Kosrae State Rules of Civil Procedure

RULES OF CIVIL PROCEDURE

FOR THE TRIAL DIVISION OF THE

KOSRAE SUPREME COURT

I. SCOPE OF RULES - ONE FORM OF ACTION:

Rule 1. Scope of Rules

Rule 2. One Form of Action

II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS:

Rule 3. Commencement of Action

Rule 4. Process

Rule 5. Service & Filing of Pleadings and other Papers

Rule 6. Time

III. PLEADINGS AND MOTIONS:

Rule 7. Pleadings Allowed; Form of Motions

Rule 8. General Rules of Pleading

Rule 9. Pleading Special Matters

Rule 10. Form of Pleadings

Rule 11. Signing & Pleadings

Rule 12. Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on Pleadings

Rule 13. Counterclaim and Cross Claim

Rule 14. Third-Party Practice

Rule 15. Amended and Supplemental Pleadings

Rule 16. Pre-Trial Procedure; Formulating Issues

IV. PARTIES:

Rule 17. Parties Plaintiff and Defendant; Capacity

Rule 18. Joinder of Claims and Remedies

Rule 19. Joinder of Persons Needed for Just Adjudication

Rule 20. Permissive Joinder or Parties

Rule 21. Misjoinder and Non-Joinder of Parties

Rule 22. Interpleader

Rule 23. Class Actions

Rule 23.1 Derivative Actions by Share Holders

Rule 23.2 Actions Relating to Unincorporated Associations

Rule 24. Intervention

Rule 25. Substitution of Parties

V. DEPOSITIONS AND DISCOVERY:

Rule 26. General Provisions Governing Discovery

Rule 27. Depositions Before Action or Pending Actions

Rule 28. Persons Before Whom Depositions May Be Taken

Rule 29. Stipulations Regarding Discovery Procedure

Rule 30. Deposition Upon Oral Examination

Rule 31. Deposition Upon Written Questions

Rule 32. Use of Depositions in Court Proceedings

Rule 33. Interrogatories to Parties

Rule 34. Productions of Documents and Things and Entry Upon Land for Inspection and Other Purpose

Rule 35. Physical and Mental Examination of Persons

Rule 36. Requests for Admission

Rule 37. Failure To Make Discovery Sanctions

Rule 38. Vacant (Federal Rule 38 Concerns Trial by Jury)

Rule 39. Vacant (Rule 39 Involves by Jury and is not Appropriate)

Rule 40. Vacant (Concerns Assignments of Casesfor Trial)

Rule 41. Dismissal of Actions

Rule 42. Consolidation; Separate Trials

Rule 43. Taking of Testimony

Rule 44. Proof of Official Record

Rule 44.1 Determination of Foreign Law

Rule 45. Subpoena

Rule 46. Exceptions Unnecessary

Rule 47. Vacant

Rule 48. Vacant

Rule 49. Vacant

Rule 50. Vacant

Rule 51. Vacant

Rule 52. Finding by the Court

Rule 53. Masters

VI. JUDGMENT:

Rule 54. Judgments; Costs

Rule 55. Default

Rule 56. Summary Judgment

Rule 57. Declaratory Judgments

Rule 58. Entry of Judgment

Rule 59. New Trials; amendment of Judgments

Rule 60. Relief From Judgment or Order

Rule 61. Harmless Error

Rule 62. Stay of Proceedings to Enforce a Judgment

Rule 63. Disability of a Judge

Rule 64. Seizure of Person or Property

Rule 65. Injunctions

Rule 65.1 Security; Proceedings Against Sureties

Rule 66. Receivers Appointed by Federal Courts

Rule 67. Deposit in Court

Rule 68. Offer of Judgment

Rule 69. Execution

Rule 70. Judgment for Specific Acts; Vesting Title

Rule 71. Process in Behalf of and Against Persons Not Parties

VII. APPEALS:

Rule 72. Vacant

Rule 73. Vacant

Rule 74. Vacant

Rule 75. Vacant

Rule 76. Vacant

VIII. COURTS AND CLERKS:

Rule 77. Courts and Clerks

Rule 78. Motion Day

Rule 79. Books and Records Kept by the Clerk and Entries Therein

Rule 80. Stenographically or Electronically Recorded Testimony

Rule 81. Applicability in General

Rule 82. Jurisdiction Unaffected

Rule 83. Vacant

Rule 84. Vacant

Rule 85. Title

Rule 86. Effective Date

Rule 87. Small Claims Procedure

Rule 88. Transfer of Case Upon Disqualification or Unavailability of Judge