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

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(C) Sanctions. Failure of attorney or trial counselor for a party to file the required memorandum of points and authorities may, in the discretion of the court, subject the defaulting counsel to the imposition of sanctions, including refusal by the court to hear counsel at the hearing, postponement of the hearing until the memorandum is prepared and filed, waiver by the moving party of the motion, or consent to the granting of the motion if counsel for the opposing party fails to file the memorandum of points and authorities. (2) Unless otherwise ordered by the court, parties must file an original and one copy of all documents filed with the court pursuant to these rules. The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules. (c) Demurrers, Pleas, Etc., Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used. Comment: Rule 7 has been amended to reflect the elimination of the motion day. It has also been modified so that the Court need not hold a hearing on a motion unless a party requests one, so long as the Court does not issue an order pursuant to Rule 78. Rule 8. General Rules of Pleadings. (a) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded. (b) Defenses; Form of Denials. A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, including averments of the grounds upon which the court's jurisdiction depends, he may do so by general denial subject to the obligations set forth in Rule 11. (c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter
constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation. (d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. (e) Pleading to be Concise and Direct; Consistency. (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings or motions are required. (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or equitable grounds. All statements shall be made subject to the obligations set forth in Rule 11. (f) Construction of Pleadings. All pleadings shall be so construed as to do substantial justice. Comment: Rule 8 has been amended so that a statement of jurisdiction is not required, as the Yap State Court is a court of general jurisdiction. Rule 9. Pleading Special Matters. (a) Capacity. It is not necessary to aver the capacity of a party to sue, or be sued or the authority, of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. (b) Fraud, Mistake, Condition of the Mind. In all aver meets of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. (c) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.
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 and 10: Rules 72-76. Vacant X. Courts and C
Page 11 and 12: (2) Upon a person younger than 14 y
Page 13 and 14: Comment: Rule 4 follows U.S. Federa
Page 15: The party opposing the motion shall
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
Page 61 and 62: court at any time of its own initia
Page 63 and 64: available under the circumstances a
Page 65 and 66: Rule 67. Deposit in Court. In an ac
Page 67 and 68:
(d) Notice of Orders or Judgment. I
Page 69:
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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