Rules Enabling Act of 1985: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, First Session, on H.R. 2633 and H.R. 3550 ... June 6, 1985U.S. Government Printing Office, 1985 - 342 strani |
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98th Congress Administrative Office adopted Advisory Committee Alliance for Justice amend Rule 68 amendments to Rule American Bar Association attorney's fees attorneys bill Burbank Chairman Chesny Chief Justice Civil Procedure COLUMBIA LAW REVIEW Committee Note Committee on Rules Cong Congress congressional constitutional court of appeals COURT RULEMAKING court rules Criminal Procedure delegation district court draft enacted federal courts Federal Rules fee awards fee-shifting statutes Gignoux Honorable Judicial Conference judicial council judicial rule-making Judiciary Kastenmeier legislative litigation parties plaintiffs Practice and Procedure problems Professor promulgated proposed amendments proposed Rule 68 provision reasonable recommendations require revision Rule 83 rulemaking power rulemaking process Rules Enabling Act Rules of Civil Rules of Evidence Rules of Practice Rules of procedure sanctions separation of powers Sess settlement offer sovereign immunity Standing Committee statutory suggest supersession supra note Supreme Court title 28 trial United States Code United States Courts
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Stran 194 - They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.
Stran 166 - United States, as sovereign, is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit.
Stran 295 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Stran 227 - ... to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Stran 290 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Stran 214 - In performing his various duties, however, it is essential that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel.
Stran 215 - ... he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference. That is the historical and the necessary way in which lawyers act within the framework of our system of jurisprudence to promote justice and to protect their clients
Stran 291 - The answer to the question was postponed until the subsequent sitting of the Supreme Court, when Chief Justice Jay and his associates answered to President Washington that in consideration of the lines of separation drawn by the Constitution between the three departments of government...
Stran 227 - Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.
Stran 319 - Each district court by action of a majority of the judges thereof may from time, to time make and amend rules governing its practice not inconsistent with these rules.