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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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(B) <strong>the</strong> amendment changes <strong>the</strong> party or <strong>the</strong> naming <strong>of</strong> <strong>the</strong> party against<br />

whom a claim is asserted, if Rule 15(c)(1)(A) is satisfied and within <strong>the</strong> period<br />

provided by law for commencing <strong>the</strong> action against him <strong>the</strong> party to be brought in<br />

by amendment:<br />

(i) received such notice <strong>of</strong> <strong>the</strong> action that it will not be prejudiced<br />

in defending on <strong>the</strong> merits; and<br />

(ii) knew or should have known that <strong>the</strong> action would have been<br />

brought against it, but for a mistake concerning <strong>the</strong> proper party’s identity.<br />

(2) The delivery or mailing <strong>of</strong> process to <strong>the</strong> Governor <strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> or an<br />

agency or <strong>of</strong>ficer who would have been a proper defendant if named, satisfies <strong>the</strong><br />

requirements <strong>of</strong> Rule 15(c)(1)(B)(1) and (2) with respect to <strong>the</strong> government <strong>of</strong> <strong>the</strong> State<br />

<strong>of</strong> <strong>Yap</strong> or any agency or <strong>of</strong>ficer <strong>the</strong>re<strong>of</strong> to be brought into <strong>the</strong> action as a defendant.<br />

Comment: Rule 15 has been simplified and rearranged in order to be more<br />

accessible and simpler. While <strong>the</strong> form has changed significantly, no substantive changes<br />

are intended.<br />

Rule 16. Pre-<strong>Trial</strong> Procedure; <strong>For</strong>mulating Issues. In any action, it shall be<br />

mandatory for <strong>the</strong> attorneys or trial counselors for <strong>the</strong> parties to appear before it for a<br />

conference, unless <strong>the</strong> justice and both parties agree that <strong>the</strong>re is no need for such<br />

conference. When a conference is held <strong>the</strong> parties may consider:<br />

(1) The simplification <strong>of</strong> <strong>the</strong> issues;<br />

(2) The necessity or desirability <strong>of</strong> amendments to <strong>the</strong> pleadings;<br />

(3) The possibility <strong>of</strong> obtaining admission <strong>of</strong> fact and <strong>of</strong> documents which will<br />

avoid unnecessary pro<strong>of</strong>;<br />

(4) The limitation <strong>of</strong> <strong>the</strong> number <strong>of</strong> expert witnesses;<br />

(5) The possibility <strong>of</strong> resolving <strong>the</strong> dispute through due recognition <strong>of</strong> <strong>the</strong><br />

traditions and customs <strong>of</strong> <strong>the</strong> people <strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong>; and<br />

(6) Such o<strong>the</strong>r matters as may aid in <strong>the</strong> disposition <strong>of</strong> <strong>the</strong> action.<br />

The court shall make an order which recites <strong>the</strong> action taken at <strong>the</strong> conference, <strong>the</strong><br />

amendments allowed to <strong>the</strong> pleadings, and <strong>the</strong> agreements made by <strong>the</strong> parties as to any<br />

<strong>of</strong> <strong>the</strong> matters considered, and which limits <strong>the</strong> issues for trial to those not disposed <strong>of</strong> by<br />

admissions or agreements <strong>of</strong> counsel; and such order when entered controls <strong>the</strong><br />

subsequent course <strong>of</strong> <strong>the</strong> action, unless modified at <strong>the</strong> trial to prevent manifest injustice.<br />

Comment: This follows <strong>the</strong> Federal rule except:

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