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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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Rule 67. Deposit in Court. In an action in which any part <strong>of</strong> <strong>the</strong> relief sought is a<br />

judgment for a sum <strong>of</strong> money or <strong>the</strong> disposition <strong>of</strong> a sum <strong>of</strong> money or <strong>the</strong> disposition <strong>of</strong><br />

any o<strong>the</strong>r thing capable <strong>of</strong> delivery, a party, upon notice to every o<strong>the</strong>r party, and by<br />

leave <strong>of</strong> court, may deposit with <strong>the</strong> court all or any part <strong>of</strong> such sum or thing.<br />

Money paid into court under this rule shall be promptly deposited by <strong>the</strong> clerk in a<br />

bank licensed to do business in <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> in <strong>the</strong> name and to <strong>the</strong> credit <strong>of</strong> <strong>the</strong> court.<br />

No money deposited shall be withdrawn except by order <strong>of</strong> <strong>the</strong> court.<br />

Comment: The sources <strong>of</strong> this rule are U.S. Federal rule 67 and Title 28, Sections<br />

2041 and 2042 <strong>of</strong> <strong>the</strong> United States Code.<br />

Rule 68. Offer <strong>of</strong> Judgment. At any time more than 10 days before <strong>the</strong> trial begins, a<br />

party defending against a claim may serve upon <strong>the</strong> adverse party an <strong>of</strong>fer to allow<br />

judgment to be taken against him for <strong>the</strong> money or property or to <strong>the</strong> effect specified in<br />

his <strong>of</strong>fer, with costs <strong>the</strong>n accrued. If within 10 days after <strong>the</strong> service <strong>of</strong> <strong>the</strong> <strong>of</strong>fer <strong>the</strong><br />

adverse party serves written notice that <strong>the</strong> <strong>of</strong>fer is accepted, ei<strong>the</strong>r party may <strong>the</strong>n file<br />

<strong>the</strong> <strong>of</strong>fer and notice <strong>of</strong> acceptance toge<strong>the</strong>r with pro<strong>of</strong> <strong>of</strong> service <strong>the</strong>re<strong>of</strong> and <strong>the</strong>reupon<br />

<strong>the</strong> clerk shall enter judgment. An <strong>of</strong>fer not accepted shall be deemed withdrawn and<br />

evidence <strong>the</strong>re<strong>of</strong> is not admissible except in a proceeding to determine cost. If <strong>the</strong><br />

judgment finally obtained by <strong>the</strong> <strong>of</strong>feree is not more favorable than <strong>the</strong> <strong>of</strong>fer, <strong>the</strong> <strong>of</strong>feree<br />

must pay <strong>the</strong> costs incurred after <strong>the</strong> making <strong>of</strong> <strong>the</strong> <strong>of</strong>fer. The fact that an <strong>of</strong>fer is made<br />

but not accepted does not preclude a subsequent <strong>of</strong>fer. When <strong>the</strong> liability <strong>of</strong> one party to<br />

ano<strong>the</strong>r has been determined by finding or order or judgment, but <strong>the</strong> amount or extent <strong>of</strong><br />

<strong>the</strong> liability remains to be determined by fur<strong>the</strong>r proceedings, <strong>the</strong> party adjudged liable<br />

may make an <strong>of</strong>fer <strong>of</strong> judgment, which shall have <strong>the</strong> same effect as an <strong>of</strong>fer made before<br />

trial if it is served within a reasonable time not less than 10 days prior to <strong>the</strong><br />

commencement <strong>of</strong> hearings to determine <strong>the</strong> amount or extent <strong>of</strong> liability.<br />

Rule 69. Execution.<br />

(a) In General. Process to enforce a judgment for <strong>the</strong>. payment <strong>of</strong> money shall be a<br />

writ <strong>of</strong> execution, unless <strong>the</strong> court directs o<strong>the</strong>rwise. The procedure on execution, in<br />

proceedings supplementary to and in aid <strong>of</strong> a judgment, and in proceedings on and in aid<br />

<strong>of</strong> execution shall be in accordance with <strong>the</strong>se rules except that any law <strong>of</strong> <strong>the</strong> State <strong>of</strong><br />

<strong>Yap</strong> governs to <strong>the</strong> extent it is applicable. In aid <strong>of</strong> <strong>the</strong> judgment or execution, <strong>the</strong><br />

judgment creditor or his successor in interest when that interest appears <strong>of</strong> record, may<br />

obtain discovery from any person, including <strong>the</strong> judgment debtor, in <strong>the</strong> manner provided<br />

in <strong>the</strong>se rules.<br />

(b) Vacant. (Against Certain Public Officers)<br />

Rule 70. Judgment for Specific Acts; Vesting Title. If a judgment directs a party to<br />

execute a conveyance <strong>of</strong> land or to deliver deeds or o<strong>the</strong>r documents or to perform any<br />

o<strong>the</strong>r specific act and <strong>the</strong> party fails to comply within <strong>the</strong> time specified, <strong>the</strong> court may<br />

direct <strong>the</strong> act to be done at <strong>the</strong> cost <strong>of</strong> <strong>the</strong> disobedient party by some o<strong>the</strong>r person

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