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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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The person to whom <strong>the</strong> subpoena is directed may, within 10 days after <strong>the</strong> service<br />

<strong>the</strong>re<strong>of</strong> or on or before <strong>the</strong> time specified in <strong>the</strong> subpoena for compliance if such time is<br />

less than 20 days after service, serve upon <strong>the</strong> attorney or trial counselor designated in <strong>the</strong><br />

subpoena written objection to inspection or copying <strong>of</strong> any or all <strong>of</strong> <strong>the</strong> designated<br />

materials. If objection is made, <strong>the</strong> party serving <strong>the</strong> subpoena shall not be entitled to<br />

inspect and copy <strong>the</strong> materials except pursuant to an order <strong>of</strong> <strong>the</strong> court from which <strong>the</strong><br />

subpoena was issued. The party serving <strong>the</strong> subpoena may, if objection has been made,<br />

move upon notice to <strong>the</strong> deponent for an order at any time before or during <strong>the</strong> taking <strong>of</strong><br />

<strong>the</strong> deposition.<br />

(2) The court, upon motion made promptly, may quash or modify <strong>the</strong> subpoena if<br />

it is unreasonable or oppressive to <strong>the</strong> person it is directed to in regard to <strong>the</strong> place where<br />

<strong>the</strong> deposition is proposed to be taken.<br />

(e) Subpoena for a Hearing or <strong>Trial</strong>. A subpoena requiring <strong>the</strong> attendance <strong>of</strong> a<br />

witness at a hearing or trial may be served at any place within <strong>the</strong> State <strong>of</strong> <strong>Yap</strong>. The<br />

court, upon motion made promptly, may quash or modify <strong>the</strong> subpoena if it is<br />

unreasonable or oppressive to <strong>the</strong> person it is directed to in regard to <strong>the</strong> travel involved<br />

to <strong>the</strong> place <strong>of</strong> <strong>the</strong> hearing or trial.<br />

(f) Contempt. Failure by any person without adequate excuse to, obey a subpoena<br />

served upon him may be deemed a contempt <strong>of</strong> <strong>the</strong> court.<br />

Rule 46. Objecting to a Ruling or Order. A formal exception to a ruling or order is<br />

unnecessary. When <strong>the</strong> ruling or order is requested or made, a party need only state <strong>the</strong><br />

action that it wants <strong>the</strong> court to take or objects to, along with <strong>the</strong> grounds for <strong>the</strong> request<br />

or objection. Failing to object does not prejudice a party who had no opportunity to do so<br />

when <strong>the</strong> ruling or order was made.<br />

Comment: Rule 46 has been changed to ease comprehension and to reflect <strong>the</strong><br />

most recent version <strong>of</strong> <strong>the</strong> U.S. Federal Rules <strong>of</strong> Civil Procedure. No significant<br />

substantive changes are intended.<br />

Rules 47.-51. Vacant. (Dealing with Jury)<br />

Rule 52. Findings by <strong>the</strong> Court.<br />

(a) Effect. In all actions <strong>the</strong> court shall find <strong>the</strong> facts specially and state separately its<br />

conclusions <strong>of</strong> law on it, and judgment shall be entered pursuant to Rule 58; and in<br />

granting or refusing interlocutory injunctions <strong>the</strong> court shall similarly set forth <strong>the</strong><br />

findings <strong>of</strong> fact and conclusions <strong>of</strong> law which make up <strong>the</strong> grounds <strong>of</strong> its action. Requests<br />

for findings are not necessary for purposes <strong>of</strong> review. Findings <strong>of</strong> fact shall not be set<br />

aside unless clearly erroneous, and due regard shall be given to <strong>the</strong> opportunity <strong>of</strong> <strong>the</strong><br />

trial court to judge <strong>the</strong> credibility <strong>of</strong> <strong>the</strong> witnesses. The findings <strong>of</strong> a master, to <strong>the</strong> extent<br />

that <strong>the</strong> court adopts <strong>the</strong>m shall be considered as <strong>the</strong> findings <strong>of</strong> <strong>the</strong> court. If an opinion or<br />

memorandum <strong>of</strong> decision is filed, it will be sufficient if <strong>the</strong> findings <strong>of</strong> fact and<br />

conclusions <strong>of</strong> law appear <strong>the</strong>rein. Findings <strong>of</strong> fact and conclusions <strong>of</strong> law are<br />

unnecessary on decisions <strong>of</strong> motions under Rules 12 and 56 or any o<strong>the</strong>r motion except

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