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

determine them and render judgment against the plaintiff or may decline to render any
judgment until the close of all the evidence. If the court renders judgment on the merits
against the plaintiff, the court shall make findings as provided in Rule 52(a). Unless the
court in its order for dismissal otherwise specified, a dismissal under this subdivision and
any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction,
for improper venue, or for failure to join a party under Rule 19, operates as judgment
upon the merits.
(c) Dismissal of Counterclaim Cross-Claim or Third Party Claim.
The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or
third-party claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1)
of subdivision (a) of this rule shall be made before a responsive pleading is served or, if
there is none, before the introduction of evidence at the trial or hearing.
(d) Costs of Previously-Dismissed Action. If a plaintiff who has once dismissed an
action in state court commences an action based upon or including the same claim against
the same defendant, the court may make such order for the payment of costs of the action
previously dismissed as it may deem proper and may stay the proceedings in the action
until the plaintiff has complied with the order.
Rule 42. Consolidation; Separate Trials.
(a) Consolidation. When actions involving a common question of law or fact are
pending before the court, it may order a joint hearing or trial of any or all the matters in
issue in the actions; it may order all the actions consolidated; and it may make such
orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
(b) Separate Trials. The court, in furtherance of convenience or to avoid prejudice,
or when separate trials will be conducive to expedition and economy, may order a
separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any
separate issue or of any number of claims, cross-claims, counterclaims, third-party
claims, or issues.
Rule 43. Taking of Testimony.
(a) Form. In all trials the testimony of witnesses shall be taken orally in open court,
unless otherwise provided by these rules or by the Rules of Evidence.
(b) Vacant. (Abrogated)
(c) Vacant. (Recorded of Excluded Evidence - Abrogated)
(d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required a
solemn affirmation may be accepted in lieu thereof.
(e) Evidence on Motions. When a motion is based on facts not appearing of record
the court may hear the matter on affidavits presented by the respective parties, but the