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

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days after the date of the order of reference and shall notify the parties or their counsels. It is the duty of the master to proceed with all reasonable diligence. Either party, on notice to the parties and master, may apply to the court for an order requiring the master to speed the proceedings and to make his report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in his discretion, cancel the proceedings to a future day, giving notice to the absent party of the adjournment. (2) Witnesses. The parties may obtain the attendance of witnesses before the master by the issuance and service of subpoenas as provided in Rule 45. If without good excuse a witness fails to appear or give evidence, he may be punished for contempt and be subjected to the consequences, penalties, and remedies provided in Rule 37 and 45. (3) Statement of Accounts. When matters of accounting are in issue before the master, he may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master may require a different form of statement to be furnished, or the accounts or specific items in it to be proved by oral questioning of the accounting parties or upon written interrogatories or in such other manner as he directs. (e) Report. (1) Contents and Filing. The master shall prepare a report on the matters submitted to him by the order of reference and, if required to make finding of fact and conclusions of law, he shall write them out in the report. He shall file the report with the clerk of court, and shall file with it a transcript of the proceedings and of the evidence and the original exhibits. The clerk shall promptly mail, personally serve, or deliver to all parties notice of the filing. (2) Objections to Report. The court shall accept the master's findings of fact unless clearly erroneous. Within 10 days after being served with notice of the filing of the report, any party may serve written objections to the report upon the other parties. Application to the court for action upon the report and upon objections to the report shall be by motion and upon notice as prescribed in Rule 6(d). The court after hearing may adopt the report or may change it or reject it in whole or in part or may receive further evidence or may recommit it with instructions. (3) Vacant. (Jury Actions) (4) Stipulation as to Findings. The effect of a master's report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a master's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered. (5) Draft Report. Before filing his report a master may submit a draft thereof to counsel for all parties for the purpose of getting suggestions.
VII. JUDGMENT Rule 54. Judgments; Costs. (a) Definition; Form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings. (b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or third party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties. (c) Demand for Judgment. A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings. (d) Costs. Except when express provision therefor is made either in a statute of the State of Yap or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the State of Yap, its officers, and agencies shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on one day's notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court. Rule 55. Default. (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the court shall enter his default. No default shall be entered until the expiration of at least 30 days after service. (b) Judgment. Judgment by default may be entered as follows: (1) For a Sum Certain. When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the court upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if he has been defaulted for failure to appear and if he is not an infant or incompetent person.
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I. Scope of Rules-One Form of Actio
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IV. Parties Rule 14. Third-Party Pr
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Page 7 and 8: Rule 53. Masters Rule 53(a) Appoint
Page 9 and 10: Rules 72-76. Vacant X. Courts and C
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Page 15 and 16: The party opposing the motion shall
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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 and 28: Comment: Rule 18 (a) and (b) have b
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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: as provided in Rule 41(b). Attorney
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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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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