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

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appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the State of Yap, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk. Rule 71. Process in Behalf of and Against Persons Not Parties. When an order is made in favor of a person who is not a party to the action, he may enforce obedience to the order by the same process as if he were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, he is liable to the same process for enforcing obedience to the order as if he were a party. Rule 71A. Vacant. (Condemnation of Property) Rules 72.-76. Vacant. IX. APPEALS Comment: Federal Rules 72-76 were abrogated when the U.S. Federal Rules of Appellate Procedure were promulgated. X. COURTS AND CLERKS Rule 77. Courts and Clerks. (a) Courts Always Open. The courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules. (b) Trial and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a justice in chambers, without the attendance of the clerk or other court officials and at any place within the State of Yap. (c) Clerk's Office and Orders by Clerk. The clerk's office with the Clerk or an assistant in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.
(d) Notice of Orders or Judgment. Immediately upon the entry of an order or judgment the clerk shall serve a notice of the entry by mail in the manner provided for in Rule 5 upon each party who is not in default for failure to appear, and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4(a) of the Rules of Appellate Procedure. Comment: Rule 77 has been modified so that “entering defaults or judgments by default” is not included in the list of proceedings “grantable of course by the clerk.” Rule 78. Submission on Briefs in Lieu of Oral Hearing. By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings. Comment: Rule 78 has been amended so that the court need not establish a motion day. In light of the size, organization, and workload of the Yap State Court, establishing such a motion day is unnecessary. The second paragraph has been modified to ease comprehension as in accordance with the newest U.S. Federal Rules of Civil Procedure. Rule 79. Books and Records Kept by the Clerk and Entries Therein. (a) Civil Docket. (1) In General. The clerk must keep a record known as the “civil docket”. The clerk must enter each civil action in the docket. Actions must be assigned consecutive file numbers, which must be noted in the docket where the first entry of the action is made. (2) Items to be Entered. The following items must be marked with the file number and entered chronologically in the docket: (A) papers filed with the clerk; (B) process issued, and proofs of service or other returns showing execution; and (C) appearances, orders, verdicts, and judgments. (3) Contents of Entries.
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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
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Rules 72-76. Vacant X. Courts and C
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(2) Upon a person younger than 14 y
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Comment: Rule 4 follows U.S. Federa
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
Page 29 and 30: (B) adjudications with respect to i
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 and 56: as provided in Rule 41(b). Attorney
Page 57 and 58: VII. JUDGMENT Rule 54. Judgments; C
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: Rule 67. Deposit in Court. In an ac
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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