> <strong>the</strong> claim showing that <strong>the</strong> pleader is entitled to relief, and (2) a<br />

demand for judgment for <strong>the</strong> relief to which he deems himself entitled. Relief in <strong>the</strong><br />

alternative or <strong>of</strong> several different types may be demanded.<br />

(b) Defenses; <strong>For</strong>m <strong>of</strong> Denials. A party shall state in short and plain terms his<br />

defenses to each claim asserted and shall admit or deny <strong>the</strong> averments upon which <strong>the</strong><br />

adverse party relies. If he is without knowledge or information sufficient to form a belief<br />

as to <strong>the</strong> truth <strong>of</strong> an averment, he shall so state and this has <strong>the</strong> effect <strong>of</strong> a denial. Denials<br />

shall fairly meet <strong>the</strong> substance <strong>of</strong> <strong>the</strong> averments denied. When a pleader intends in good<br />

faith to deny only a part or a qualification <strong>of</strong> an averment, he shall specify so much <strong>of</strong> it<br />

as is true and material and shall deny only <strong>the</strong> remainder. Unless <strong>the</strong> pleader intends in<br />

good faith to controvert all <strong>the</strong> averments <strong>of</strong> <strong>the</strong> preceding pleading, he may make his<br />

denials as specific denials <strong>of</strong> designated averments or paragraphs, or he may generally<br />

deny all <strong>the</strong> averments except such designated averments or paragraphs as he expressly<br />

admits; but, when he does so intend to controvert all its averments, including averments<br />

<strong>of</strong> <strong>the</strong> grounds upon which <strong>the</strong> court's jurisdiction depends, he may do so by general<br />

denial subject to <strong>the</strong> obligations set forth in Rule 11.<br />

(c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth<br />

affirmatively accord and satisfaction, arbitration and award, assumption <strong>of</strong> risk,<br />

contributory negligence, discharge in bankruptcy, duress, estoppel, failure <strong>of</strong><br />

consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release,<br />

res judicata, statute <strong>of</strong> frauds, statute <strong>of</strong> limitations, waiver, and any o<strong>the</strong>r matter

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