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

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(a) Compulsory Counterclaims: A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 13. (b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. (c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. (d) Counterclaim Against the State of Yap. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the State of Yap or an officer or agency of the State of Yap. (e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading. (f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice required, he may by leave of court set up the counterclaim by amendment. (g) Cross-Claim Against Co-Party. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. (h) Joinder of Additional Parties. Person other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Pules 19 and 20. (i) Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 42(b), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54(b) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
Rule 14. Third-Party Practice. (a) When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. The third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 10 days after serving its original answer. The third party defendant, the person served with the summons and third-party complaint, shall make his defenses to the third-party plaintiff's claim as provided in Rule 12 and his counterclaims against the third-party plaintiff and crossclaims against other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against, the third party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert his defenses as provided in Rule 12 and his counterclaims and cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant (b) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so. Comment: This rule follows Federal Rule 14. It differs in one aspect from the Trust Territory rule: leave of the court is not required in this rule as required under the Trust Territory rule. Subdivision (c) and references to admiralty and maritime claims in subdivision (a) are deleted since admiralty and maritime claims will not be within the jurisdiction of the State Court of Yap. Rule 14(a) has been changed to ease comprehension. No substantive changes are intended. Rule 15. Amended and Supplemental Pleadings. (a) Amendments Before Trial. (1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within: (A) 30 days after serving it, or
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 and 18: constituting an avoidance or affirm
Page 19 and 20: ground to support it; and that it i
Page 21: (1) Right to Join. A motion under t
Page 25 and 26: (B) the amendment changes the party
Page 27 and 28: Comment: Rule 18 (a) and (b) have b
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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

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

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