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

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given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities. (b) Separate Trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice. Rule 21. Misjoinder and Non-Joinder of Parties. isjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. Rule 22. Interpleader. (a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 20. (b) Vacant. (Interpleader) Rule 23. Class Actions. (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class. (b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfies, and in addition: (1) the prosecution of separate actions by or against individual members of the class would create a risk of (A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action. (c) Determination by Order Whether Class Actions to be Maintained; Notice; Judgment; Actions Conducted Partially as Class Actions. (1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subdivision may be conditional, and may be altered or amended before the decision on the merits. (2) In any class action maintained under subdivision (b)(3), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that (A) the court will exclude him from the class if he so requests by a specified date; (B) the judgment, whether favorable or not, will include all members who do not request exclusion; and (C) any member who does not request exclusion may, if he desires, enter an appearance through his attorney or trial counselor. (3) The judgment in an action maintained as a class action under subdivision (b)(1) or (b)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision (b)(3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.
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 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: Comment: Rule 18 (a) and (b) have b
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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