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

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appointed by <strong>the</strong> court and <strong>the</strong> act when so done has like effect as if done by <strong>the</strong> party.<br />

On application <strong>of</strong> <strong>the</strong> party entitled to performance, <strong>the</strong> clerk shall issue a writ <strong>of</strong><br />

attachment or sequestration against <strong>the</strong> judgment. The court may also in proper cases<br />

adjudge <strong>the</strong> party in contempt. If real or personal property is within <strong>the</strong> State <strong>of</strong> <strong>Yap</strong>, <strong>the</strong><br />

court in lieu <strong>of</strong> directing a conveyance <strong>the</strong>re<strong>of</strong> may enter a judgment divesting <strong>the</strong> title <strong>of</strong><br />

any party and vesting it in o<strong>the</strong>rs and such judgment has <strong>the</strong> effect <strong>of</strong> a conveyance<br />

executed in due form <strong>of</strong> law. When any order or judgment is for <strong>the</strong> delivery <strong>of</strong><br />

possession, <strong>the</strong> party in whose favor it is entered is entitled to a writ <strong>of</strong> execution or<br />

assistance upon application to <strong>the</strong> clerk.<br />

Rule 71. Process in Behalf <strong>of</strong> and Against Persons Not Parties. When an order is<br />

made in favor <strong>of</strong> a person who is not a party to <strong>the</strong> action, he may enforce obedience to<br />

<strong>the</strong> order by <strong>the</strong> same process as if he were a party; and, when obedience to an order may<br />

be lawfully enforced against a person who is not a party, he is liable to <strong>the</strong> same process<br />

for enforcing obedience to <strong>the</strong> order as if he were a party.<br />

Rule 71A. Vacant. (Condemnation <strong>of</strong> Property)<br />

Rules 72.-76. Vacant.<br />

IX. APPEALS<br />

Comment: Federal Rules 72-76 were abrogated when <strong>the</strong> U.S. Federal Rules <strong>of</strong><br />

Appellate Procedure were promulgated.<br />

X. COURTS AND CLERKS<br />

Rule 77. Courts and Clerks.<br />

(a) Courts Always Open. The courts shall be deemed always open for <strong>the</strong> purpose <strong>of</strong><br />

filing any pleading or o<strong>the</strong>r proper paper, <strong>of</strong> issuing and returning mesne and final<br />

process, and <strong>of</strong> making and directing all interlocutory motions, orders, and rules.<br />

(b) <strong>Trial</strong> and Hearings; Orders in Chambers. All trials upon <strong>the</strong> merits shall be<br />

conducted in open court and so far as convenient in a regular courtroom. All o<strong>the</strong>r acts or<br />

proceedings may be done or conducted by a justice in chambers, without <strong>the</strong> attendance<br />

<strong>of</strong> <strong>the</strong> clerk or o<strong>the</strong>r court <strong>of</strong>ficials and at any place within <strong>the</strong> State <strong>of</strong> <strong>Yap</strong>.<br />

(c) Clerk's Office and Orders by Clerk. The clerk's <strong>of</strong>fice with <strong>the</strong> Clerk or an assistant<br />

in attendance shall be open during business hours on all days except Saturdays, Sundays,<br />

and legal holidays. All motions and applications in <strong>the</strong> clerk's <strong>of</strong>fice for issuing mesne<br />

process, for issuing final process to enforce and execute judgments and for o<strong>the</strong>r<br />

proceedings which do not require allowance or order <strong>of</strong> <strong>the</strong> court are grantable <strong>of</strong> course<br />

by <strong>the</strong> clerk; but his action may be suspended or altered or rescinded by <strong>the</strong> court upon<br />

cause shown.

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