FOR THE
TRIAL DIVISION OF THE SUPREME COURT
OF THE FEDERATED STATES OF MICRONESIA
TABLE OF
CONTENTS
I. SCOPE OF RULES ) ONE FORM OF ACTION
II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS PLEADINGS, MOTIONS AND ORDERS
Rule 4(a) Summons - Issuance
Rule 4(b) Same; Form
Rule 4(c) By Whom Served
Rule 4(d) Summons and Complaint: Personal Service and Service by Mail
Rule 4(e) Same: Service Upon Party not Inhabitant or Found Within State
Rule 4(f) Territorial Limits of Effective Service
Rule 4(g) Return
Rule 4(h) Amendment
Rule 4(i) Alternative Provisions for Service in a Foreign Country
Rule 4(j) Summons: Time Limit for Service
Rule 5(a) Service: When Required
Rule 5(b) Same: How Made
Rule 5(c) Same: Numerous Defendants
Rule 5(d) Filing
Rule 5(e) Filing with the Court Defined
Rule 6(a) Computation
Rule 6(b) Enlargement
Rule 6(c) Vacant
Rule 6(d) For Motions - Affidavits
Rule 6(e) Additional Time After Service by Mail
III. PLEADINGS AND MOTIONS
Rule 7(a) Pleadings
Rule 7(b) Motions and Other Papers
Rule 8(a) Claims for Relief
Rule 8(b) Defenses; Form of Denials
Rule 8(c) Affirmative Defenses
Rule 8(d) Effect of Failure to Deny
Rule 8(e) Pleadings to be Concise and Direct Consistency
Rule 8(f) Construction of Pleadings
Rule 9(a) Capacity
Rule 9(b) Fraud, Mistake, Condition of the Mind
Rule 9(c) Conditions Precedent
Rule 9(d) Official Document or Act
Rule 9(e) Judgment
Rule 9(f) Time and Place
Rule 9(g) Special Damage
Rule 9(h) Admiralty and Maritime Claims
Rule 10(a) Caption: Name of Parties
Rule 10(b) Paragraphs; Separate Statements
Rule 10(c) Adoption by Reference; Exhibits
Rule 12(a) When Presented
Rule 12(b) How Presented
Rule 12(c) Motion for Judgment on the Pleadings
Rule 12(d) Preliminary Hearings
Rule 12(e) Motion for More Definite Statement
Rule 12(f) Motion to Strike
Rule 12(g) Consolidation of Defenses in Motion
Rule 12(h) Waiver or Preservation of Certain Defenses
Rule 13(a) Compulsory Counterclaims
Rule 13(b) Permissive Counterclaims
Rule 13(c) Counterclaim Exceeding Opposing Claim
Rule 13(d) Counterclaim Against the FSM
Rule 13(e) Counterclaim Maturing or Acquired After Pleading
Rule 13(f) Omitted Counterclaim
Rule 13(g) Cross Claim Against Co-Party
Rule 13(h) Joinder of Additional Parties
Rule 13(i) Separate Trials; Separate Judgments
Rule 14(a) When Defendant May Bring in Third Party
Rule 14(b) When Plaintiff May Bring in Third Party
Rule 14(c) Admiralty and Maritime Claims
Rule 15(a) Amendments
Rule 15(b) Amendments to Conform to the Evidence
Rule 15(c) Relation Back of Amendments
Rule 15(d) Supplemental Pleadings
IV.
PARTIES
Rule 17(a) Real Party in Interest
Rule 17(b) Vacant
Rule 17(c) Infants or Incompetent Persons
Rule 18(a) Joinder of Claims
Rule 18(b) Joinder of Remedies; Fraudulent Conveyances
Rule 19(a) Persons to be Joined if Feasible
Rule 19(b) Determination by Court Whenever Joinder not Feasible
Rule 19(c) Pleading Reasons for Nonjoinder
Rule 19(d) Exception of Class Action
Rule 20(a) Permissive Joinder
Rule 20(b) Separate Trials
Rule 23(a) Prerequisites to a Class Action
Rule 23(b) Class Actions Maintainable
Rule 23(c) Determination by Order Whether Class Action to be Maintained; Notice; Judgment; Actions Conducted Partially as Class Actions
Rule 23(d) Orders in Conduct of Actions
Rule 23(e) Dismissal or Compromise
Rule 24(a) Intervention of Right
Rule 24(b) Permissive Intervention
Rule 24(c) Procedure
Rule 25(a) Death
Rule 25(b) Incompetency
Rule 25(c) Transfer of Interest
Rule 25(d) Public Officers; Death or Separation From Office
V. DEPOSITIONS AND DISCOVERY
Rule 26(a) Discovery Methods
Rule 26(b) Scope of Discovery
Rule 26(c) Protective Orders
Rule 26(d) Sequence and Timing of Discovery
Rule 26(e) Supplementation of Responses
Rule 26(f) Vacant
Rule 26(g) Signing of Discovery Requests, Responses, and Objections
Rule 27(a) Before Action
Rule 27(b) Pending Appeal
Rule 27(c) Perpetuation by Action
Rule 28(a) Within the Federated States of Micronesia
Rule 28(b) In Foreign Countries
Rule 28(c) Disqualification for Interest
Rule 30(a) When Depositions May Be Taken
Rule 30(b) Notice of Examination; General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization
Rule 30(c) Examination and Cross Examination Record of Examination; Oath; Objections
Rule 30(d) Motion to Terminate or Limit Examination
Rule 30(e) Submission to Witness; Changes; Signing
Rule 30(f) Certification and filing by officer; Exhibits; Copies; Notice of Filing
Rule 30(g) Failure to Attend or to Serve Subpoena; Expenses
Rule 31(a) Serving Questions; Notice
Rule 31(b) Officer to Take Responses and Prepare Record
Rule 31(c) Notice of Filing
Rule 32(a) Use of Depositions
Rule 32(b) Objections to Admissibility
Rule 32(c) Vacant
Rule 32(d) Effect of Errors and Irregularities in Depositions
Rule 33(a) Availability; Procedures for Use
Rule 33(b) Scope; Use at Trial
Rule 33(c) Option to Produce Business Records
Rule 34(a) Scope
Rule 34(b) Procedure
Rule 34(c) Persons not Parties
Rule 35(a) Order for Examination
Rule 35(b) Report for Examining Physician or Medical Officer
Rule 36(a) Request for Admission
Rule 36(b) Effect of Admission
Rule 37(a) Motion for Order Compelling Discovery
Rule 37(b) Failure to Comply with Order
Rule 37(c) Expenses on Failure to Admit
Rule 37(d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection
Rule 37(e) Vacant
Rule 37(f) Expenses Against the Federated States of Micronesia
Rule 37(g) Failure to Participate in the Framing of a Discovery Plan
Rule 41(a) Voluntary Dismissal: Effect thereof
Rule 41(b) Involuntary Dismissal
Rule 41(c) Dismissal of Counterclaim, Cross-claim, or Third Party Claim
Rule 41(d) Costs of Previously-Dismissed Action
Rule 42(a) Consolidation
Rule 42(b) Separate Trials
Rule 43(a) Form
Rule 43(b) Vacant
Rule 43(c) Vacant
Rule 43(d) Affirmation in Lieu of Oath
Rule 43(e) Evidence on Motions
Rule 43(f) Interpreters
Rule 44(a) Authentication
Rule 44(b) Lack of Record
Rule 44(c) Other Proof
Rule 45(a) For Attendance of Witnesses; Form Issuance
Rule 45(b) For Production of Documentary Evidence
Rule 45(c) Service
Rule 45(d) Subpoena for Taking Depositions; Place of Examination
Rule 45(e) Subpoena for a Hearing or Trial
Rule 52(a) Effect
Rule 52(b) Amendment
VII. JUDGMENTS
Rule 54(a) Definition; Form
Rule 54(b) Judgment Upon Multiple Claims or Involving Multiple Parties
Rule 54(c) Demand for Judgment
Rule 54(d) Costs
Rule 55(a) Entry
Rule 55(b) Judgment
Rule 55(c) Setting Aside Default
Rule 55(d) Plaintiffs, Counterclaimants, Cross-Claimants
Rule 55(e) Judgment Against the Federated States of Micronesia
Rule 56(a) For Claimant
Rule 56(b) For Defending Party
Rule 56(c) Motion and Proceedings Thereon
Rule 56(d) Case Not Fully Adjudicated on Motion
Rule 56(e) Form of Affidavits; Further Testimony; Defense Required
Rule 56(f) When Affidavits are Unavailable
Rule 56(g) Affidavits Made in Bad Faith
Rule 59(a) Grounds
Rule 59(b) Time for Motion
Rule 59(c) Time for Serving Affidavits
Rule 59(d) On Initiative of Court
Rule 59(e) Motion to Alter or Amend a Judgment
Rule 60(a) Clerical Mistakes
Rule 60(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc.
Rule 62(a) Automatic Stay; Exception - Injunctions; Receiverships, and Patent Accountings
Rule 62(b) Stay on Motion for New Trial or for Judgment
Rule 62(c) Injunction Pending Appeal
Rule 62(d) Stay Upon Appeal
Rule 62(e) Stay in Favor of the Federated States of Micronesia or an Agency thereof
Rule 62(f) Stay According to State Law
Rule 62(g) Power of Appellate Court not Limited
Rule 65(a) Preliminary Injunction
Rule 65(b) Temporary Restraining Order; Notice; Hearing; Duration
Rule 65(c) Security
Rule 65(d) Form and Scope of Injunction or Restraining Order
Rule 65(e) Vacant
X. COURTS AND CLERKS
Rule 77(a) Courts Always Open
Rule 77(b) Trial and Hearings; Orders in Chambers
Rule 77(c) Clerk's Office and Orders by Clerk
Rule 77(d) Notice of Orders or Judgments
Rule 79 Books and Records Kept by the Clerk and Entries Therein
Rule 79(a) Civil Docket
Rule 79(b) Civil Judgment and Orders
Rule 79(c) Indices; Calendars
Rule 79(d) Other Books and Records of the Clerk