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

If a party, his counsel fails to participate in good faith in the framing of a discovery
plan by agreement as is required by Rule 26(f), the court may, after opportunity for
hearing, require such party, his counsel to pay to any other party the reasonable expenses,
including counsel fees, caused by the failure.
Rule 38. Vacant. (Jury Trial of Right)
Comment: Federal Rule 38 concerns trial by jury.
Rule 39. Vacant. (Trial by Jury or by the Court)
Comment: Federal Rule 39 involves trial by jury and is not appropriate.
Rule 40. Assignment of Cases for Trial.
The Trial Division may provide by rule for the placing of actions upon the trial
calendar (a) without request of the parties or (b) upon request of a party and notice to the
other parties or (c) in such other manner as the court deems expedient. Precedence shall
be given to action entitled thereto by any statute of the State of Yap.
Comment: Rule 40 has been changed to make its requirements discretionary with
the court. The misspelling of calendar as “calender” has also been corrected.
Rule 41. Dismissal of Actions.
(a) Voluntary Dismissal: Effect Thereof.
(1) By Plaintiff; By Stipulation. Subject to Rule 23(e), Rule 66 and any statute of
the State of Yap, an action may be dismissed by the plaintiff without order of court (A)
by filing a notice of dismissal at any time before service by the adverse party of an
answer or of a motion for summary judgment, whichever first occurs, or (B) by filing a
stipulation of dismissal signed by all parties who have appeared in the action. Unless
otherwise stated in the notice of dismissal or stipulation, the dismissal operates as an
adjudication upon the merits when filed by a plaintiff who has once dismissed in a court
of the State of Yap or of any state an action based on or including the same claim.
(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of
this rule, an action shall not be dismissed at the plaintiff's instance save upon order of the
court and upon such terms and conditions as the court deems proper. If a counterclaim
has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to
dismiss, the action shall not be dismissed against the defendant's objection unless the
counterclaim can remain pending for independent adjudication by the court. Unless
otherwise specified in the order, a dismissal under this paragraph is without prejudice.
(b) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff to prosecute or
to comply with these rules or any order of court, a defendant may move for dismissal of
an action or any claim against him. After the plaintiff has completed the presentation of
his evidence, the defendant, without waiving his right to offer evidence in the event the
motion is not granted, may move for a dismissal on the ground that upon the facts and the
law the plaintiff has shown no right to relief. The court as trier of the facts may then