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

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(d) Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law. (e) Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. (f) Tide and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. (g) Special Damage. When items of special damage are claimed, they shall be specifically stated. (h) Vacant. (Admiralty and Maritime Claims) Comment: Subdivision (h) dealing with admiralty and maritime claims (in the U.S. Federal Rules and the F.S.M. Rules) is deleted because it will not be subject to State Court jurisdiction. Rule 10. Form of Pleadings. (a) Caption; Names of Parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Rule 7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. (b) Paragraph; Separate Statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. (c) Adoption by Reference; Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes. Rule 11. Signing of Pleadings. Every pleading of a party represented by an attorney or trial counselor shall be signed by at least one counsel of record in his individual name, whose physical address, telephone number, and e-mail address, if any, shall be stated. A party who is not represented by an attorney or trial counselor shall sign his pleading and state his address. The signature of a counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good
ground to support it; and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading had not been served. For wilful violation of this rule a counsel may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. Comment: Rule 11 has been amended to require an attorney or trial counsel to include his or her telephone number and e-mail address, if available, in any pleading. One typo has also been corrected; the phrase “If a pleading is riot signed” has been changed to “If a pleading is not signed.” Rule 12. Defenses and Objections - When and How Presented By Pleading or Motion - Motion or Judgment on the Pleadings. (a) Time to Serve a Responsive Pleading. (1) In General. Unless another time is specified by this rule or a law of the State of Yap, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 30 days after being served with the summons and complaint; (B) A party must serve an answer to a counterclaim or crossclaim within 30 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 20 30 days after being served with an order to reply, unless the order specifies a different time. (2) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows: (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 10 days after notice of the court’s action; or (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 10 days after the more definite statement is served. (b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction;
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 and 16: The party opposing the motion shall
Page 17: constituting an avoidance or affirm
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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