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

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the filing of the affidavits caused him to incur, including reasonable attorney or trial counselor fees, and any offending party, counsel may be adjudged guilty of contempt. Rule 57. Vacant. (Declaratory Judgment) Rule 58. Entry of Judgment. Subject to the provisions of Rule 54(b): (1) upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, the court shall promptly prepare, sign, and enter the judgment; (2) upon a decision by the court granting other relief, the court shall promptly approve the form of the judgment, and the clerk shall thereupon enter it. A judgment is effective only when entered as provided in Rule 79(a). Entry of the judgment shall not be delayed for the taxing of costs. Attorneys or trial counselors shall submit forms of judgment upon direction of the court. Comment: Rule 58 has been modified to comport with the amended Rule 55. The clerk is no longer required to enter default judgment for sums certain. Rule 59. New Trials; Amendment of Judgments. (a) Grounds. Anew trial may be granted to all or any of the parties and on all or part of the issues for manifest error of law or fact, or for newly discovered evidence. On a motion for a new trial the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. (b) Time for Motion. A motion for a new trial shall be served not later than IO days after the entry of the judgment. (c) Time for Servicing Affidavits. When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. (d) On Initiative of Court. Not later than 10 days after entry of judgment the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor. (e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment. Rule 60. Relief from Judgment or Order. (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the
court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the Appellate Division, and thereafter while the appeal is pending may be so corrected with the permission of the Appellate Division. (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside.a judgment for fraud upon the court. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action. Rule 61. Harmless Error. No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for, vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. Rule 62. Stay of Proceedings to Enforce a Judgment. (a) Automatic Stay; Exception - Injunctions and Receiverships. Except as stated in this rule, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action, shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal. (b) Stay on Motion for New Trial or For Judgment. In its discretion.and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings, to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a
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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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Rule 30(d) Motion to Terminate or L
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Rule 53. Masters Rule 53(a) Appoint
Page 9 and 10: Rules 72-76. Vacant X. Courts and C
Page 11 and 12: (2) Upon a person younger than 14 y
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Page 15 and 16: The party opposing the motion shall
Page 17 and 18: constituting an avoidance or affirm
Page 19 and 20: ground to support it; and that it i
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
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Page 55 and 56: as provided in Rule 41(b). Attorney
Page 57 and 58: VII. JUDGMENT Rule 54. Judgments; C
Page 59: supporting affidavits for a summary
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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