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

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(b) Incompetency. If a party becomes incompetent, <strong>the</strong> court upon motion served as<br />

provided in subdivision (a) <strong>of</strong> this rule may allow <strong>the</strong> action to be continued by or against<br />

his representative.<br />

(c) Transfer <strong>of</strong> Interest. In case <strong>of</strong> any transfer <strong>of</strong> interest, <strong>the</strong> action may be<br />

continued by or against <strong>the</strong> original party, unless <strong>the</strong> court upon motion directs <strong>the</strong> person<br />

to whom <strong>the</strong> interest is transferred to be substituted in <strong>the</strong> action or joined with <strong>the</strong><br />

original party. Service <strong>of</strong> <strong>the</strong> motion shall be made as provided in subdivision (a) <strong>of</strong> this<br />

rule.<br />

(d) Public Officers; Death or Separation from Office.<br />

(1) When a public <strong>of</strong>ficer is a party to an action in his <strong>of</strong>ficial capacity and during<br />

its pendency dies, resigns, or o<strong>the</strong>rwise ceases to hold <strong>of</strong>fice, <strong>the</strong> action does not abate<br />

and his successor is automatically substituted as a party. Proceedings following <strong>the</strong><br />

substitution shall be in <strong>the</strong> name <strong>of</strong> <strong>the</strong> substituted party, but any misnomer not affecting<br />

<strong>the</strong> substantial rights <strong>of</strong> <strong>the</strong> parties shall be disregarded. An order <strong>of</strong> substitution may be<br />

entered at any time, but <strong>the</strong> omission to enter such an order shall not affect <strong>the</strong><br />

substitution.<br />

(2) When a public <strong>of</strong>ficer sues or is sued in his <strong>of</strong>ficial capacity, he may be<br />

described as a party by his <strong>of</strong>ficial title ra<strong>the</strong>r than by name; but <strong>the</strong> court may require his<br />

name to be added.<br />

V. DEPOSITIONS AND DISCOVERY<br />

Rule 26. General Provisions Governing Discovery.<br />

(a) Discovery Methods. Parties may obtain discovery by one or more <strong>of</strong> <strong>the</strong><br />

following methods: depositions upon oral examination or written questions; written<br />

interrogatories; production <strong>of</strong> documents or things or permission to enter upon land or<br />

o<strong>the</strong>r property, for inspection and o<strong>the</strong>r purposes; physical and mental examinations; and<br />

requests for admission. Unless <strong>the</strong> court orders o<strong>the</strong>rwise under subdivision (c) <strong>of</strong> this<br />

rule, <strong>the</strong> frequency <strong>of</strong> use <strong>of</strong> <strong>the</strong>se methods is not limited.<br />

(b) Scope <strong>of</strong> Discovery. Unless o<strong>the</strong>rwise limited by order <strong>of</strong> <strong>the</strong> court in accordance<br />

with <strong>the</strong>se rules, <strong>the</strong> scope <strong>of</strong> discovery is as follows:<br />

(1) In General. Parties may obtain discovery regarding any matter, not privileged,<br />

which is relevant to <strong>the</strong> subject matter involved in <strong>the</strong> pending action, whe<strong>the</strong>r it relates<br />

to <strong>the</strong> claim or defense <strong>of</strong> <strong>the</strong> party seeking discovery or to <strong>the</strong> claim, or defense <strong>of</strong> any<br />

o<strong>the</strong>r party, including <strong>the</strong> existence, description, nature, custody, condition and location<br />

<strong>of</strong> any books, documents, or o<strong>the</strong>r tangible things and <strong>the</strong> identity and location <strong>of</strong> <strong>the</strong><br />

persons having knowledge <strong>of</strong> any discoverable matter. It is not ground for objection that<br />

<strong>the</strong> information sought will be inadmissible at <strong>the</strong> trial if <strong>the</strong> information sought appears<br />

reasonably calculated to lead to <strong>the</strong> discovery <strong>of</strong> admissible evidence.

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