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Rules of Civil Procedure 2015

MARSHALL ISLANDS
RULES OF CIVIL PROCEDURE
(March 16, 2015)

TABLE OF CONTENTS

TITLE I. SCOPE OF RULES—ONE FORM OF ACTION
Rule 1. Scope and Purpose.
Rule 2. One Form of Action.

TITLE II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS.
Rule 3. Commencing an Action.
Rule 4. Summons.

(a) Contents; Amendments.

(b) Issuance.

(d) (Reserved).

(e) Serving an Individual Within the Republic.

(f) Serving an Individual in a Foreign Country.

(g) Serving a Minor or an Incompetent Person.

(h) Service Upon Corporations and Associations.

(i) Serving the Republic, Its Agencies, Corporations, Officers, or Employees.

(j) Service Upon a Local Government.

(k) Territorial Limits of Effective Service.

(l) Proving Service.

(1) Affidavit Required.

(2) Service Outside the Republic.

(3) Validity of Service; Amending Proof.

(m) Time Limit for Service.

(n) Asserting Jurisdiction over Property or Assets.

(o) Language of Summons, Complaint.
Rule 4.1. Serving Other Process.
Rule 5. Serving and Filing Pleadings and Other Papers.

(a) Service: When Required.

(1) In General.

(2) If a Party Fails to Appear.

(3) Seizing Property.

(b) Service: How Made.

(1) Serving an Attorney.

(2) Service in General.

(1) In General.

(2) Notifying Parties.

(d) Filing.

(1) Required Filings; Certificate of Service.

(2) How Filing Is Made—In General.

(3) Documents in Electronic Form.

(4) Acceptance by the Clerk.

(5) Proposed findings, etc.
Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention

(a) Notice by a Party.

(b) (reserved).

(d) No Forfeiture.
Rule 6. Computing and Extending Time; Time for Motion Papers

(a) Computing Time.

(1) Period Stated in Days or a Longer Unit.

(2) Period Stated in Hours.

(3) Inaccessibility of the Clerk's Office.

(4) "Last Day" Defined.

(5) "Next Day" Defined.

(6) "Legal Holiday" Defined.

(b) Extending Time.

(1) In General.

(2) Exceptions.

(d) Additional Time After Certain Kinds of Service.

TITLE III. PLEADINGS AND MOTIONS
Rule 7. Pleadings Allowed; Form of Motions and Other Papers

(a) Pleadings

(b) Motions and Other Papers.

(1) In General.

(2) Opposition.

(3) Reply.

(4) Other Papers Prohibited

(5) Motions Supported by Oral Argument or Witness Testimony

(6) Submission of Motions.

(7) Stipulations and Agreed Motions.

(8) Motions for Continuances.

(9) Form

(10) Failure to Comply with the Rule.
Rule 7.1. Disclosure Statement.

(a) Who Must File; Contents

(b) Time to File; Supplemental Filing
Rule 8. General Rules of Pleading

(a) Claim for Relief.

(b) Defenses; Admissions and Denials.

(1) In General

(2) Denials—Responding to the Substance

(3) General and Specific Denials

(4) Denying Part of an Allegation.

(5) Lacking Knowledge or Information

(6) Effect of Failing to Deny.

(1) In General.

(2) Mistaken Designation

(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency

(1) In General.

(2) Alternative Statements of a Claim or Defense

(3) Inconsistent Claims or Defenses.

(e) Construing Pleadings.
Rule 9. Pleading Special Matters

(a) Capacity or Authority to Sue; Legal Existence.

(1) In General.

(2) Raising Those Issues.

(b) Fraud or Mistake; Conditions of Mind.

(d) Official Document or Act

(e) Judgment.

(f) Time and Place.

(g) Special Damages.
Rule 10. Form of Pleadings

(a) Caption; Names of Parties.

(b) Paragraphs; Separate Statements

(c) Adoption by Reference; Exhibits.
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions.

(a) Signature.

(b) Representations to the Court.

(1) In General

(2) Motion for Sanctions.

(3) On the Court's Initiative

(4) Nature of a Sanction.

(5) Limitations on Monetary Sanctions

(6) Requirements for an Order

(d) Inapplicability to Discovery
Rule 11.1 Vexatious Litigant

(a) Definitions.

(b) Motion for Order Requiring Plaintiff to Post Security.

(d) Finding: Amount of Security.

(e) Dismissal on Failure to Post Security

(f) Motion as Stay of Proceedings

(g) Vexatious Litigant; Pre-filing Order Prohibiting Filing of New Litigation.

(h) Relationship to Other Sanctions.
Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing.

(a) Time to Serve a Responsive Pleading.

(1) In General.

(2) The Republic, a Local Government, and Their Agencies, Officers, or Employees Sued in an Official Capacity.

(3) Officers or Employees of the Republic or a Local Government Sued in an Individual Capacity.

(4) Effect of a Motion.

(b) How to Present Defenses.

(d) Result of Presenting Matters Outside the Pleadings.

(e) Motion for a More Definite Statement.

(f) Motion to Strike.

(g) Joining Motions.

(1) Right to Join.

(2) Limitation on Further Motions.

(h) Waiving and Preserving Certain Defenses

(1) When Some Are Waived.

(2) When to Raise Others.

(3) Lack of Subject-Matter Jurisdiction.

(i) Hearing Before Trial
Rule 13. Counterclaim and Crossclaim.

(a) Compulsory Counterclaim.

(1) In General.

(2) Exceptions.

(b) Permissive Counterclaim.

(d) Counterclaim Against the Republic or a Local Government.

(e) Counterclaim Maturing or Acquired After Pleading.

(f) [Abrogated].

(g) Crossclaim Against a Co-party.

(h) Joining Additional Parties.

(i) Separate Trials; Separate Judgments
Rule 14. Third-Party Practice

(a) When a Defending Party May Bring in a Third Party.

(1) Timing of the Summons and Complaint.

(2) Third-Party Defendant's Claims and Defenses.

(3) Plaintiff's Claims Against a Third-Party Defendant.

(4) Motion to Strike, Sever, or Try Separately

(5) Third-Party Defendant's Claim Against a Non-party.

(6) Third-Party Complaint In Rem.

(b) When a Plaintiff May Bring in a Third Party.
Rule 15. Amended and Supplemental Pleadings.

(a) Amendments Before Trial.

(1) Amending as a Matter of Course.

(2) Other Amendments.

(3) Time to Respond.

(b) Amendments During and After Trial.

(1) Based on an Objection at Trial.

(2) For Issues Tried by Consent.

(1) When an Amendment Relates Back.

(2) Notice to the Republic or a Local Government.

(d) Supplemental Pleadings.
Rule 16. Pretrial Conferences; Scheduling; Management.

(a) Purposes of a Pretrial Conference.

(b) Scheduling.

(1) Scheduling Order.

(3) Contents of the Order.

(4) Modifying a Schedule.

(1) Attendance.

(2) Matters for Consideration.

(d) Pretrial Orders.

(e) Final Pretrial Conference and Orders.

(f) Sanctions.

(1) In General.

(2) Imposing Fees and Costs.
TITLE IV. PARTIES
Rule 17. Plaintiff and Defendant; Capacity; Public Officers

(a) Real Party in Interest.

(1) Designation in General

(2) Action in the Name of the Republic for Another's Use or Benefit

(3) Joinder of the Real Party in Interest

(b) Capacity to Sue or Be Sued.

(1) With a Representative.

(2) Without a Representative.

(d) Public Officer's Title and Name.
Rule 18. Joinder of Claims.

(a) In General

(b) Joinder of Contingent Claims
Rule 19. Required Joinder of Parties

(a) Persons Required to Be Joined if Feasible

(1) Required Party.

(2) Joinder by Court Order.

(b) When Joinder Is Not Feasible.

(d) Exception for Class Actions.
Rule 20. Permissive Joinder of Parties.

(a) Persons Who May Join or Be Joined.

(1) Plaintiffs.

(2) Defendants.

(3) Extent of Relief.

(b) Protective Measures
Rule 21. Misjoinder and Non-joinder of Parties.
Rule 22. Interpleader.

(a) Grounds.

(1) By a Plaintiff.

(2) By a Defendant.

(b) Relation to Rule 20.
Rule 23. Class Actions

(a) Prerequisites.

(b) Types of Class Actions.

(1) Certification Order.

(A) Time to Issue.

(B) Defining the Class; Appointing Class Counsel.

(2) Notice.

(A) For (b)(1) or (b)(2) Classes.

(B) For (b)(3) Classes.

(3) Judgment.

(4) Particular Issues.

(5) Subclasses.

(d) Conducting the Action.

(1) In General.

(2) Combining and Amending Orders.

(e) Settlement, Voluntary Dismissal, or Compromise.

(f) Appeals.

(g) Class Counsel.

(1) Appointing Class Counsel.

(2) Standard for Appointing Class Counsel.

(3) Interim Counsel.

(4) Duty of Class Counsel.

(h) Attorney's Fees and Non-taxable Costs.
Rule 23.1. Derivative Actions.

(a) Prerequisites.

(b) Pleading Requirements.

(c) Settlement, Dismissal, and Compromise.
Rule 23.2. Actions Relating to Unincorporated Associations.
Rule 24. Intervention.

(a) Intervention of Right.

(b) Permissive Intervention.

(1) In General.

(2) By a Government Officer or Agency.

(3) Delay or Prejudice.

(a) Death.

(1) Substitution if the Claim Is Not Extinguished.

(2) Continuation Among the Remaining Parties.

(3) Service.

(b) Incompetency.

(d) Public Officers; Death or Separation from Office.

TITLE V. DEPOSITIONS AND DISCOVERY.
Rule 26. Duty to Disclose; General Provisions Governing Discovery.

(a) Required Disclosures.

(1) Initial Disclosure.

(A) In General.

(B) Proceedings Exempt from Initial Disclosure.

(D) Time for Initial Disclosures—For Parties Served or Joined Later.

(E) Basis for Initial Disclosure; Unacceptable Excuses.

(2) Disclosure of Expert Testimony.

(A) In General.

(B) Witnesses Who Must Provide a Written Report.

(D) Time to Disclose Expert Testimony.

(E) Supplementing the Disclosure.

(3) Pretrial Disclosures.

(A) In General.

(B) Time for Pretrial Disclosures; Objections.

(4) Form of Disclosures.

(b) Discovery Scope and Limits.

(1) Scope in General.

(2) Limitations on Frequency and Extent.

(A) When Permitted.

(B) Specific Limitations on Electronically Stored Information.

(3) Trial Preparation: Materials.

(A) Documents and Tangible Things.

(B) Protection Against Disclosure.

(4) Trial Preparation: Experts.

(A) Deposition of an Expert Who May Testify.

(B) Trial-Preparation Protection for Draft Reports or Disclosures .

(D) Expert Employed Only for Trial Preparation.

(E) Payment.

(5) Claiming Privilege or Protecting Trial-Preparation Materials.

(A) Information Withheld.

(B) Information Produced.

(1) In General.

(2) Ordering Discovery.

(3) Awarding Expenses.

(d) Timing and Sequence of Discovery.

(1) Timing.

(2) Sequence.

(e) Supplementing Disclosures and Responses.

(1) In General.

(2) Expert Witness.

(f) Conference of the Parties; Planning for Discovery.

(1) Conference Timing.

(2) Conference Content; Parties' Responsibilities.

(3) Discovery Plan.

(4) Expedited Schedule.

(g) Signing Disclosures and Discovery Requests, Responses, and Objections.

(1) Signature Required; Effect of Signature.

(2) Failure to Sign.

(3) Sanction for Improper Certification.
Rule 27. Depositions to Perpetuate Testimony.

(a) Before an Action Is Filed.

(1) Petition.

(2) Notice and Service.

(3) Order and Examination.

(4) Using the Deposition.

(b) Pending Appeal.

(1) In General.

(2) Motion.

(3) Court Order.

(a) Within the Republic.

(1) In General.

(2) Definition of "Officer".

(b) In a Foreign Country.

(1) In General.

(2) Issuing a Letter of Request or a Commission.

(3) Form of a Request, Notice, or Commission.

(4) Letter of Request—Admitting Evidence.

(a) When a Deposition May Be Taken.

(1) Without Leave.

(2) With Leave.

(b) Notice of the Deposition; Other Formal Requirements.

(1) Notice in General.

(2) Producing Documents.

(3) Method of Recording.

(A) Method Stated in the Notice.

(B) Additional Method.

(4) By Remote Means.

(5) Officer's Duties.

(A) Before the Deposition.

(B) Conducting the Deposition; Avoiding Distortion.

(6) Notice or Subpoena Directed to an Organization.

(1) Examination and Cross-Examination.

(2) Objections.

(3) Participating Through Written Questions.

(d) Duration; Sanction; Motion to Terminate or Limit.

(1) Duration.

(2) Sanction.

(3) Motion to Terminate or Limit.

(A) Grounds.

(B) Order.

(e) Review by the Witness; Changes.

(1) Review; Statement of Changes.

(2) Changes Indicated in the Officer's Certificate.

(f) Certification and Delivery; Exhibits; Copies of the Transcript or Recording; Filing.

(1) Certification and Delivery.

(2) Documents and Tangible Things.

(A) Originals and Copies.

(B) Order Regarding the Originals.

(3) Copies of the Transcript or Recording.

(4) Notice of Filing.

(g) Failure to Attend a Deposition or Serve a Subpoena; Expenses.
Rule 31. Depositions by Written Questions.

(a) When a Deposition May Be Taken.

(1) Without Leave.

(2) With Leave.

(3) Service; Required Notice.

(4) Questions Directed to an Organization.

(5) Questions from Other Parties.

(b) Delivery to the Officer; Officer's Duties.

(1) Completion.

(2) Filing.
Rule 32. Using Depositions in Court Proceedings.

(a) Using Depositions.

(1) In General.

(2) Impeachment and Other Uses.

(3) Deposition of Party, Agent, or Designee.

(4) Unavailable Witness.

(5) Limitations on Use.

(A) Deposition Taken on Short Notice.

(B) Unavailable Deponent; Party Could Not Obtain an Attorney .

(6) Using Part of a Deposition.

(7) Substituting a Party.

(8) Deposition Taken in an Earlier Action.

(b) Objections to Admissibility.

(d) Waiver of Objections.

(1) To the Notice.

(2) To the Officer's Qualification.

(3) To the Taking of the Deposition.

(A) Objection to Competence, Relevance, or Materiality.

(B) Objection to an Error or Irregularity.

(4) To Completing and Returning the Deposition.
Rule 33. Interrogatories to Parties.

(a) In General.

(1) Number.

(2) Scope.

(b) Answers and Objections.

(1) Responding Party.

(2) Time to Respond.

(3) Answering Each Interrogatory.

(4) Objections.

(5) Signature.

(d) Option to Produce Business Records.
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes.

(a) In General.

(b) Procedure.

(1) Contents of the Request.

(2) Responses and Objections.

(A) Time to Respond.

(B) Responding to Each Item.

(D) Responding to a Request for Production of Electronically Stored Information.

(E) Producing the Documents or Electronically Stored Information .

(a) Order for an Examination.

(1) In General.

(2) Motion and Notice; Contents of the Order.

(b) Examiner's Report.

(1) Request by the Party or Person Examined.

(2) Contents.

(3) Request by the Moving Party.

(4) Waiver of Privilege.

(5) Failure to Deliver a Report.

(6) Scope.
Rule 36. Requests for Admission.

(a) Scope and Procedure.

(1) Scope.

(2) Form; Copy of a Document.

(3) Time to Respond; Effect of Not Responding.

(4) Answer.

(5) Objections.

(6) Motion Regarding the Sufficiency of an Answer or Objection.

(b) Effect of an Admission; Withdrawing or Amending It.
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions.

(a) Motion for an Order Compelling Disclosure or Discovery.

(1) In General.

(2) (Reserved).

(3) Specific Motions.

(A) To Compel Disclosure.

(B) To Compel a Discovery Response.

(4) Evasive or Incomplete Disclosure, Answer, or Response.

(5) Payment of Expenses; Protective Orders.

(A) If the Motion Is Granted (or Disclosure or Discovery Is Provided After Filing).

(B) If the Motion Is Denied.

(b) Failure to Comply with a Court Order.

(1) Sanctions Where the Deposition Is Taken.

(2) Sanctions Where the Action Is Pending.

(A) For Not Obeying a Discovery Order.

(B) For Not Producing a Person for Examination.

(1) Failure to Disclose or Supplement.

(2) Failure to Admit.

(d) Party's Failure to Attend Its Own Deposition, Serve Answers to Interrogatories, or Respond to a Request for Inspection.

(1) In General.

(A) Motion; Grounds for Sanctions.

(B) Certification.

(2) Unacceptable Excuse for Failing to Act.

(3) Types of Sanctions.

(e) Failure to Provide Electronically Stored Information.

(f) Failure to Participate in Framing a Discovery Plan.

TITLE VI. TRIALS.
Rule 38. Trial Procedure.

(a) Order of Trial.

(b) Examination of Witnesses.
Rule 39. (Reserved).
Rule 40. Scheduling Cases for Trial.
Rule 41. Dismissal of Actions.

(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order.

(B) Effect.

(2) By Court Order; Effect.

(b) Involuntary Dismissal; Effect.

(d) Costs of a Previously Dismissed Action.
Rule 42. Consolidation; Separate Trials.

(a) Consolidation.

(b) Separate Trials.
Rule 43. Taking Testimony.

(a) In Open Court.

(b) Affirmation Instead of an Oath.

(d) Interpreter.
Rule 44. Proving an Official Record.

(a) Means of Proving.

(1) Domestic Record.

(2) Foreign Record.

(A) In General.

(B) Final Certification of Genuineness.

(b) Lack of a Record.

(a) In General.

(1) Form and Contents.

(A) Requirements—In General.

(B) Command to Attend a Deposition—Notice of the Recording Method.

(C) Combining or Separating a Command to Produce or to Permit Inspection; Specifying the Form for Electronically Stored Information.

(D) Command to Produce; Included Obligations.

(2) Issued from Which Court.

(3) Issued by Whom.

(b) Service.

(1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas.

(2) Proof of Service.

(1) Avoiding Undue Burden or Expense; Sanctions.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required.

(B) Objections.

(3) Quashing or Modifying a Subpoena.

(A) When Required.

(B) When Permitted.

(d) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information.

(A) Documents.

(B) Form for Producing Electronically Stored Information Not Specified.

(D) Inaccessible Electronically Stored Information.

(2) Claiming Privilege or Protection.

(A) Information Withheld.

(B) Information Produced.

(e) Contempt.
Rule 46. Objecting to a Ruling or Order.
Rule 47. (Reserved).
Rule 48. (Reserved).
Rule 49. (Reserved).
Rule 50. (Reserved).
Rule 51. (Reserved).
Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings.

(a) Findings and Conclusions.

(1) In General.

(2) For an Interlocutory Injunction.

(3) For a Motion.

(4) Effect of a Master's Findings.

(5) Questioning the Evidentiary Support.

(6) Setting Aside the Findings.

(b) Amended or Additional Findings.

(d) In Actions Tried in the District Court or a Community Court.
Rule 53. Masters.

(a) Appointment.

(1) Scope.

(2) Disqualification.

(3) Possible Expense or Delay.

(b) Order Appointing a Master.

(1) Notice.

(2) Contents.

(3) Issuing.

(4) Amending.

(1) In General.

(2) Sanctions.

(d) Master's Orders.

(e) Master's Reports.

(f) Action on the Master's Order, Report, or Recommendations.

(1) Opportunity for a Hearing; Action in General.

(2) Time to Object or Move to Adopt or Modify.

(3) Reviewing Factual Findings.

(4) Reviewing Legal Conclusions.

(5) Reviewing Procedural Matters.

(g) Compensation.

(1) Fixing Compensation.

(2) Payment.

(3) Allocating Payment.

(h) Appointing a District or Community Court Judge.

VII. JUDGMENT.
Rule 54. Judgment; Costs.

(a) Definition; Form.

(b) Judgment on Multiple Claims or Involving Multiple Parties.

(d) Costs; Attorney's Fees.

(1) Costs Other Than Attorney's Fees.

(2) Attorney's Fees.

(A) Claim to Be by Motion.

(B) Timing and Contents of the Motion.

(a) Entering a Default.

(b) Entering a Default Judgment.

(1) (Reserved).

(2) By the Court.

(d) Judgment Against the Republic.
Rule 56. Summary Judgment.

(a) Motion for Summary Judgment or Partial Summary Judgment.

(b) Time to File a Motion.

(1) Supporting Factual Positions.

(2) Objection That a Fact Is Not Supported by Admissible Evidence.

(3) Materials Not Cited.

(4) Affidavits or Declarations.

(d) When Facts Are Unavailable to the Non-moving Party.

(e) Failing to Properly Support or Address a Fact.

(f) Judgment Independent of the Motion.

(g) Failing to Grant All the Requested Relief.

(h) Affidavit or Declaration Submitted in Bad Faith.
Rule 57. Declaratory Judgment.
Rule 58. Entering Judgment.
Rule 59. New Trial; Altering or Amending a Judgment or a Decision.

(a) In General.

(1) Grounds for New Trial.

(2) Further Action After Trial.

(b) Time to File a Motion for a New Trial.

(d) New Trial on the Court's Initiative or for Reasons Not in the Motion.

(e) Motion to Alter or Amend a Judgment.

(f) Disposition of Motion.

(g) Only One Motion Permitted.
Rule 60. Relief from a Judgment or Order.

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding.

(1) Timing.

(2) Effect on Finality.

(d) Other Powers to Grant Relief.

(e) Bills and Writs Abolished.

(f) Disposition of Motion.

(g) Only One Motion Permitted.
Rule 61. Harmless Error.
Rule 62. Stay of Proceedings to Enforce a Judgment.

(a) Automatic Stay; Exceptions for Injunctions, Receiverships, and Patent Accountings.

(b) Stay Pending the Disposition of a Motion.

(d) Stay with Bond on Appeal.

(e) Stay Without Bond on an Appeal by the Republic, a Local Government, Their Officers, or Their Agencies.

(f) (Reserved).

(g) Appellate Court's Power Not Limited.

(h) Stay with Multiple Claims or Parties.
Rule 63. Judge's Inability to Proceed.

TITLE VIII. PROVISIONAL AND FINAL REMEDIES.
Rule 64. (Reserved).
Rule 65. Injunctions and Restraining Orders.

(a) Preliminary Injunction.

(1) Notice.

(2) Consolidating the Hearing with the Trial on the Merits.

(b) Temporary Restraining Order.

(1) Issuing Without Notice.

(2) Contents; Expiration.

(3) Expediting the Preliminary-Injunction Hearing.

(4) Motion to Dissolve.

(d) Contents and Scope of Every Injunction and Restraining Order.

(1) Contents.

(2) Persons Bound.
Rule 65.1. Proceedings Against a Surety.
Rule 66. Receivers.
Rule 67. Deposit into Court.

(a) Depositing Property.

(b) Investing and Withdrawing Funds.
Rule 68. Offer of Judgment.

(a) Making an Offer; Judgment on an Accepted Offer.

(b) Unaccepted Offer.

(d) Paying Costs After an Unaccepted Offer.
Rule 69. Execution.
Rule 70. Enforcing a Judgment for a Specific Act.

(a) Party's Failure to Act; Ordering Another to Act.

(b) Vesting Title.

(d) Obtaining a Writ of Execution or Assistance.

(e) Holding in Contempt.
Rule 71. Enforcing Relief for or Against a Non-party.

TITLE IX. SPECIAL PROCEEDINGS.
Rule 71.1. (Reserved).
Rule 72. (Reserved).
Rule 73. (Reserved).
Rule 74. Eligibility to Register for Citizenship.

(a) Application.

(b) Verified Petition.

(d) Motion for Hearing.
Rule 75. Judicial Disqualification.

(a) Grounds for Disqualification.

(b) Procedure.

(1) Motions.

(2) Affidavit.

(3) Duty of Challenged Judge.

(4) Selection of Judge.

(5) Findings and Ruling.

(d) Voluntary Disqualification.

(e) Duty to Hear and Decide Matters.
Rule 76. Small Claims.

(a) Applicability.

(b) Nature and Purpose.

(d) Small Claims Summons; Return Day.

(e) Trial.

(f) Conduct of Trial.

(g) Default.

(h) Orders in Aid of Judgment.

(i) New Trial.

(j) Other Procedure.

TITLE X. HIGH COURT, DISTRICT COURTS AND CLERKS.
Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment.

(a) When High Court and District Court Are Open.

(b) Place for Trial and Other Proceedings.

(1) Hours.

(2) Orders.

(d) Serving Notice of an Order or Judgment.

(1) Service.

(2) Time to Appeal Not Affected by Lack of Notice.
Rule 78. Court Officers as Sureties.
Rule 79. Records Kept by the Clerk.

(a) Civil Docket.

(1) In General.

(2) Items to be Entered.

(3) Contents of Entries.

(b) Civil Judgments and Orders.

(d) Other Records.
Rule 80. Verbatim Record or Transcript as Evidence.

TITLE XI. GENERAL PROVISIONS.
Rule 81. Applicability in General.
Rule 82. Jurisdiction and Venue Unaffected.
Rule 83. Form of Pleadings and Motions.

(a) General.

(b) General requirements.

(1) Quality and Size of Paper, and Style of Type.

(2) Margins.

(3) Spacing.

(4) Two-sided Documents.

(5) Pagination.

(6) Signature.

(7) Exhibits.

(d) Form of first page of a paper.

(e) Contents of first paragraph.

(f) Two or more papers or documents filed together.

(g) Forms furnished by the court.
Rule 84. Declaration in Lieu of Affidavit.
Rule 85. Title.
Rule 86. Effective Date of Rules.

(a) Effective Date of Original rules.

(b) Effective Date of August 2013 Amendments.

(d) Effective Date of 2015 Amendments.

________________________

MARSHALL ISLANDS
RULES OF CIVIL PROCEDURE
(September 14, 2014)

TITLE I. SCOPE OF RULES—ONE FORM OF ACTION

Rule 1. Scope and Purpose
Except as set forth in Rule 81 or as otherwise expressly indicated, these rules shall govern procedure in Republic of the Marshall Islands courts in all actions of a civil nature whether cognizable as cases at law or in equity or admiralty; provided, that Community Courts need only follow such parts of these rules as specifically mention them, and in other matters may follow generally recognized local customs or their own best judgment as to procedure, if such custom or judgment is not inconsistent with law and does not militate against a just determination of the issues; but provided further, that a Community Court may follow any other parts of these rules that are not expressly limited to some other court or courts. Any other provisions of these rules to the contrary notwithstanding, any or all pleadings in a Community Court may be oral if the court deems best, and in such case the record need merely show the substance thereof. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.

Rule 2. One Form of Action
There is one form of action—the civil action.

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

Rule 3. Commencing an Action
A civil action is commenced by filing a complaint with the court.

Rule 4. Summons

(a) Contents; Amendments.

(1) Contents. A summons must:

(A) name the court and the parties;

(B) be directed to the defendant;

(C) state the name and address of the plaintiff's attorney or—if unrepresented—of the plaintiff;

(D) state the time within which the defendant must appear and defend;

(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;

(F) be signed by the clerk; and

(G) bear the court's seal.

(2) Amendments. The court may permit a summons to be amended.

(b) Issuance. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served.

(c) Service.

(1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

(3) By a Police Officer Marshal or Someone Specially Appointed. At the plaintiff's request, the court may order that service be made by a police officer or by a person specially appointed by the court.

(d) (Reserved).

(e) Serving an Individual Within the Republic. Unless a statute provides otherwise, an individual—other than a minor or an incompetent person—may be served in the Republic by:

(1) (reserved); or

(2) doing any of the following:

(A) delivering a copy of the summons and of the complaint to the individual personally;

(B) leaving copies thereof at the individual's dwelling house or usual place of abode or employment with someone not less than 18 years of age and of sound mind then residing or employed there; or

(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.

As used in these rules a "statute" means a statute enacted by the Nitijela of the Republic of the Marshall Islands, unless context requires otherwise.

(f) Serving an Individual in a Foreign Country. Unless a statute provides otherwise, an individual—other than a minor or an incompetent person—may be served at a place not within the Republic:

(1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;

(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice:

(A) as prescribed by the foreign country's law for service in that country in an action in its courts of general jurisdiction;

(B) as the foreign authority directs in response to a letter rogatory or letter of request; or

(C) unless prohibited by the foreign country's law, by:

(i) delivering a copy of the summons and of the complaint to the individual personally; or

(ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or

(3) by other means not prohibited by international agreement, as the court orders.

(g) Serving a Minor or an Incompetent Person. Service upon an infant or an incompetent person must be made upon the guardian in the same manner as if the guardian were the defendant.

(h) Service Upon Corporations and Associations. Service upon a corporation, clan, lineage, partnership, joint stock company, trading association, or other unincorporated association must be made by delivering a copy of the summons and of the complaint to an officer, a chief or head, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process.

(i) Serving the Republic, Its Agencies, Corporations, Officers, or Employees.

(1) Service upon the Republic shall be effected by delivering a copy of the summons and of the complaint to the Attorney-General of the Republic of the Marshall Islands (hereinafter "Attorney-General").

(2) Service on an agency, corporation, officer, or employee of the Republic is effected by delivering a copy of the summons and of the complaint to the Attorney-General and to the agency, corporation officer or employee.

(j) Service Upon a Local Government. Service upon a local government must be made by delivering a copy of the summons and of the complaint to its mayor or by serving the summons and complaint in the manner otherwise prescribed by law.

(k) Territorial Limits of Effective Service. All process may be served anywhere within the territorial limits of the Republic or, when a statute so provides, beyond the limits of the Republic.

(l) Proving Service.

(1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a police officer, proof must be by the server's affidavit.

(2) Service Outside the Republic. Service not within the Republic must be proved as follows:

(A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or

(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee.

(3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended.

(m) Time Limit for Service. If a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country.

(n) Asserting Jurisdiction over Property or Assets. The court may assert jurisdiction over property if authorized by a statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule.

(o) Language of Summons, Complaint. In each instance an effort shall be made to see that the copy of the summons and of the complaint delivered, left for, or sent to each defendant, is in a language that the defendant is likely to understand or can easily have explained to the defendant. Unless it is certain that the defendant understands a particular language, the copy or translation delivered, left for or sent to the defendant shall be either in English or in Marshallese. The decision as to what language shall be used shall be made by the clerk or judge signing the summons, subject to any order made by the court on the matter.

Rule 4.1. Serving Other Process
Process—other than a summons under Rule 4 or a subpoena under Rule 45—must be served by a police officer or by a person specially appointed for that purpose. It may be served anywhere within the territorial limits of the Republic and, if authorized by a statute, beyond those limits. Proof of service must be made under Rule 4(l).

Rule 5. Serving and Filing Pleadings and Other Papers

(a) Service: When Required.

(1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party:

(A) an order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(C) a discovery paper required to be served on a party, unless the court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, or offer of judgment, or any similar paper.

(2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.

(3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

(b) Service: How Made.

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.

(2) Service in General. A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone not less than 18 years of age and of sound mind that residing there;

(C) mailing it to the person's last known address—in which event service is complete upon mailing;

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or

(F) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery.

(c) Serving Numerous Defendants.

(1) In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:

(A) defendants' pleadings and replies to them need not be served on other defendants;

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and

(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.

(2) Notifying Parties. A copy of every such order must be served on the parties as the court directs.

(d) Filing.

(1) Required Filings; Certificate of Service. Any paper after the complaint that is required to be served—together with a certificate of service—must be filed within a reasonable time after service. The Court may strike any paper filed without a certificate of service. Disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission.

(2) How Filing Is Made—In General. A paper is filed by delivering it:

(A) to the clerk; or

(B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk.

(3) Documents in Electronic Form.

(A) Electronic Filing. The filing of pleadings and other papers may be made by electronic transmission to the court's email address (which as of March 16, 2015, is Marshall.Islands.Judiciary@gmail.com) in a form compatible for receipt by the court (e.g., Adobe Acrobat portable document format – "pdf"); provided, however, documents in excess of 25 pages can only be filed by electronic transmission with the consent of the court. Upon acceptance of a filing by electronic transmission by the clerk, a copy of the same shall be reduced to written form on paper, file stamped and placed in the court's case file. The file stamped paper copy shall be the considered original for all purposes. The court shall charge counsel or a self-represented party filing by electronic transmission 10 cents per page for a printed document. All counsel and parties filing electronically must have on deposit with the court at least $100.00 to cover the cost of printing.

(B) A court may order a party to provide the court and the other parties with copies of documents in electronic form (e.g. Adobe Acrobat, WordPerfect, MS Word) that are searchable, indexed, and submitted on a portable storage device.

(C) A court may order that voluminous documents be replaced by electronic copies in the court's files.

(4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules.

(5) Proposed findings, etc. Proposed findings, conclusions, orders, or judgments submitted for signature shall be dated and stamped "lodged" or "received" by the clerk and transmitted to the court for consideration.

Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention

(a) Notice by a Party. A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a statute or local government ordinance must promptly:

(1) file a notice of constitutional question stating the question and identifying the paper that raises it, if:

(A) a statute is questioned and the parties do not include the Republic, one of its agencies, or one of its officers or employees in an official capacity; or

(B) a local government ordinance is questioned and the parties do not include the local government, one of its agencies, or one of its officers or employees in an official capacity; and

(2) serve the notice and paper on the Attorney-General if a statute is questioned—or on the local government attorney if a local government ordinance is questioned—either by certified or registered mail or by sending it to an electronic address designated by the Attorney-General or the local government attorney for this purpose.

(b) (reserved).

(c) Intervention; Final Decision on the Merits. Unless the court sets a later time, the Attorney-General or a local government may intervene within 60 days after the notice is filed. Before the time to intervene expires, the court may reject the constitutional challenge, but may not enter a final judgment holding the statute or ordinance unconstitutional.

(d) No Forfeiture. A party's failure to file and serve the notice does not forfeit a constitutional claim or defense that is otherwise timely asserted.

Rule 6. Computing and Extending Time; Time for Motion Papers

(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any court order, or in any statute that does not specify a method of computing time.

(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(2) Period Stated in Hours. When the period is stated in hours:

(A) begin counting immediately on the occurrence of the event that triggers the period;

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and

(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.

(3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible:

(A) on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or

(B) during the last hour for filing under Rule 6(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.

(4) "Last Day" Defined. Unless a different time is set by a statute or court order, the last day ends:

(A) for electronic filing, at midnight in the court's time zone; and

(B) for filing by other means, when the clerk's office is scheduled to close.

(5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

(6) "Legal Holiday" Defined. "Legal holiday" means:

(A) the day set aside by statute for observing New Year's Day, Nuclear Victims' Remembrance Day, Good Friday, Constitution Day, Fisherman's Day, Dri Jerbal Day, Manit Day, President's Day, Gospel Day, or Christmas Day;

(B) any day declared a holiday by the Cabinet or the Nitijela; and

(C) for periods that are measured after an event, any other day declared a holiday by the local government where the court is located.

(b) Extending Time.

(1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) Exceptions. A court must not extend the time to act under Rules 52(b), 59(b), (d), and (e), and 60(c).

(c) (Reserved)

(d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise expire under Rule 6(a).

TITLE III. PLEADINGS AND MOTIONS

Rule 7. Pleadings Allowed; Form of Motions and Other Papers

(a) Pleadings. Only these pleadings are allowed:

(1) a complaint;

(2) an answer to a complaint;

(3) an answer to a counterclaim designated as a counterclaim;

(4) an answer to a crossclaim;

(5) a third-party complaint;

(6) an answer to a third-party complaint; and

(7) if the court orders one, a reply to an answer.

(b) Motions and Other Papers.

(1) In General. A request for a court order must be made by motion. The motion must:

(A) be in writing unless made during a hearing or trial;

(B) state with particularity the grounds for seeking the order;

(C) state the relief sought;

(D) if requiring the consideration of facts not appearing of record, be supported by affidavit;

(E) if involving a substantial question of law, be accompanied by a memorandum of points and authorities that sets forth a concise argument in support of the motion. Memoranda are not required when the motion raises no substantial issue of law and relief is within the court's discretion. Examples include, but are not limited to, motions to which all of the parties are shown to agree; motions for an extension of time; motions for default judgment; motions for voluntary or stipulated dismissal; and motions for leave to proceed in forma pauperis. At the time of filing a motion for which no supporting brief is required, the moving party shall submit to the court a proposed order granting the motion and setting forth the requested relief. Proposed orders are to be separately captioned, and on a separate page that is not at the end of or part of the motion; and

(F) if in writing, not exceed 15 pages, exclusive of attachments, unless otherwise authorized by court order.

(2) Opposition. An opposition to the motion by an adverse party shall, except as Rule 59(c) provides otherwise, be filed and served within 21 days after service of the motion, unless the court permits the opposition to be served at another time, and shall,

(A) if requiring the consideration of facts not appearing of record, be supported by affidavit;

(B) if involving a substantial question of law, be accompanied by a memorandum of points and authorities that address the argument(s) raised in the motion; and

(C) must not exceed 15 pages, exclusive of attachments, unless otherwise authorized by court order.

(3) Reply. The moving party shall file and serve a reply, if any, within 7 days after service of the opposition. A reply must respond only to argument raised in the opposition and must not exceed 7 pages, exclusive of attachments, unless otherwise authorized by court order.

(4) Other Papers Prohibited. Unless permitted by another rule or statute, no party may file and serve any papers other than those provided in this rule.

(5) Motions Supported by Oral Argument or Witness Testimony.

(A) Oral argument on any motion may be held only upon order of the court. Oral argument may be requested by any party by separate statement filed at the time of filing of the motion or any opposition, or no later than 7 days after service of the opposing party's opposition to the motion.

(B) Oral testimony in support of or in opposition to any motion may be permitted only upon order of the court. The opportunity to present witness testimony may be requested by any party by separate statement filed at the time of filing of the motion or any opposition, or no later than 7 days after service of the opposing party's opposition to the motion.

(6) Submission of Motions. Unless oral argument or witness testimony is ordered, a motion shall be deemed submitted and shall be decided by the court on the papers and evidence filed, if any, at the expiration of the time limits specified in these rules. Papers and evidence filed not in conformity with these rules may, in the discretion of the court, be disregarded.

(7) Stipulations and Agreed Motions. Stipulations and agreed motions shall be binding on the court only if adopted by the court through its endorsement of the proposed order. If a stipulation or agreed motion purports to alter a prior court order, including scheduling orders, the parties shall clearly state the reasons justifying the proposed change.

(8) Motions for Continuances. A motion for a continuance of a trial date or oral argument, whether or not stipulated to by respective counsel, may be granted only upon a showing of good cause and consistent with any continuance policy the courts may adopt.

(9) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.

(10) Failure to Comply with the Rule. If a party fails to comply of this rule, the court may deem the party to have abandoned, in whole or in part, the party's position on the pending motion.

Rule 7.1. Disclosure Statement

(a) Who Must File; Contents. A non-governmental corporate party must file two copies of a disclosure statement that:

(1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or

(2) states that there is no such corporation.

(b) Time to File; Supplemental Filing. A party must:

(1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court; and

(2) promptly file a supplemental statement if any required information changes.

Rule 8. General Rules of Pleading

(a) Claim for Relief. A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

(b) Defenses; Admissions and Denials.

(1) In General. In responding to a pleading, a party must:

(A) state in short and plain terms its defenses to each claim asserted against it; and

(B) admit or deny the allegations asserted against it by an opposing party.

(2) Denials—Responding to the Substance. A denial must fairly respond to the substance of the allegation.

(3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading—including the jurisdictional grounds—may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.

(4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.

(5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

(6) Effect of Failing to Deny. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

(c) Affirmative Defenses.

(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

accord and satisfaction;
arbitration and award;
assumption of risk;
contributory or comparative negligence;
duress;
estoppel;
failure of consideration;
fraud;
illegality;
injury by fellow servant;
laches;
license;
payment;
release;
res judicata;
statute of frauds;
statute of limitations; and
waiver.

(2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.

(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.

(1) In General. Each allegation must be simple, concise, and direct. No technical form is required.

(2) Alternative Statements of a Claim or Defense. A party may set out two or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

(3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.

(e) Construing Pleadings. Pleadings must be construed so as to do justice.

Rule 9. Pleading Special Matters

(a) Capacity or Authority to Sue; Legal Existence.

(1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege:

(A) a party's capacity to sue or be sued;

(B) a party's authority to sue or be sued in a representative capacity; or

(C) the legal existence of an organized association of persons that is made a party.

(2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.

(b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.

(c) Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.

(d) Official Document or Act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

(e) Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.

(f) Time and Place. An allegation of time or place is material when testing the sufficiency of a pleading.

(g) Special Damages. If an item of special damage is claimed, it must be specifically stated.

Rule 10. Form of Pleadings

(a) Caption; Names of Parties. Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.

(b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

(c) Adoption by Reference; Exhibits. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include non-monetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the moving party of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

(d) Inapplicability to Discovery. This rule does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.

Rule 11.1 Vexatious Litigant

(a) Definitions. As used in this rule, the following terms have the following meanings:

(1) "Defendant" means a person (including corporation, association, partnership and firm or governmental entity) against whom litigation is brought or maintained or sought to be brought or maintained.

(2) "Pro se" means on the person's own behalf acting as plaintiff or a person not licensed to practice law in the Republic acting, or attempting to act, on behalf of an entity in which the person claims an interest.

(3) "Litigation" means any civil action or proceeding, commenced, maintained or pending in any court.

(4) "Plaintiff" means the person who commences, institutes or maintains a litigation or causes it to be commenced, instituted or maintained, including an attorney at law acting pro se and petitioners.

(5) "Security" means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party's reasonable expenses, including attorney's fees and not limited to taxable costs, incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant.

(6) "Vexatious litigant" means a person who does any of the following:

(A) In the immediately preceding five-year period has commenced, prosecuted, or maintained pro se at least three litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing.

(B) After a litigation has been finally determined against the person, repeatedly re-litigates or attempts to re-litigate, pro se, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.

(C) In any litigation while acting pro se, repeatedly files un-meritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.

(D) Has previously been declared to be a vexatious litigant by any court of the Republic in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.

(b) Motion for Order Requiring Plaintiff to Post Security. In any litigation pending in any court of the Republic, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion must be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant.

(c) Hearing Procedure. At the hearing upon such motion the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the ground of the motion. No determination made by the court in determining or ruling upon the motion shall be or be deemed to be a determination of any issue in the litigation or of the merits thereof. Nor shall the judge who decides the motion be disqualified from hearing the case on the merits because of his or her ruling on the motion.

(d) Finding: Amount of Security. If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the moving defendant, security in such an amount and within such time as the court shall fix.

(e) Dismissal on Failure to Post Security. When security that has been ordered furnished is not furnished as ordered, the litigation shall be dismissed as to the defendant for whose benefit it was ordered furnished.

(f) Motion as Stay of Proceedings. When a motion pursuant to subdivision (b) of this rule is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 14 days after the motion shall have been denied, or if granted, until 14 days after the required security has been furnished and the moving defendant has been given written notice thereof. When a motion pursuant to subdivision (b) is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine.

(g) Vexatious Litigant; Pre-filing Order Prohibiting Filing of New Litigation.

(1) In addition to any other relief provided in this rule, the court may, on its own motion or the motion of any party, enter a pre-filing order which prohibits a vexatious litigant from filing any new litigation in the courts of the Republic pro se without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. "New litigation" includes, without limitation, a motion filed in an existing case to carry on the lawsuit or to state new causes of action, proceedings, parties, or relief, as well as where an entirely new case is to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court.

(2) The presiding judge shall permit the filing of that litigation only if it appears that the litigation has merit and has not been filed for the purposes of harassment or delay. The presiding judge may condition the filing of the litigation upon the furnishing of security for the benefit of the defendants as provided in subdivision (d) of this rule.

(3) The clerk may not file any litigation presented by a vexatious litigant subject to a pre-filing order unless the vexatious litigant first obtains an order from the presiding judge permitting the filing. When presented with such litigation, the clerk must forward it to the presiding judge. The judge shall by written order either reject the litigation or permit the filing. If the judge rejects the litigation, the clerk must do the following: mail the rejected filing back to the vexatious litigant with a notice of rejection and a copy of the judge's order and then lodge the judge's order and a copy of the rejected filing in a separate file for rejected litigation. If the judge issues an order permitting the filing, the clerk must mail a copy of the order to the vexatious litigant and, subject to other rules and orders including the payment of a filing fee, file the new litigation. If the clerk mistakenly files the litigation without the order, the presiding judge must strike the litigation unless the vexatious litigant within 14-day's notice obtains a order from the judge permitting the filing, and any party may file with the clerk and serve on the plaintiff and other parties a notice stating that the plaintiff is a vexatious litigant subject to a pre-filing order as set forth in paragraph (1) of this subdivision. The filing of the party's notice shall automatically stay the litigation. The litigation shall be automatically dismissed unless the plaintiff within 14 days of the filing of that notice obtains an order from the presiding judge permitting the filing of the litigation as set forth in paragraph (2) of this subdivision. If the presiding judge issues an order permitting the filing, the stay of the litigation shall remain in effect, and the defendants need not plead, until 14 days after the defendants are served with a copy of the order.

(4) The Clerk of the Court shall provide members of the Judiciary a copy of any pre-filing orders issued pursuant to paragraph (1) of this subdivision.

(h) Relationship to Other Sanctions. The sanctions provided for in this rule are in addition to any others available to the courts.

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

(a) Time to Serve a Responsive Pleading.

(1) In General. Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is as follows:

(A) A defendant must serve an answer within 21 days after being served with the summons and complaint.

(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.

(C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.

(2) The Republic, a Local Government, and Their Agencies, Officers, or Employees Sued in an Official Capacity. The Republic, a local government, or their agency, or officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the Attorney-General or local government attorney, as appropriate.

(3) Officers or Employees of the Republic or a Local Government Sued in an Individual Capacity. An officer or employee of the Republic or a local government sued in an individual capacity for an act or omission occurring in connection with duties performed on the Republic's or local government's behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the Attorney-General or local government attorney, whichever is later.

(4) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows:

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or

(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted; and

(7) failure to join a party under Rule 19.

A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

(c) Motion for Judgment on the Pleadings. After the pleadings are closed— but early enough not to delay trial—a party may move for judgment on the pleadings.

(d) Result of Presenting Matters Outside the Pleadings. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

(e) Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

(f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

(1) on its own; or

(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

(g) Joining Motions.

(1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule.

(2) Limitation on Further Motions. Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

(h) Waiving and Preserving Certain Defenses.

(1) When Some Are Waived. A party waives any defense listed in Rule 12(b)(2) to (5) by:

(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or

(B) failing to either:

(i) make it by motion under this rule; or

(ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course.

(2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised:

(A) in any pleading allowed or ordered under Rule 7(a);

(B) by a motion under Rule 12(c); or

(C) at trial.

(3) Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.

(i) Hearing Before Trial. If a party so moves, any defense listed in Rule 12(b)(1) to (7)—whether made in a pleading or by motion—and a motion under Rule 12(c) must be heard and decided before trial unless the court orders a deferral until trial.

Rule 13. Counterclaim and Crossclaim

(a) Compulsory Counterclaim.

(1) In General. A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and

(B) does not require adding another party over whom the court cannot acquire jurisdiction.

(2) Exceptions. The pleader need not state the claim if:

(A) when the action was commenced, the claim was the subject of another pending action; or

(B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.

(b) Permissive Counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

(c) Relief Sought in a Counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.

(d) Counterclaim Against the Republic or a Local Government. These rules do not expand the right to assert a counterclaim—or to claim a credit—against the Republic, a local government, or a Republic or local government officer or agency.

(e) Counterclaim Maturing or Acquired After Pleading. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.

(f) [Abrogated]

(g) Crossclaim Against a Co-party. A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

(h) Joining Additional Parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.

(i) Separate Trials; Separate Judgments. If the court orders separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party's claims have been dismissed or otherwise resolved.

Rule 14. Third-Party Practice

(a) When a Defending Party May Bring in a Third Party.

(1) Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a non-party who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer.

(2) Third-Party Defendant's Claims and Defenses. The person served with the summons and third-party complaint—the "third-party defendant":

(A) must assert any defense against the third-party plaintiff's claim under Rule 12;

(B) must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);

(C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim; and

(D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(3) Plaintiff's Claims Against a Third-Party Defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).

(4) Motion to Strike, Sever, or Try Separately. Any party may move to strike the third-party claim, to sever it, or to try it separately.

(5) Third-Party Defendant's Claim Against a Non-party. A third-party defendant may proceed under this rule against a non-party who is or may be liable to the third-party defendant for all or part of any claim against it.

(6) Third-Party Complaint In Rem. If it is within the admiralty or maritime jurisdiction, a third-party complaint may be in rem. In that event, a reference in this rule to the ''summons'' includes the warrant of arrest, and a reference to the defendant or third-party plaintiff includes, when appropriate, a person who asserts a right in the property arrested.

(b) When a Plaintiff May Bring in a Third Party. When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

Rule 15. Amended and Supplemental Pleadings

(a) Amendments Before Trial.

(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course:

(A) before serving or within 21 days after serving the pleading, or

(B) if the pleading is one to which a responsive pleading is required, within 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

(3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

(b) Amendments During and After Trial.

(1) Based on an Objection at Trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.

(2) For Issues Tried by Consent. When an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move—at any time, even after judgment—to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue.

(c) Relation Back of Amendments.

(1) When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when:

(A) the law that provides the applicable statute of limitations allows relation back;

(B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading; or

(C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment:

(i) received such notice of the action that it will not be prejudiced in defending on the merits; and

(ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.

(2) Notice to the Republic or a Local Government. When the Republic, local government, or an officer or agency of either is added as a defendant by amendment, the notice requirements of Rule 15(c)(1)(C)(i) and (ii) are satisfied if, during the stated period, process was delivered or mailed to the Attorney-General or the local government's attorney, or to the officer or agency.

(d) Supplemental Pleadings. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time.

Rule 16. Pretrial Conferences; Scheduling; Management

(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:

(1) expediting disposition of the action;

(2) establishing early and continuing control so that the case will not be protracted because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation; and

(5) facilitating settlement.

(b) Scheduling.

(1) Scheduling Order. Except in categories of actions exempted by a judge, a judge must issue a scheduling order:

(A) after receiving the parties' report under Rule 26(f); or

(B) after consulting with the parties' attorneys and any unrepresented parties at a scheduling conference or by telephone, mail, or other means.

(2) Time to Issue. The judge must issue the scheduling order as soon as practicable, but in any event within the earlier of 120 days after any defendant has been served with the complaint or 90 days after any defendant has appeared.

(3) Contents of the Order.

(A) Required Contents. The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions.

(B) Permitted Contents. The scheduling order may:

(i) modify the timing of disclosures under Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;

(iii) provide for disclosure or discovery of electronically stored information;

(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced;

(v) set dates for pretrial conferences and for trial; and

(vi) include other appropriate matters.

(4) Modifying a Schedule. A schedule may be modified only for good cause and with the judge's consent.

(c) Attendance and Matters for Consideration at a Pretrial Conference.

(1) Attendance. A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the court may require that a party or its representative be present or reasonably available by other means to consider possible settlement.

(2) Matters for Consideration. At any pretrial conference, the court may consider and take appropriate action on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under Rule 702 of the Marshall Islands Rules of Evidence ("Rules of Evidence");

(E) determining the appropriateness and timing of summary adjudication under Rule 56;

(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rule 26 and Rules 29 through 37;

(G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;

(H) referring matters to a master;

(I) settling the case and using special procedures to assist in resolving the dispute when authorized by statute;

(J) determining the form and content of the pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

(M) ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, third-party claim, or particular issue;

(N) ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a) or a judgment on partial findings under Rule 52(c);

(O) establishing a reasonable limit on the time allowed to present evidence; and

(P) facilitating in other ways the just, speedy, and inexpensive disposition of the action.

(d) Pretrial Orders. After any conference under this rule, the court should issue an order reciting the action taken. This order controls the course of the action unless the court modifies it.

(e) Final Pretrial Conference and Orders. The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice.

(f) Sanctions.

(1) In General. On motion or on its own, the court may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii) to (vii), if a party or its attorney:

(A) fails to appear at a scheduling or other pretrial conference;

(B) is substantially unprepared to participate—or does not participate in good faith—in the conference; or

(C) fails to obey a scheduling or other pretrial order.

(2) Imposing Fees and Costs. Instead of or in addition to any other sanction, the court must order the party, its attorney, or both to pay the reasonable expenses—including attorney's fees—incurred because of any non-compliance with this rule, unless the non-compliance was substantially justified or other circumstances make an award of expenses unjust.

TITLE IV. PARTIES

Rule 17. Plaintiff and Defendant; Capacity; Public Officers

(a) Real Party in Interest.

(1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:

(A) an executor;

(B) an administrator;

(C) a guardian;

(D) a bailee;

(E) a trustee of an express trust;

(F) a party with whom or in whose name a contract has been made for another's benefit; and

(G) a party authorized by statute.

(2) Action in the Name of the Republic for Another's Use or Benefit. When a statute so provides, an action for another's use or benefit must be brought in the name of the Republic.

(3) Joinder of the Real Party in Interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.

(b) Capacity to Sue or Be Sued. Capacity to sue or be sued is determined as follows:

(1) for an individual who is not acting in a representative capacity, by the law of the individual's domicile;

(2) for a corporation, by the law under which it was organized; and

(3) for all other parties, by the law of the Republics.

(c) Minor or Incompetent Person.

(1) With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person:

(A) a general guardian;

(B) a committee;

(C) a conservator; or

(D) a like fiduciary.

(2) Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person who is unrepresented in an action.

(d) Public Officer's Title and Name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer's name be added.

Rule 18. Joinder of Claims

(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

(b) Joinder of Contingent Claims. A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties' relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money.

Rule 19. Required Joinder of Parties

(a) Persons Required to Be Joined if Feasible.

(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:

(A) in that person's absence, the court cannot accord complete relief among existing parties; or

(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:

(i) as a practical matter impair or impede the person's ability to protect the interest; or

(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.

(2) Joinder by Court Order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.

(b) When Joinder Is Not Feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:

(1) the extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties;

(2) the extent to which any prejudice could be lessened or avoided by:

(A) protective provisions in the judgment;

(B) shaping the relief; or

(C) other measures;

(3) whether a judgment rendered in the person's absence would be adequate; and

(4) whether the plaintiff would have an adequate remedy if the action were dismissed for non-joinder.

(c) Pleading the Reasons for Non-joinder. When asserting a claim for relief, a party must state:

(1) the name, if known, of any person who is required to be joined if feasible but is not joined; and

(2) the reasons for not joining that person.

(d) Exception for Class Actions. This rule is subject to Rule 23.

Rule 20. Permissive Joinder of Parties

(a) Persons Who May Join or Be Joined.

(1) Plaintiffs. Persons may join in one action as plaintiffs if:

(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all plaintiffs will arise in the action.

(2) Defendants. Persons—as well as a vessel, cargo, or other property subject to admiralty process in rem—may be joined in one action as defendants if:

(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all defendants will arise in the action.

(3) Extent of Relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.

(b) Protective Measures. The court may issue orders—including an order for separate trials—to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.

Rule 21. Misjoinder and Non-joinder of Parties
Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

Rule 22. Interpleader

(a) Grounds.

(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or

(B) the plaintiff denies liability in whole or in part to any or all of the claimants.

(2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.

(b) Relation to Rule 20. This rule supplements—and does not limit—the joinder of parties allowed by Rule 20.

Rule 23. Class Actions

(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the class;

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and

(4) the representative parties will fairly and adequately protect the interests of the class.

(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:

(1) prosecuting separate actions by or against individual class members would create a risk of:

(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; or

(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;

(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or

(3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include:

(A) the class members' interests in individually controlling the prosecution or defense of separate actions;

(B) the extent and nature of any litigation concerning the controversy already begun by or against class members;

(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and

(D) the likely difficulties in managing a class action.

(c) Certification Order; Notice to Class Members; Judgment; Issues Classes; Subclasses.

(1) Certification Order.

(A) Time to Issue. At an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action.

(B) Defining the Class; Appointing Class Counsel. An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).

(C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.

(2) Notice.

(A) For (b)(1) or (b)(2) Classes. For any class certified under Rule 23(b) or (b)(2), the court may direct appropriate notice to the class.

(B) For (b)(3) Classes. For any class certified under Rule 23(b)(3), the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must clearly and concisely state in plain, easily understood language:

(i) the nature of the action;

(ii) the definition of the class certified;

(iii) the class claims, issues, or defenses;

(iv) that a class member may enter an appearance through an attorney if the member so desires;

(v) that the court will exclude from the class any member who requests exclusion;

(vi) the time and manner for requesting exclusion; and

(vii) the binding effect of a class judgment on members under Rule 23(c)(3).

(3) Judgment. Whether or not favorable to the class, the judgment in a class action must:

(A) for any class certified under Rule 23(b)(1) or (b)(2), include and describe those whom the court finds to be class members; and

(B) for any class certified under Rule 23(b)(3), include and specify or describe those to whom the Rule 23(c)(2) notice was directed, who have not requested exclusion, and whom the court finds to be class members.

(4) Particular Issues. When appropriate, an action may be brought or maintained as a class action with respect to particular issues.

(5) Subclasses. When appropriate, a class may be divided into subclasses that are each treated as a class under this rule.

(d) Conducting the Action.

(1) In General. In conducting an action under this rule, the court may issue orders that:

(A) determine the course of proceedings or prescribe measures to prevent undue repetition or complication in presenting evidence or argument;

(B) require—to protect class members and fairly conduct the action—giving appropriate notice to some or all class members of:

(i) any step in the action;

(ii) the proposed extent of the judgment; or

(iii) the members' opportunity to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or to otherwise come into the action;

(C) impose conditions on the representative parties or on intervenors;

(D) require that the pleadings be amended to eliminate allegations about representation of absent persons and that the action proceed accordingly; or

(E) deal with similar procedural matters.

(2) Combining and Amending Orders. An order under Rule 23(d)(1) may be altered or amended from time to time and may be combined with an order under Rule 16.

(e) Settlement, Voluntary Dismissal, or Compromise. The claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval. The following procedures apply to a proposed settlement, voluntary dismissal, or compromise:

(1) The court must direct notice in a reasonable manner to all class members who would be bound by the proposal.

(2) If the proposal would bind class members, the court may approve it only after a hearing and on finding that it is fair, reasonable, and adequate.

(3) The parties seeking approval must file a statement identifying any agreement made in connection with the proposal.

(4) If the class action was previously certified under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.

(5) Any class member may object to the proposal if it requires court approval under this subdivision (e); the objection may be withdrawn only with the court's approval.

(f) Appeals. The Supreme Court may permit an appeal from an order granting or denying class-action certification under this rule if a petition for permission to appeal is filed with the clerk within 14 days after the order is entered. An appeal does not stay proceedings in the High Court unless the High Court justice or the Supreme Court so orders.

(g) Class Counsel.

(1) Appointing Class Counsel. Unless a statute provides otherwise, a court that certifies a class must appoint class counsel. In appointing class counsel, the court:

(A) must consider:

(i) the work counsel has done in identifying or investigating potential claims in the action;

(ii) counsel's experience in handling class actions, other complex litigation, and the types of claims asserted in the action;

(iii) counsel's knowledge of the applicable law; and

(iv) the resources that counsel will commit to representing the class;

(B) may consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class;

(C) may order potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney's fees and non-taxable costs;

(D) may include in the appointing order provisions about the award of attorney's fees or non-taxable costs under Rule 23(h); and

(E) may make further orders in connection with the appointment.

(2) Standard for Appointing Class Counsel. When one applicant seeks appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1) and (4). If more than one adequate applicant seeks appointment, the court must appoint the applicant best able to represent the interests of the class.

(3) Interim Counsel. The court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action.

(4) Duty of Class Counsel. Class counsel must fairly and adequately represent the interests of the class.

(h) Attorney's Fees and Non-taxable Costs. In a certified class action, the court may award reasonable attorney's fees and non-taxable costs that are authorized by law or by the parties' agreement. The following procedures apply:

(1) A claim for an award must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision (h), at a time the court sets. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.

(2) A class member, or a party from whom payment is sought, may object to the motion.

(3) The court may hold a hearing and must find the facts and state its legal conclusions under Rule 52(a).

Rule 23.1. Derivative Actions

(a) Prerequisites. This rule applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of shareholders or members who are similarly situated in enforcing the right of the corporation or association.

(b) Pleading Requirements. The complaint must be verified and must:

(1) allege that the plaintiff was a shareholder or member at the time of the transaction complained of, or that the plaintiff's share or membership later devolved on it by operation of law;

(2) allege that the action is not a collusive one to confer jurisdiction that the court would otherwise lack; and

(3) state with particularity:

(A) any effort by the plaintiff to obtain the desired action from the directors or comparable authority and, if necessary, from the shareholders or members; and

(B) the reasons for not obtaining the action or not making the effort.

(c) Settlement, Dismissal, and Compromise. A derivative action may be settled, voluntarily dismissed, or compromised only with the court's approval. Notice of a proposed settlement, voluntary dismissal, or compromise must be given to shareholders or members in the manner that the court orders.

Rule 23.2. Actions Relating to Unincorporated Associations
This rule applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those in Rule 23(d), and the procedure for settlement, voluntary dismissal, or compromise must correspond with the procedure in Rule 23(e).

Rule 24. Intervention

(a) Intervention of Right. On timely motion, the court must permit anyone to intervene who:

(1) is given an unconditional right to intervene by a statute; or

(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the moving party's ability to protect its interest, unless existing parties adequately represent that interest.

(b) Permissive Intervention.

(1) In General. On timely motion, the court may permit anyone to intervene who:

(A) is given a conditional right to intervene by a statute; or

(B) has a claim or defense that shares with the main action a common question of law or fact.

(2) By a Government Officer or Agency. On timely motion, the court may permit a national or local government officer or agency to intervene if a party's claim or defense is based on:

(A) a statute or executive order administered by the officer or agency; or

(B) any regulation, order, requirement, or agreement issued or made under the statute or executive order.

(3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.

(c) Notice and Pleading Required. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene. When the constitutionality of an Act of Nitijela affecting the public interest is drawn in question in any action to which the Republic or an officer, agency, or employee thereof is not a party, the court shall notify the Attorney-General of the Republic. When the constitutionality of a local government ordinance affecting the public interest is drawn in question in any action to which the local government or an officer, agency, or employee thereof is not a party, the court shall notify the local government. A party challenging the constitutionality of legislation should call the attention of the court to its consequential duty, but failure to do so is not a waiver of any constitutional right otherwise timely asserted.

Rule 25. Substitution of Parties

(a) Death.

(1) Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.

(2) Continuation Among the Remaining Parties. After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.

(3) Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in Rule 5 and on non-parties as provided in Rule 4. A statement noting death must be served in the same manner.

(b) Incompetency. If a party becomes incompetent, the court may, on motion, permit the action to be continued by or against the party's representative. The motion must be served as provided in Rule 25(a)(3).

(c) Transfer of Interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in Rule 25(a)(3).

(d) Public Officers; Death or Separation from Office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.

TITLE V. DEPOSITIONS AND DISCOVERY

Rule 26. Duty to Disclose; General Provisions Governing Discovery

(a) Required Disclosures.

(1) Initial Disclosure.

(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:

(i) the name and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;

(ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;

(iii) a computation of each category of damages claimed by the disclosing party—who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and

(iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.

(B) Proceedings Exempt from Initial Disclosure. The following proceedings are exempt from initial disclosure:

(i) an action for review on an administrative record;

(ii) a forfeiture action in rem arising from a statute;

(iii) a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence;

(iv) an action brought without an attorney by a person in the custody of the Republic or a local government;

(v) an action to enforce or quash an administrative summons or subpoena;

(vi) an action by the Republic to recover benefit payments;

(vii) (reserved);

(viii) a proceeding ancillary to a proceeding in another court; and

(ix) an action to enforce an arbitration award.

(C) Time for Initial Disclosures—In General. A party must make the initial disclosures at or within 14 days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in this action and states the objection in the proposed discovery plan. In ruling on the objection, the court must determine what disclosures, if any, are to be made and must set the time for disclosure.

(D) Time for Initial Disclosures—For Parties Served or Joined Later.

A party that is first served or otherwise joined after the Rule 26(f) conference must make the initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order.

(E) Basis for Initial Disclosure; Unacceptable Excuses. A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party's disclosures or because another party has not made its disclosures.

(2) Disclosure of Expert Testimony.

(A) In General. In addition to the disclosures required by Rule 26(a)(1), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Rule of Evidence 702, 703, or 705.

(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report—prepared and signed by the witness—if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony. The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the facts or data considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

(C) Witnesses Who Do Not Provide a Written Report. Unless otherwise stipulated or ordered by the court, if the witness is not required to provide a written report, this disclosure must state:

(i) the subject matter on which the witness is expected to present evidence under Rule of Evidence 702, 703, or 705; and

(ii) a summary of the facts and opinions to which the witness is expected to testify.

(D) Time to Disclose Expert Testimony. A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order, the disclosures must be made:

(i) at least 90 days before the date set for trial or for the case to be ready for trial; or

(ii) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(a)(2)(B) or (C), within 30 days after the other party's disclosure.

(E) Supplementing the Disclosure. The parties must supplement these disclosures when required under Rule 26(e).

(3) Pretrial Disclosures.

(A) In General. In addition to the disclosures required by Rule 26(a)(1) and (2), a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial other than solely for impeachment:

(i) the name and, if not previously provided, the address and telephone number of each witness—separately identifying those the party expects to present and those it may call if the need arises;

(ii) the designation of those witnesses whose testimony the party expects to present by deposition and, if not taken stenographically, a transcript of the pertinent parts of the deposition; and

(iii) an identification of each document or other exhibit, including summaries of other evidence—separately identifying those items the party expects to offer and those it may offer if the need arises.

(B) Time for Pretrial Disclosures; Objections. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(A)(ii); and any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 26(a)(3)(A)(iii). An objection not so made—except for one under Rule of Evidence 402 or 403—is waived unless excused by the court for good cause.

(4) Form of Disclosures. Unless the court orders otherwise, all disclosures under Rule 26(a) must be in writing, signed, and served.

(b) Discovery Scope and Limits.

(1) Scope in General. Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense— including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).

(2) Limitations on Frequency and Extent.

(A) When Permitted. By order, the court may alter the limits in these rules on the number of depositions and interrogatories or on the length of depositions under Rule 30. By order, the court may also limit the number of requests under Rule 36.

(B) Specific Limitations on Electronically Stored Information. A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(C) When Required. On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed by these rules if it determines that:

(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive;

(ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or

(iii) the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.

(3) Trial Preparation: Materials.

(A) Documents and Tangible Things. Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (including the other party's attorney, consultant, surety, indemnitor, insurer, or agent). But, subject to Rule 26(b)(4), those materials may be discovered if:

(i) they are otherwise discoverable under Rule 26(b)(1); and

(ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means.

(B) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation.

(C) Previous Statement. Any party or other person may, on request and without the required showing, obtain the person's own previous statement about the action or its subject matter. If the request is refused, the person may move for a court order, and Rule 37(a)(5) applies to the award of expenses. A previous statement is either:

(i) a written statement that the person has signed or otherwise adopted or approved; or

(ii) a contemporaneous stenographic, mechanical, electrical, or other recording—or a transcription of it—that recites substantially verbatim the person's oral statement.

(4) Trial Preparation: Experts.

(A) Deposition of an Expert Who May Testify. A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If Rule 26(a)(2)(B) requires a report from the expert, the deposition may be conducted only after the report is provided.

(B) Trial-Preparation Protection for Draft Reports or Disclosures.

Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which the draft is recorded.

(C) Trial-Preparation Protection for Communications Between a Party's Attorney and Expert Witnesses. Rules 26(b)(3)(A) and (B) protect communications between the party's attorney and any witness required to provide a report under Rule 26(a)(2)(B), regardless of the form of the communications, except to the extent that the communications:

(i) relate to compensation for the expert's study or testimony;

(ii) identify facts or data that the party's attorney provided and that the expert considered in forming the opinions to be expressed; or

(iii) identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions to be expressed.

(D) Expert Employed Only for Trial Preparation. Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial. But a party may do so only:

(i) as provided in Rule 35(b); or

(ii) on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means.

(E) Payment. Unless manifest injustice would result, the court must require that the party seeking discovery:

(i) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) or (D); and

(ii) for discovery under (D), also pay the other party a fair portion of the fees and expenses it reasonably incurred in obtaining the expert's facts and opinions.

(5) Claiming Privilege or Protecting Trial-Preparation Materials.

(A) Information Withheld. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial-preparation material, the party must:

(i) expressly make the claim; and

(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.

(B) Information Produced. If information produced in discovery is subject to a claim of privilege or of protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The producing party must preserve the information until the claim is resolved.

(c) Protective Orders.

(1) In General. A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending. The motion must include a certification that the moving party has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted;

(F) requiring that a deposition be sealed and opened only on court order;

(G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and

(H) requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the court directs.

(2) Ordering Discovery. If a motion for a protective order is wholly or partly denied, the court may, on just terms, order that any party or person provide or permit discovery.

(3) Awarding Expenses. Rule 37(a)(5) applies to the award of expenses.

(d) Timing and Sequence of Discovery.

(1) Timing. A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order.

(2) Sequence. Unless, on motion, the court orders otherwise for the parties' and witnesses' convenience and in the interests of justice:

(A) methods of discovery may be used in any sequence; and

(B) discovery by one party does not require any other party to delay its discovery.

(e) Supplementing Disclosures and Responses.

(1) In General. A party who has made a disclosure under Rule 26(a)—or who has responded to an interrogatory, request for production, or request for admission—must supplement or correct its disclosure or response:

(A) in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or

(B) as ordered by the court.

(2) Expert Witness. For an expert whose report must be disclosed under Rule 26(a)(2)(B), the party's duty to supplement extends both to information included in the report and to information given during the expert's deposition. Any additions or changes to this information must be disclosed by the time the party's pretrial disclosures under Rule 26(a)(3) are due.

(f) Conference of the Parties; Planning for Discovery.

(1) Conference Timing. Except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable—and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).

(2) Conference Content; Parties' Responsibilities. In conferring, the parties must consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; make or arrange for the disclosures required by Rule 26(a)(1); discuss any issues about preserving discoverable information; and develop a proposed discovery plan. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan. The court may order the parties or attorneys to attend the conference in person.

(3) Discovery Plan. A discovery plan must state the parties' views and proposals on:

(A) what changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement of when initial disclosures were made or will be made;

(B) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues;

(C) any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced;

(D) any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after production—whether to ask the court to include their agreement in an order;

(E) what changes should be made in the limitations on discovery imposed under these rules, and what other limitations should be imposed; and

(F) any other orders that the court should issue under Rule 26(c) or under Rule 16(b) and (c).

(4) Expedited Schedule. If necessary to comply with its expedited schedule for Rule 16(b) conferences, a court may by order:

(A) require the parties' conference to occur less than 21 days before the scheduling conference is held or a scheduling order is due under Rule 16(b); and

(B) require the written report outlining the discovery plan to be filed less than 14 days after the parties' conference, or excuse the parties from submitting a written report and permit them to report orally on their discovery plan at the Rule 16(b) conference.

(g) Signing Disclosures and Discovery Requests, Responses, and Objections.

(1) Signature Required; Effect of Signature. Every disclosure under Rule 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney of record in the attorney's own name—or by the party personally, if unrepresented—and must state the signer's address, e-mail address, and telephone number. By signing, an attorney or party certifies that to the best of the person's knowledge, information, and belief formed after a reasonable inquiry:

(A) with respect to a disclosure, it is complete and correct as of the time it is made; and

(B) with respect to a discovery request, response, or objection, it is:

(i) consistent with these rules and warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law, or for establishing new law;

(ii) not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and

(iii) neither unreasonable nor unduly burdensome or expensive, considering the needs of the case, prior discovery in the case, the amount in controversy, and the importance of the issues at stake in the action.

(2) Failure to Sign. Other parties have no duty to act on an unsigned disclosure, request, response, or objection until it is signed, and the court must strike it unless a signature is promptly supplied after the omission is called to the attorney's or party's attention.

(3) Sanction for Improper Certification. If a certification violates this rule without substantial justification, the court, on motion or on its own, must impose an appropriate sanction on the signer, the party on whose behalf the signer was acting, or both. The sanction may include an order to pay the reasonable expenses, including attorney's fees, caused by the violation.

Rule 27. Depositions to Perpetuate Testimony

(a) Before an Action Is Filed.

(1) Petition. A person who wants to perpetuate testimony about any matter cognizable in a Republic court may file a verified petition in the court. The petition must ask for an order authorizing the petitioner to depose the named persons in order to perpetuate their testimony. The petition must be titled in the petitioner's name and must show:

(A) that the petitioner expects to be a party to an action cognizable in a Republic court but cannot presently bring it or cause it to be brought;

(B) the subject matter of the expected action and the petitioner's interest;

(C) the facts that the petitioner wants to establish by the proposed testimony and the reasons to perpetuate it;

(D) the names or a description of the persons whom the petitioner expects to be adverse parties and their addresses, so far as known; and

(E) the name, address, and expected substance of the testimony of each deponent.

(2) Notice and Service. At least 21 days before the hearing date, the petitioner must serve each expected adverse party with a copy of the petition and a notice stating the time and place of the hearing. The notice may be served in the manner provided in Rule 4. If that service cannot be made with reasonable diligence on an expected adverse party, the court may order service by publication or otherwise. The court must appoint an attorney to represent persons not served in the manner provided in Rule 4 and to cross-examine the deponent if an unserved person is not otherwise represented. If any expected adverse party is a minor or is incompetent, Rule 17(c) applies.

(3) Order and Examination. If satisfied that perpetuating the testimony may prevent a failure or delay of justice, the court must issue an order that designates or describes the persons whose depositions may be taken, specifies the subject matter of the examinations, and states whether the depositions will be taken orally or by written interrogatories. The depositions may then be taken under these rules, and the court may issue orders like those authorized by Rules 34 and 35. A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was filed.

(4) Using the Deposition. A deposition to perpetuate testimony may be used under Rule 32(a) in any later-filed court action involving the same subject matter if the deposition either was taken under these rules or, although not so taken, would be admissible in evidence in the courts where it was taken.

(b) Pending Appeal.

(1) In General. The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.

(2) Motion. The party who wants to perpetuate testimony may move for leave to take the depositions, on the same notice and service as if the action were pending in the court. The motion must show:

(A) the name, address, and expected substance of the testimony of each deponent; and

(B) the reasons for perpetuating the testimony.

(3) Court Order. If the court finds that perpetuating the testimony may prevent a failure or delay of justice, the court may permit the depositions to be taken and may issue orders like those authorized by Rules 34 and 35. The depositions may be taken and used as any other deposition taken in a pending court action.

(c) Perpetuation by an Action. This rule does not limit a court's power to entertain an action to perpetuate testimony.

Rule 28. Persons Before Whom Depositions May be Taken

(a) Within the Republic.

(1) In General. Within the Republic, a deposition must be taken before:

(A) an officer authorized to administer oaths either by law or by the law in the place of examination; or

(B) a person appointed by the court where the action is pending to administer oaths and take testimony.

(2) Definition of "Officer". The term "officer" in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a).

(b) In a Foreign Country.

(1) In General. A deposition may be taken in a foreign country:

(A) under an applicable treaty or convention;

(B) under a letter of request, whether or not captioned a "letter rogatory";

(C) on notice, before a person authorized to administer oaths either by law or by the law in the place of examination; or

(D) before a person commissioned by the court to administer any necessary oath and take testimony.

(2) Issuing a Letter of Request or a Commission. A letter of request, a commission, or both may be issued:

(A) on appropriate terms after an application and notice of it; and

(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.

(3) Form of a Request, Notice, or Commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed "To the Appropriate Authority in [name of country]." A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.

(4) Letter of Request—Admitting Evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the Republic.

(c) Disqualification. A deposition must not be taken before a person who is any party's relative, employee, or attorney; who is related to or employed by any party's attorney; or who is financially interested in the action.

Rule 29. Stipulations About Discovery Procedure
Unless the court orders otherwise, the parties may stipulate that:

(a) a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified—in which event it may be used in the same way as any other deposition; and

(b) other procedures governing or limiting discovery be modified—but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial.

Rule 30. Depositions by Oral Examination

(a) When a Deposition May Be Taken.

(1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent's attendance may be compelled by subpoena under Rule 45.

(2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(2):

(A) if the parties have not stipulated to the deposition and:

(i) the deposition would result in more than 10 depositions being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, or by the third-party defendants;

(ii) the deponent has already been deposed in the case; or

(iii) the party seeks to take the deposition before the time specified in Rule 26(d), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave the Republic and be unavailable for examination in this country after that time; or

(B) if the deponent is confined in prison.

(b) Notice of the Deposition; Other Formal Requirements.

(1) Notice in General. A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs.

(2) Producing Documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition.

(3) Method of Recording.

(A) Method Stated in the Notice. The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition.

(B) Additional Method. With prior notice to the deponent and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise.

(4) By Remote Means. The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions.

(5) Officer's Duties.

(A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. The officer must begin the deposition with an on-the-record statement that includes:

(i) the officer's name and business address;

(ii) the date, time, and place of the deposition;

(iii) the deponent's name;

(iv) the officer's administration of the oath or affirmation to the deponent; and

(v) the identity of all persons present.

(B) Conducting the Deposition; Avoiding Distortion. If the deposition is recorded non-stenographically, the officer must repeat the items in Rule 30(b)(5)(A)(i) to (iii) at the beginning of each unit of the recording medium. The deponent's and attorneys' appearance or demeanor must not be distorted through recording techniques.

(C) After the Deposition. At the end of a deposition, the officer must state on the record that the deposition is complete and must set out any stipulations made by the attorneys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters.

(6) Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. A subpoena must advise a non-party organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.

(c) Examination and Cross-Examination; Record of the Examination; Objections; Written Questions.

(1) Examination and Cross-Examination. The examination and cross-examination of a deponent proceed as they would at trial under the Rules of Evidence, except Rules 103 and 615. After putting the deponent under oath or affirmation, the officer must record the testimony by the method designated under Rule 30(b)(3)(A). The testimony must be recorded by the officer personally or by a person acting in the presence and under the direction of the officer.

(2) Objections. An objection at the time of the examination—whether to evidence, to a party's conduct, to the officer's qualifications, to the manner of taking the deposition, or to any other aspect of the deposition—must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection. An objection must be stated concisely in a non-argumentative and non-suggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3).

(3) Participating Through Written Questions. Instead of participating in the oral examination, a party may serve written questions in a sealed envelope on the party noticing the deposition, who must deliver them to the officer. The officer must ask the deponent those questions and record the answers verbatim.

(d) Duration; Sanction; Motion to Terminate or Limit.

(1) Duration. Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.

(2) Sanction. The court may impose an appropriate sanction—including the reasonable expenses and attorney's fees incurred by any party—on a person who impedes, delays, or frustrates the fair examination of the deponent.

(3) Motion to Terminate or Limit.

(A) Grounds. At any time during a deposition, the deponent or a party may move to terminate or limit it on the ground that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party. The motion may be filed in the court where the action is pending or the deposition is being taken. If the objecting deponent or party so demands, the deposition must be suspended for the time necessary to obtain an order.

(B) Order. The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26(c). If terminated, the deposition may be resumed only by order of the court where the action is pending.

(C) Award of Expenses. Rule 37(a)(5) applies to the award of expenses.

(e) Review by the Witness; Changes.

(1) Review; Statement of Changes. On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which:

(A) to review the transcript or recording; and

(B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.

(2) Changes Indicated in the Officer's Certificate. The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period.

(f) Certification and Delivery; Exhibits; Copies of the Transcript or Recording; Filing.

(1) Certification and Delivery. The officer must certify in writing that the witness was duly sworn and that the deposition accurately records the witness's testimony. The certificate must accompany the record of the deposition. Unless the court orders otherwise, the officer must seal the deposition in an envelope or package bearing the title of the action and marked "Deposition of [witness's name]" and must promptly send it to the attorney who arranged for the transcript or recording. The attorney must store it under conditions that will protect it against loss, destruction, tampering, or deterioration.

(2) Documents and Tangible Things.

(A) Originals and Copies. Documents and tangible things produced for inspection during a deposition must, on a party's request, be marked for identification and attached to the deposition. Any party may inspect and copy them. But if the person who produced them wants to keep the originals, the person may:

(i) offer copies to be marked, attached to the deposition, and then used as originals—after giving all parties a fair opportunity to verify the copies by comparing them with the originals; or

(ii) give all parties a fair opportunity to inspect and copy the originals after they are marked—in which event the originals may be used as if attached to the deposition.

(B) Order Regarding the Originals. Any party may move for an order that the originals be attached to the deposition pending final disposition of the case.

(3) Copies of the Transcript or Recording. Unless otherwise stipulated or ordered by the court, the officer must retain the stenographic notes of a deposition taken stenographically or a copy of the recording of a deposition taken by another method. When paid reasonable charges, the officer must furnish a copy of the transcript or recording to any party or the deponent.

(4) Notice of Filing. A party who files the deposition must promptly notify all other parties of the filing.

(g) Failure to Attend a Deposition or Serve a Subpoena; Expenses. A party who, expecting a deposition to be taken, attends in person or by an attorney may recover reasonable expenses for attending, including attorney's fees, if the noticing party failed to:

(1) attend and proceed with the deposition; or

(2) serve a subpoena on a non-party deponent, who consequently did not attend.

Rule 31. Depositions by Written Questions

(a) When a Deposition May Be Taken.

(1) Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(a)(2). The deponent's attendance may be compelled by subpoena under Rule 45.

(2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(2):

(A) if the parties have not stipulated to the deposition and:

(i) the deposition would result in more than 10 depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by the third-party defendants;

(ii) the deponent has already been deposed in the case; or

(iii) the party seeks to take a deposition before the time specified in Rule 26(d); or

(B) if the deponent is confined in prison.

(3) Service; Required Notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.

(4) Questions Directed to an Organization. A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with Rule 30(b)(6).

(5) Questions from Other Parties. Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.

(b) Delivery to the Officer; Officer's Duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30(c), (e), and (f) to:

(1) take the deponent's testimony in response to the questions;

(2) prepare and certify the deposition; and

(3) send it to the party, attaching a copy of the questions and of the notice.

(c) Notice of Completion or Filing.

(1) Completion. The party who noticed the deposition must notify all other parties when it is completed.

(2) Filing. A party who files the deposition must promptly notify all other parties of the filing.

Rule 32. Using Depositions in Court Proceedings

(a) Using Depositions.

(1) In General. At a hearing or trial, all or part of a deposition may be used against a party on these conditions:

(A) the party was present or represented at the taking of the deposition or had reasonable notice of it;

(B) it is used to the extent it would be admissible under the Rules of Evidence if the deponent were present and testifying; and

(C) the use is allowed by Rule 32(a)(2) through (8).

(2) Impeachment and Other Uses. Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any other purpose allowed by the Rules of Evidence.

(3) Deposition of Party, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4).

(4) Unavailable Witness. A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds:

(A) that the witness is dead;

(B) that the witness is more than 100 miles from the place of hearing or trial or is outside the Republic, unless it appears that the witness's absence was procured by the party offering the deposition;

(C) that the witness cannot attend or testify because of age, illness, infirmity, or imprisonment;

(D) that the party offering the deposition could not procure the witness's attendance by subpoena; or

(E) on motion and notice, that exceptional circumstances make it desirable—in the interest of justice and with due regard to the importance of live testimony in open court—to permit the deposition to be used.

(5) Limitations on Use.

(A) Deposition Taken on Short Notice. A deposition must not be used against a party who, having received less than 14 days' notice of the deposition, promptly moved for a protective order under Rule 26(c)(1)(B) requesting that it not be taken or be taken at a different time or place—and this motion was still pending when the deposition was taken.

(B) Unavailable Deponent; Party Could Not Obtain an Attorney. A deposition taken without leave of court under the unavailability provision of Rule 30(a)(2)(A)(iii) must not be used against a party who shows that, when served with the notice, it could not, despite diligent efforts, obtain an attorney to represent it at the deposition.

(6) Using Part of a Deposition. If a party offers in evidence only part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with the part introduced, and any party may itself introduce any other parts.

(7) Substituting a Party. Substituting a party under Rule 25 does not affect the right to use a deposition previously taken.

(8) Deposition Taken in an Earlier Action. A deposition lawfully taken and, if required, filed in any court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action. A deposition previously taken may also be used as allowed by the Rules of Evidence.

(b) Objections to Admissibility. Subject to Rules 28(b) and 32(d)(3), an objection may be made at a hearing or trial to the admission of any deposition testimony that would be inadmissible if the witness were present and testifying.

(c) Form of Presentation. Unless the court orders otherwise, a party must provide a transcript of any deposition testimony the party offers, but may provide the court with the testimony in non-transcript form as well.

(d) Waiver of Objections.

(1) To the Notice. An objection to an error or irregularity in a deposition notice is waived unless promptly served in writing on the party giving the notice.

(2) To the Officer's Qualification. An objection based on disqualification of the officer before whom a deposition is to be taken is waived if not made:

(A) before the deposition begins; or

(B) promptly after the basis for disqualification becomes known or, with reasonable diligence, could have been known.

(3) To the Taking of the Deposition.

(A) Objection to Competence, Relevance, or Materiality. An objection to a deponent's competence—or to the competence, relevance, or materiality of testimony—is not waived by a failure to make the objection before or during the deposition, unless the ground for it might have been corrected at that time.

(B) Objection to an Error or Irregularity. An objection to an error or irregularity at an oral examination is waived if:

(i) it relates to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party's conduct, or other matters that might have been corrected at that time; and

(ii) it is not timely made during the deposition.

(C) Objection to a Written Question. An objection to the form of a written question under Rule 31 is waived if not served in writing on the party submitting the question within the time for serving responsive questions or, if the question is a recross-question, within 7 days after being served with it.

(4) To Completing and Returning the Deposition. An objection to how the officer transcribed the testimony—or prepared, signed, certified, sealed, endorsed, sent, or otherwise dealt with the deposition—is waived unless a motion to suppress is made promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known.

Rule 33. Interrogatories to Parties

(a) In General.

(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2).

(2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.

(b) Answers and Objections.

(1) Responding Party. The interrogatories must be answered:

(A) by the party to whom they are directed; or

(B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or agent, who must furnish the information available to the party.

(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

(3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.

(4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

(5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.

(c) Use. An answer to an interrogatory may be used to the extent allowed by the Rules of Evidence.

(d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:

(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and

(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

(a) In General. A party may serve on any other party a request within the scope of Rule 26(b):

(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:

(A) any designated documents or electronically stored information—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

(B) any designated tangible things; or

(2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

(b) Procedure.

(1) Contents of the Request. The request:

(A) must describe with reasonable particularity each item or category of items to be inspected;

(B) must specify a reasonable time, place, and manner for the inspection and for performing the related acts; and

(C) may specify the form or forms in which electronically stored information is to be produced.

(2) Responses and Objections.

(A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being served. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

(B) Responding to Each Item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons.

(C) Objections. An objection to part of a request must specify the part and permit inspection of the rest.

(D) Responding to a Request for Production of Electronically Stored Information. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form—or if no form was specified in the request—the party must state the form or forms it intends to use.

(E) Producing the Documents or Electronically Stored Information.

Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information:

(i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;

(ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and

(iii) A party need not produce the same electronically stored information in more than one form.

(c) Non-parties. As provided in Rule 45, a non-party may be compelled to produce documents and tangible things or to permit an inspection.

Rule 35. Physical and Mental Examinations

(a) Order for an Examination.

(1) In General. The court where the action is pending may order a party whose mental or physical condition—including blood group and DNA—is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.

(2) Motion and Notice; Contents of the Order. The order:

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and

(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.

(b) Examiner's Report.

(1) Request by the Party or Person Examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner's report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.

(2) Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions, and the results of any tests.

(3) Request by the Moving Party. After delivering the reports, the party who moved for the examination may request—and is entitled to receive—from the party against whom the examination order was issued like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them.

(4) Waiver of Privilege. By requesting and obtaining the examiner's report, or by deposing the examiner, the party examined waives any privilege it may have—in that action or any other action involving the same controversy— concerning testimony about all examinations of the same condition.

(5) Failure to Deliver a Report. The court on motion may order—on just terms—that a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner's testimony at trial.

(6) Scope. This subdivision (b) applies also to an examination made by the parties' agreement, unless the agreement states otherwise. This subdivision does not preclude obtaining an examiner's report or deposing an examiner under other rules.

Rule 36. Requests for Admission

(a) Scope and Procedure.

(1) Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to:

(A) facts, the application of law to fact, or opinions about either; and

(B) the genuineness of any described documents.

(2) Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.

(3) Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.

(4) Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.

(5) Objections. The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.

(6) Motion Regarding the Sufficiency of an Answer or Objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. Rule 37(a)(5) applies to an award of expenses.

(b) Effect of an Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16(e), the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.

Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

(a) Motion for an Order Compelling Disclosure or Discovery.

(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the moving party has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.

(2) (Reserved).

(3) Specific Motions.

(A) To Compel Disclosure. If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions.

(B) To Compel a Discovery Response. A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. This motion may be made if:

(i) a deponent fails to answer a question asked under Rule 30 or 31;

(ii) a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a)(4);

(iii) a party fails to answer an interrogatory submitted under Rule 33; or

(iv) a party fails to respond that inspection will be permitted—or fails to permit inspection—as requested under Rule 34.

(C) Related to a Deposition. When taking an oral deposition, the party asking a question may complete or adjourn the examination before moving for an order.

(4) Evasive or Incomplete Disclosure, Answer, or Response. For purposes of this subdivision (a), an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.

(5) Payment of Expenses; Protective Orders.

(A) If the Motion Is Granted (or Disclosure or Discovery Is Provided After Filing). If the motion is granted—or if the disclosure or requested discovery is provided after the motion was filed—the court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, or both to pay the moving party's reasonable expenses incurred in making the motion, including attorney's fees. But the court must not order this payment if:

(i) the moving party filed the motion before attempting in good faith to obtain the disclosure or discovery without court action;

(ii) the opposing party's non-disclosure, response, or objection was substantially justified; or

(iii) other circumstances make an award of expenses unjust.

(B) If the Motion Is Denied. If the motion is denied, the court may issue any protective order authorized under Rule 26(c) and must, after giving an opportunity to be heard, require the moving party, the attorney filing the motion, or both to pay the party or deponent who opposed the motion its reasonable expenses incurred in opposing the motion, including attorney's fees. But the court must not order this payment if the motion was substantially justified or other circumstances make an award of expenses unjust.

(C) If the Motion Is Granted in Part and Denied in Part. If the motion is granted in part and denied in part, the court may issue any protective order authorized under Rule 26(c) and may, after giving an opportunity to be heard, apportion the reasonable expenses for the motion.

(b) Failure to Comply with a Court Order.

(1) Sanctions Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.

(2) Sanctions Where the Action Is Pending.

(A) For Not Obeying a Discovery Order. If a party or a party's officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may issue further just orders. They may include the following:

(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;

(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;

(iii) striking pleadings in whole or in part;

(iv) staying further proceedings until the order is obeyed;

(v) dismissing the action or proceeding in whole or in part;

(vi) rendering a default judgment against the disobedient party; or

(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.

(B) For Not Producing a Person for Examination. If a party fails to comply with an order under Rule 35(a) requiring it to produce another person for examination, the court may issue any of the orders listed in Rule 37(b)(2)(A)(i) to (vi), unless the disobedient party shows that it cannot produce the other person.

(C) Payment of Expenses. Instead of or in addition to the orders above, the court must order the disobedient party, the attorney advising that party, or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust.

(c) Failure to Disclose, to Supplement an Earlier Response, or to Admit.

(1) Failure to Disclose or Supplement. If a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless. In addition to or instead of this sanction, the court, on motion and after giving an opportunity to be heard:

(A) may order payment of the reasonable expenses, including attorney's fees, caused by the failure;

(B) (reserve); and

(C) may impose other appropriate sanctions, including any of the orders listed in Rule 37(b)(2)(A)(i) to (vi).

(2) Failure to Admit. If a party fails to admit what is requested under Rule 36 and if the requesting party later proves a document to be genuine or the matter true, the requesting party may move that the party who failed to admit pay the reasonable expenses, including attorney's fees, incurred in making that proof. The court must so order unless:

(A) the request was held objectionable under Rule 36(a);

(B) the admission sought was of no substantial importance;

(C) the party failing to admit had a reasonable ground to believe that it might prevail on the matter; or

(D) there was other good reason for the failure to admit.

(d) Party's Failure to Attend Its Own Deposition, Serve Answers to Interrogatories, or Respond to a Request for Inspection.

(1) In General.

(A) Motion; Grounds for Sanctions. The court where the action is pending may, on motion, order sanctions if:

(i) a party or a party's officer, director, or managing agent—or a person designated under Rule 30(b)(6) or 31(a)(4)—fails, after being served with proper notice, to appear for that person's deposition; or

(ii) a party, after being properly served with interrogatories under Rule 33 or a request for inspection under Rule 34, fails to serve its answers, objections, or written response.

(B) Certification. A motion for sanctions for failing to answer or respond must include a certification that the moving party has in good faith conferred or attempted to confer with the party failing to act in an effort to obtain the answer or response without court action.

(2) Unacceptable Excuse for Failing to Act. A failure described in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was objectionable, unless the party failing to act has a pending motion for a protective order under Rule 26(c).

(3) Types of Sanctions. Sanctions may include any of the orders listed in Rule 37(b)(2)(A)(i) to (vi). Instead of or in addition to these sanctions, the court must require the party failing to act, the attorney advising that party, or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust.

(e) Failure to Provide Electronically Stored Information. Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.

(f) Failure to Participate in Framing a Discovery Plan. If a party or its attorney fails to participate in good faith in developing and submitting a proposed discovery plan as required by Rule 26(f), the court may, after giving an opportunity to be heard, require that party or attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure.

TITLE VI. TRIALS

Rule 38. Trial Procedure

(a) Order of Trial. The following will be the usual trial procedure which may be modified by the court to fit the circumstances of a particular case:

(1) Opening statement by plaintiff;

(2) Opening statement by defendant, unless defendant elects to make an opening statement after the conclusion of the plaintiff's case and before presenting evidence;

(3) An oath or affirmation must be administered by the presiding member of the court or by the clerk of the court to each witness before the witness begins to testify. The oath or affirmation shall be administered in the manner provided for by Rule 43(b);

(4) Oral examination of the plaintiff's witnesses in the manner outlined in paragraph (b) of this rule;

(5) Consideration by the court, either of its own initiative or upon motion of any party, of the question of whether the plaintiff has failed to introduce sufficient evidence to warrant any relief against a particular defendant. If the Court determines that sufficient evidence has not been introduced to warrant any relief against a particular defendant, it may order judgment for such defendant. Such motion, if denied, does not preclude or in any way prejudice the moving party's right to offer evidence thereafter;

(6) Opening statement by defendant, if defendant has not done so earlier;

(7) Examination of defendant's witnesses in the manner outlined in paragraph (b) of this rule;

(8) Examination of witnesses offered by the plaintiff (whether they have previously testified or not), in rebuttal of new matter introduced by the defendant;

(9) Closing argument for the plaintiff;

(10) Closing argument for the defendant; and

(11) Rebuttal argument for the plaintiff.

(b) Examination of Witnesses. Each witness will normally be examined first by the party who calls the witness, then cross examined by any opposing party upon the subject matter of the witness's examination in chief and the credibility of the witness. The party calling the witness may then re-examine the witness upon any matter appearing in the cross-examination or with the court's consent upon any other matter relevant to the issues being tried. The court may at any stage of the trial question any witness and may call or recall, any witness at any time, if the court considers it necessary in the interest of justice. Where there are more than two parties the trial court will determine the order in which the various parties will present their evidence and cross examine witnesses.

Rule 39. (Reserved)

Rule 40. Scheduling Cases for Trial
The court may place an action upon the trial calendar (1) without request of the parties or (2) upon request of a party and notice to the other parties or (3) in such other manner as the court deems appropriate. Precedence shall be given to actions entitled thereto by any statute or rule.

Rule 41. Dismissal of Actions

(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable statute, the plaintiff may dismiss an action without a court order by filing:

(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or

(ii) a stipulation of dismissal signed by all parties who have appeared.

(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.

(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.

(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, the court upon its own or upon motion by the defendant may dismiss the action or any claim against the defendant. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits. For purposes of this Rule, "fails to prosecute" includes without limitation the failure to take action for one year, which failure is reflected in the court's files, and the failure to apply for an entry of default and a default judgment within 60 days of the expiration of the time for the opposing party to respond and the opposing party has failed to respond. Dismissal for failure to move forward on a default shall be without prejudice.

(c) Dismissing a Counterclaim, Crossclaim, or Third-Party Claim. This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made:

(1) before a responsive pleading is served; or

(2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.

(d) Costs of a Previously Dismissed Action. If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court:

(1) may order the plaintiff to pay all or part of the costs of that previous action; and

(2) may stay the proceedings until the plaintiff has complied.

Rule 42. Consolidation; Separate Trials

(a) Consolidation. If actions before the court involve a common question of law or fact, the court may:

(1) join for hearing or trial any or all matters at issue in the actions;

(2) consolidate the actions; or

(3) issue any other orders to avoid unnecessary cost or delay.

(b) Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims.

Rule 43. Taking Testimony

(a) In Open Court. At trial, the witnesses' testimony must be taken in open court unless a statute, the Rules of Evidence, these rules, or other rules adopted by the court provide otherwise. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.

(b) Affirmation Instead of an Oath. When these rules require an oath, a solemn affirmation suffices.

(c) Evidence on a Motion. When a motion relies on facts outside the record, the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions.

(d) Interpreter. The court may appoint an interpreter of its choosing; fix reasonable compensation to be paid from funds provided by law or by one or more parties, if the interpreter is not an employee of the court; and tax the compensation as costs.

Rule 44. Proving an Official Record

(a) Means of Proving.

(1) Domestic Record. Each of the following evidences an official record—or an entry in it—that is otherwise admissible and is kept within the Republic:

(A) an official publication of the record; or

(B) a copy attested by the officer with legal custody of the record—or by the officer's deputy—and accompanied by a certificate that the officer has custody. The certificate must be made under seal:

(i) by a judge of a court of record where the record is kept; or

(ii) by any public officer with a seal of office and with official duties where the record is kept.

(2) Foreign Record.

(A) In General. Each of the following evidences a foreign official record— or an entry in it—that is otherwise admissible:

(i) an official publication of the record; or

(ii) the record—or a copy—that is attested by an authorized person and is accompanied either by a final certification of genuineness or by a certification under a treaty or convention to which the Republic and the country where the record is located are parties.

(B) Final Certification of Genuineness. A final certification must certify the genuineness of the signature and official position of the attester or of any foreign official whose certificate of genuineness relates to the attestation or is in a chain of certificates of genuineness relating to the attestation. A final certification may be made by a secretary of a Republic embassy or legation; by a consul general, vice consul, or consular agent of the Republic; or by a diplomatic or consular official of the foreign country assigned or accredited to the Republic.

(C) Other Means of Proof. If all parties have had a reasonable opportunity to investigate a foreign record's authenticity and accuracy, the court may, for good cause, either:

(i) admit an attested copy without final certification; or

(ii) permit the record to be evidenced by an attested summary with or without a final certification.

(b) Lack of a Record. A written statement that a diligent search of designated records revealed no record or entry of a specified tenor is admissible as evidence that the records contain no such record or entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For foreign records, the statement must comply with (a)(2)(C)(ii).

(c) Other Proof. A party may prove an official record—or an entry or lack of an entry in it—by any other method authorized by law.

Rule 44.1. Determining Foreign Law
A party who intends to raise an issue about a foreign country's law must give notice by a pleading or other writing. In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Rules of Evidence. The court's determination must be treated as a ruling on a question of law.

Rule 45. Subpoena

(a) In General.

(1) Form and Contents.

(A) Requirements—In General. Every subpoena must:

(i) state the court from which it issued;

(ii) state the title of the action, the court in which it is pending, and its civil-action number;

(iii) command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person's possession, custody, or control; or permit the inspection of premises; and

(iv) set out the text of Rule 45(c) and (d).

(B) Command to Attend a Deposition—Notice of the Recording Method. A subpoena commanding attendance at a deposition must state the method for recording the testimony.

(C) Combining or Separating a Command to Produce or to Permit Inspection; Specifying the Form for Electronically Stored Information. A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena commanding attendance at a deposition, hearing, or trial, or may be set out in a separate subpoena. A subpoena may specify the form or forms in which electronically stored information is to be produced.

(D) Command to Produce; Included Obligations. A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding party to permit inspection, copying, testing, or sampling of the materials.

(2) Issued from Which Court. A subpoena must issue as follows:

(A) for attendance at a hearing or trial, from the court where the hearing or trial is to be held;

(B) for attendance at a deposition, from the court where the deposition is to be taken; and

(C) for production or inspection, if separate from a subpoena commanding a person's attendance, from the court where the production or inspection is to be made.

(3) Issued by Whom. The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena as an officer of:

(A) a court in which the attorney is authorized to practice; or

(B) a court where a deposition is to be taken or production is to be made, if the attorney is authorized to practice in the court where the action is pending.

(b) Service.

(1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas. Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law. Fees and mileage need not be tendered when the subpoena issues on behalf of the Republic or any of its officers or agencies. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served, a notice must be served on each party.

(2) Proof of Service. Proving service, when necessary, requires filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server.

(c) Protecting a Person Subject to a Subpoena.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney's fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:

(i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the issuing court must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person—except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the Republic where the trial is held;

(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development, or commercial information;

(ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or

(iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(d) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:

(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form.

The person responding need not produce the same electronically stored information in more than one form.

(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A non-party's failure to obey must be excused if the subpoena purports to require the non-party to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).

Rule 46. Objecting to a Ruling or Order
A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.

Rule 47. (Reserved)

Rule 48. (Reserved)

Rule 49. (Reserved)

Rule 50. (Reserved)

Rule 51. (Reserved)

Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings

(a) Findings and Conclusions.

(1) In General. In an action tried in the High Court, the court, if a party so requests, must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion, a memorandum of decision, or a judgment filed by the court. Judgment must be filed under Rule 58.

(2) For an Interlocutory Injunction. In granting or refusing an interlocutory injunction, the court must, if a party so requests, similarly state the findings and conclusions that support its action.

(3) For a Motion. The court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion.

(4) Effect of a Master's Findings. A master's findings, to the extent adopted by the court, must be considered the court's findings.

(5) Questioning the Evidentiary Support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.

(6) Setting Aside the Findings. Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.

(b) Amended or Additional Findings. On a party's motion filed no later than 14 days after the filing of judgment, the court may amend its findings—or make additional findings—and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.

(c) Judgment on Partial Findings. If a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must, if a party so requests, be supported by findings of fact and conclusions of law as required by Rule 52(a).

(d) In Actions Tried in the District Court or a Community Court. In actions tried in the District Court or a Community Court, the court need not make any specific findings of fact or state its conclusions of law thereon, but need simply enter the appropriate judgment. In an action tried in the District Court or a Community Court, the court or any member of it may, in its or the judge's discretion, file as part of the record of the action a memorandum of decision incorporating such findings of fact, conclusions of law, or comments, as it or the judge believes will be helpful to a thorough understanding and just determination of the case upon review or appeal. Such a memorandum maybe filed either before or after a notice of appeal is filed.

Rule 53. Masters

(a) Appointment.

(1) Scope. The court in which any action is pending may appoint a special master therein. As used in these rules, the word "master" includes a referee, an auditor, an examiner, and an assessor. Unless a statute provides otherwise, a court may appoint a master only to:

(A) perform duties consented to by the parties;

(B) hold trial proceedings and make or recommend findings of fact on issues to be decided if appointment is warranted by:

(i) some exceptional condition; or

(ii) the need to perform an accounting or resolve a difficult computation of damages; or

(C) address pretrial and posttrial matters that cannot be effectively and timely addressed by an available judge.

(2) Disqualification. A master must not have a relationship to the parties, attorneys, action, or court that would require disqualification of a judge, unless the parties, with the court's approval, consent to the appointment after the master discloses any potential grounds for disqualification.

(3) Possible Expense or Delay. In appointing a master, the court must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.

(b) Order Appointing a Master.

(1) Notice. Before appointing a master, the court must give the parties notice and an opportunity to be heard. Any party may suggest candidates for appointment.

(2) Contents. The appointing order must direct the master to proceed with all reasonable diligence and must state:

(A) the master's duties, including any investigation or enforcement duties, and any limits on the master's authority under Rule 53(c);

(B) the circumstances, if any, in which the master may communicate ex parte with the court or a party;

(C) the nature of the materials to be preserved and filed as the record of the master's activities;

(D) the time limits, method of filing the record, other procedures, and standards for reviewing the master's orders, findings, and recommendations; and

(E) the basis, terms, and procedure for fixing the master's compensation under Rule 53(g).

(3) Issuing. The court may issue the order only after:

(A) the master files an affidavit disclosing whether there is any ground for disqualification; and

(B) if a ground is disclosed, the parties, with the court's approval, waive the disqualification.

(4) Amending. The order may be amended at any time after notice to the parties and an opportunity to be heard.

(c) Master's Authority.

(1) In General. Unless the appointing order directs otherwise, a master may:

(A) regulate all proceedings;

(B) take all appropriate measures to perform the assigned duties fairly and efficiently; and

(C) if conducting an evidentiary hearing, exercise the appointing court's power to compel, take, and record evidence.

(2) Sanctions. The master may by order impose on a party any non-contempt sanction provided by Rule 37 or 45, and may recommend a contempt sanction against a party and sanctions against a non-party.

(d) Master's Orders. A master who issues an order must file it and promptly serve a copy on each party. The clerk must enter the order on the docket.

(e) Master's Reports. A master must report to the court as required by the appointing order. The master must file the report and promptly serve a copy on each party, unless the court orders otherwise.

(f) Action on the Master's Order, Report, or Recommendations.

(1) Opportunity for a Hearing; Action in General. In acting on a master's order, report, or recommendations, the court must give the parties notice and an opportunity to be heard; may receive evidence; and may adopt or affirm, modify, wholly or partly reject or reverse, or resubmit to the master with instructions.

(2) Time to Object or Move to Adopt or Modify. A party may file objections to—or a motion to adopt or modify—the master's order, report, or recommendations no later than 21 days after a copy is served, unless the court sets a different time.

(3) Reviewing Factual Findings. The court must decide de novo all objections to findings of fact made or recommended by a master, unless the parties, with the court's approval, stipulate that:

(A) the findings will be reviewed for clear error; or

(B) the findings of a master appointed under Rule 53(a)(1)(A) or (C) will be final.

(4) Reviewing Legal Conclusions. The court must decide de novo all objections to conclusions of law made or recommended by a master.

(5) Reviewing Procedural Matters. Unless the appointing order establishes a different standard of review, the court may set aside a master's ruling on a procedural matter only for an abuse of discretion.

(g) Compensation.

(1) Fixing Compensation. Before or after judgment, the court must fix the master's compensation on the basis and terms stated in the appointing order, but the court may set a new basis and terms after giving notice and an opportunity to be heard.

(2) Payment. The compensation must be paid either:

(A) by a party or parties; or

(B) from a fund or subject matter of the action within the court's control.

(3) Allocating Payment. The court must allocate payment among the parties after considering the nature and amount of the controversy, the parties' means, and the extent to which any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to reflect a decision on the merits.

(h) Appointing a District or Community Court Judge. A District or Community Court judge is subject to this rule only when the order referring a matter to the District or Community Court judge states that the reference is made under this rule.

VII. JUDGMENT

(a) Definition; Form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master's report, or a record of prior proceedings.

(b) Judgment on Multiple Claims or Involving Multiple Parties. When an action presents more than one claim for relief—whether as a claim, counterclaim, crossclaim, or third-party claim—or when multiple parties are involved, the court may direct filing of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the filing of a judgment adjudicating all the claims and all the parties' rights and liabilities.

(c) Demand for Judgment; Relief to Be Granted. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.

(d) Costs; Attorney's Fees.

(1) Costs Other Than Attorney's Fees. Unless a statute, these rules, or a court order provides otherwise, costs—other than attorney's fees—should be allowed to the prevailing party. But costs against the Republic, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days' notice. On motion served within the next 7 days, the court may review the clerk's action.

(2) Attorney's Fees.

(A) Claim to Be by Motion. A claim for attorney's fees and related non-taxable expenses must be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages.

(B) Timing and Contents of the Motion. Unless a statute or a court order provides otherwise, the motion must:

(i) be filed no later than 14 days after the filing of judgment;

(ii) specify the judgment and the statute, rule, or other grounds entitling the moving party to the award;

(iii) state the amount sought or provide a fair estimate of it; and

(iv) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made.

(C) Proceedings. Subject to Rule 23(h), the court must, on a party's request, give an opportunity for adversary submissions on the motion in accordance with Rule 43(c). The court may decide issues of liability for fees before receiving submissions on the value of services. The court must find the facts and state its conclusions of law as provided in Rule 52(a).

Rule 54. Judgment; Costs

Rule 55. Default; Default Judgment

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. By affidavit the moving party must also establish that the particular defaulting party is not a minor or an incapacitated person. The affidavit may be executed by the attorney for the moving party on the basis of reasonable inquiry.

(b) Entering a Default Judgment.

(1) (Reserved).

(2) By the Court. A party entitled to a judgment by default must apply to the court for a default judgment. The motion for a default judgment must be supported by a verified pleading or an affidavit establishing the amount of damages and interest, if any, for which judgment is being sought. The affidavit must be executed by a person with knowledge of the damages and the basis therefor. If attorney fees are requested, the moving party must file an affidavit demonstrating that the defaulting party agreed to pay attorney fees or that they are provided by statute; that they have been paid or incurred; and that they are reasonable. See, General Order 2005-001 regarding attorneys fees. The affidavit regarding attorneys fees may be executed by the attorney for the moving party. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(C) establish the truth of any allegation by evidence; or

(D) investigate any other matter.

(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).

(d) Judgment Against the Republic. A default judgment may be entered against the Republic, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

Rule 56. Summary Judgment

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

(b) Time to File a Motion. Unless the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.

(c) Procedures.

(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:

(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.

(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.

(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

(d) When Facts Are Unavailable to the Non-moving Party. If a non-moving party shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to take discovery; or

(3) issue any other appropriate order.

(e) Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by Rule 56(c), the court may:

(1) give an opportunity to properly support or address the fact;

(2) consider the fact undisputed for purposes of the motion;

(3) grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the moving party is entitled to it; or

(4) issue any other appropriate order.

(f) Judgment Independent of the Motion. After giving notice and a reasonable time to respond, the court may:

(1) grant summary judgment for a non-moving party;

(2) grant the motion on grounds not raised by a party; or

(3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.

(g) Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact—including an item of damages or other relief—that is not genuinely in dispute and treating the fact as established in the case.

(h) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court—after notice and a reasonable time to respond—may order the submitting party to pay the other party the reasonable expenses, including attorney's fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.

Rule 57. Declaratory Judgment
These rules govern the procedure for obtaining a declaratory judgment under 30 MIRC §202. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.

Rule 58. Entering Judgment
Subject to the provisions of Rule 54(b), upon a decision by the court granting or denying relief, the court shall promptly file the judgment (be it labeled a judgment, decree, order, or otherwise). The filing of the judgment constitutes entry of judgment. The judgment is effective upon filing. Filing shall not be delayed for the taxing of costs. Counsel shall not submit forms of judgment except upon direction of the court.

Rule 59. New Trial; Altering or Amending a Judgment or a Decision

(a) In General.

(1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues—and to any party—as follows:

(A) (reserved)

(B) after a trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in court.

(2) Further Action After Trial. After a trial, the court may, on motion for a new trial, open the judgment if one has been filed, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the filing of a new judgment.

(b) Time to File a Motion for a New Trial. A motion for a new trial must be filed no later than 14 days after the judgment is filed.

(c) Time to Serve Affidavits. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court may permit reply affidavits.

(d) New Trial on the Court's Initiative or for Reasons Not in the Motion. No later than 14 days after the judgment is filed, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.

(e) Motion to Alter or Amend a Judgment or a Decision. A motion to alter or amend a judgment or a decision must be filed no later than 14 days after the filing of the judgment or the decision. The opposing party has 14 days after being served to file a response.

(f) Disposition of Motions. The court within 28 days of the filing of a motion for a new trial or to alter or amend a judgment or a decision is to either grant or deny such motion. The failure of the court to act within the 28 days constitutes a denial, except as ordered by the court. If a motion to alter or amend a judgment or a decision is granted, the court may modify the judgment or decision without new argument, order new argument, or take such other action as may be appropriate.

(g) Only One Motion Permitted. Only one motion for a new trial or to alter or amend a judgment or a decision may be filed by any one party, even if the court modifies or changes the language in its judgment or decision.

Rule 60. Relief from a Judgment or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the filing of the judgment or order or the date of the proceeding.

(2) Effect on Finality. The motion does not affect the judgment's finality or suspend its operation.

(d) Other Powers to Grant Relief. This rule does not limit a court's power to:

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2) grant relief under 29 MIRC Chp. 1, Sec. 111, to a defendant who was not personally notified of the action; or

(3) set aside a judgment for fraud on the court.

(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

(f) Disposition of Motion. The opposing party has 14 days after being served with a motion under this rule to file a response. The court within 28 days of the filing of a motion shall either grant or deny such motion. The failure of the court to act within the 28 days constitutes a denial, except as ordered by the court. If a motion is granted, the court may modify its decision without new argument, order new argument, or take such other action as may be appropriate.

(g) Only One Motion Permitted. Only one motion for relief from a judgment, order, or proceeding may be filed by any one party, even if the court modifies or changes the language its decision in its judgment, order, or proceeding.

Rule 61. Harmless Error
Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party's substantial rights.

Rule 62. Stay of Proceedings to Enforce a Judgment

(a) Automatic Stay; Exceptions for Injunctions, Receiverships, and Patent Accountings. Except as stated in this rule, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 30 days have passed after its filing. But unless the court orders otherwise, the following are not stayed after being entered, even if an appeal is taken:

(1) an interlocutory or final judgment in an action for an injunction or a receivership; or

(2) a judgment or order that directs an accounting in an action for patent infringement.

(b) Stay Pending the Disposition of a Motion. On appropriate terms for the opposing party's security, the court may stay the execution of a judgment—or any proceedings to enforce it—pending disposition of any of the following motions:

(1) (reserved);

(2) under Rule 52(b), to amend the findings or for additional findings;

(3) under Rule 59, for a new trial or to alter or amend a judgment; or

(4) under Rule 60, for relief from a judgment or order.

(c) Injunction Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants, dissolves, or denies an injunction, the court may suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure the opposing party's rights. If the judgment appealed from is rendered by a three judge panel of the High Court specially constituted pursuant to Article VI, Section 3(2) of the Constitution, the order must be made either:

(1) by that court sitting in open session; or

(2) by the assent of all its judges, as evidenced by their signatures.

(d) Stay with Bond on Appeal. If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in Rule 62(a)(1) or (2). The bond may be given upon or after filing the notice of appeal or after obtaining the order allowing the appeal. The stay takes effect when the court approves the bond.

(e) Stay Without Bond on an Appeal by the Republic, a Local Government, Their Officers, or Their Agencies. The court must not require a bond, obligation, or other security from the appellant when granting a stay on an appeal by the Republic, a local government, their officers, or their agencies or on an appeal directed by a department of the national or a local government.

(f) (Reserved).

(g) Appellate Court's Power Not Limited. This rule does not limit the power of the appellate court or one of its judges or justices:

(1) to stay proceedings—or suspend, modify, restore, or grant an injunction—while an appeal is pending; or

(2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.

(h) Stay with Multiple Claims or Parties. A court may stay the enforcement of a final judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.

Rule 63. Judge's Inability to Proceed
If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. In a hearing or a trial, the successor judge must, at a party's request, recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness.

TITLE VIII. PROVISIONAL AND FINAL REMEDIES

Rule 64. (Reserved)

Rule 65. Injunctions and Restraining Orders

(a) Preliminary Injunction.

(1) Notice. The court may issue a preliminary injunction only on notice to the adverse party.

(2) Consolidating the Hearing with the Trial on the Merits. Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial.

(b) Temporary Restraining Order.

(1) Issuing Without Notice. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:

(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the moving party before the adverse party can be heard in opposition; and

(B) the moving party's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.

(2) Contents; Expiration. Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk's office and entered in the record. The order expires at the time after filing—not to exceed 14 days—that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.

(3) Expediting the Preliminary-Injunction Hearing. If the order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order.

(4) Motion to Dissolve. On 2 days' notice to the party who obtained the order without notice—or on shorter notice set by the court—the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.

(c) Security. The court may issue a preliminary injunction or a temporary restraining order only if the moving party gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. The Republic, a local government, their officers, and their agencies are not required to give security.

(d) Contents and Scope of Every Injunction and Restraining Order.

(1) Contents. Every order granting an injunction and every restraining order must:

(A) state the reasons why it issued;

(B) state its terms specifically; and

(C) describe in reasonable detail—and not by referring to the complaint or other document—the act or acts restrained or required.

(2) Persons Bound. The order binds only the following who receive actual notice of it by personal service or otherwise:

(A) the parties;

(B) the parties' officers, agents, servants, employees, and attorneys; and

(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B).

Rule 65.1. Proceedings Against a Surety
Whenever these rules require or allow a party to give security, and security is given through a bond or other undertaking with one or more sureties, each surety submits to the court's jurisdiction and irrevocably appoints the court clerk as its agent for receiving service of any papers that affect its liability on the bond or undertaking. The surety's liability may be enforced on motion without an independent action. The motion and any notice that the court orders may be served on the court clerk, who must promptly mail a copy of each to every surety whose address is known.

Rule 66. Receivers
These rules govern an action in which the appointment of a receiver is sought or a receiver sues or is sued. An action in which a receiver has been appointed may be dismissed only by court order.

Rule 67. Deposit into Court

(a) Depositing Property. If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, a party—on notice to every other party and by leave of court—may deposit with the court all or part of the money or thing, whether or not that party claims any of it. The depositing party must deliver to the clerk a copy of the order permitting deposit.

(b) Investing and Withdrawing Funds. The money must be deposited in an interest-bearing account or invested in a court-approved, interest-bearing instrument.

Rule 68. Offer of Judgment

(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.

(b) Unaccepted Offer. An unaccepted offer is considered withdrawn, but it does not preclude a later offer. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs.

(c) Offer After Liability Is Determined. When one party's liability to another has been determined but the extent of liability remains to be determined by further proceedings, the party held liable may make an offer of judgment. It must be served within a reasonable time—but at least 14 days—before the date set for a hearing to determine the extent of liability.

(d) Paying Costs After an Unaccepted Offer. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.

Rule 69. Execution
Process to enforce a judgment for the payment of money shall be by writ of execution or order in aid of judgment, as may be directed by court. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with 30 MIRC Ch. 1.

Rule 70. Enforcing a Judgment for a Specific Act

(a) Party's Failure to Act; Ordering Another to Act. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be done—at the disobedient party's expense—by another person appointed by the court. When done, the act has the same effect as if done by the party.

(b) Vesting Title. If the real or personal property is within the Republic, the court—instead of ordering a conveyance—may enter a judgment divesting any party's title and vesting it in others. That judgment has the effect of a legally executed conveyance.

(c) Obtaining a Writ of Attachment or Sequestration. On application by a party entitled to performance of an act, the the court may issue a writ of attachment or sequestration against the disobedient party's property to compel obedience.

(d) Obtaining a Writ of Execution or Assistance. On application by a party who obtains a judgment or order for possession, the court may issue a writ of execution or assistance.

(e) Holding in Contempt. The court may also hold the disobedient party in contempt.

Rule 71. Enforcing Relief for or Against a Non-party
When an order grants relief for a non-party or may be enforced against a non-party, the procedure for enforcing the order is the same as for a party.

TITLE IX. SPECIAL PROCEEDINGS

Rule 71.1. (Reserved)

Rule 72. (Reserved)

Rule 73. (Reserved)

Rule 74. Eligibility to Register for Citizenship

(a) Application. These rules are applicable to proceedings for eligibility to register for citizenship.

(b) Verified Petition. A civil action for eligibility to register for citizenship shall be commenced by the filing of a verified petition by one or more petitioners, which petitioners shall serve a copy of the petition on the Attorney-General with a summons.

(c) Service and Affidavit of Readiness. With the petition, the petitioner also shall file with the court and serve on the Attorney-General an affidavit of readiness confirming that the petitioner has filed with the court the following documents:

(A) A Police Clearance Report issued with respect to the petitioner within the past 90 days by the Marshall Islands Police Department;

(B) A Police Clearance Report issued with respect to the petitioner within the past 90 by the local government police department where the petitioner resides;

(C) A Medical Clearance Form issued by the Marshall Islands Ministry of Health within 90 days showing that the petitioner has no untreated communicable diseases;

(D) A visa and entry permit issued by the Marshall Islands Department of Immigration showing that the petitioner is, and for 90 days shall be, authorized to be in the Republic, or documentary evidence that the petitioner has timely made application to the Department of Immigration for a visa and entry permit and that the application has not been acted upon;

(E) If the petitioner is employed in the Marshall Islands, documentary evidence issued by the Marshall Islands Department of Labor showing that the petitioner is, and for 90 days shall be, authorized to work in the Republic, or documentary evidence that the petitioner has timely made application to the Department of Labor for a work permit and that the application has not been acted upon;

(F) If the petitioner owns and operates a business in the Marshall Islands, documentary evidence issued by the National Government Department of Revenue and Taxation, by the Marshall Islands Social Security Administration, and by the local government where the petitioner owns and operates a business showing that the petitioner is current on the payment of taxes, contributions, and other assessments, or documentary evidence that the petitioner has timely requested confirmation of tax compliance and the request has not been acted upon; and

(G) All other documents relevant to the petition (that is, for a petition based upon having a child that is a citizen of the Republic, the child's Marshall Islands passport and evidence that the petitioner has lawfully resided in the Republic for three or more years; for a petition based upon land rights, evidence of land rights in the Republic; and for a petition based upon descent, evidence of Marshallese descent and "interest of justice");

(d) Motion for Hearing. With the petition and the affidavit, the petitioner also shall file and serve a motion for a hearing on the petition and a draft scheduling order for the court that contains the following language:

(A) Pursuant to Section 410(2) of the Citizenship Act 1984, the Republic shall file with the court and serve on counsel for the petitioner within 60 days of the date of this order either the Cabinet's or the Minister's "certificate stating whether in the opinion of the Cabinet such person is a fit and proper person to be registered as a citizen in the interests of national security"; and

(B) Setting all other matters aside the petitioner, counsel for the petitioner, if any, and counsel for the Government shall appear before the undersigned at __________ a.m./p.m. on ____________________, 20_____, for a hearing on the petition.

Rule 75. Judicial Disqualification.

(a) Grounds for Disqualification. Under Article VI, Section 1(6) of the Constitution, "No judge shall take part in the decision of any case in which that judge has previously played a role or with respect to which he is otherwise disabled by any conflict of interest." See also 27 MIRC 267; and Application 2.5 of the Marshall Islands Code of Judicial Conduct. Accordingly, a judge shall disqualify himself or herself from participating in any proceedings in which the judge is unable to decide the matter impartially or in which it may appear to a reasonable observer that the judge is unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where

(1) the judge has actual bias or prejudice concerning a party or lawyer or personal knowledge of disputed evidentiary facts concerning the proceedings, other than that of any other member of the public;

(2) the judge previously served as a lawyer or was a material witness in the matter in controversy;

(3) the judge has, or knows that a member of the judge's family has, a pecuniary or proprietary interest in the outcome of the matter in controversy that is other than de minimis or that is other than that of any other member of the public;

(4) the judge's ruling in a lower court is the subject of review; or

(5) the judge is related within the third degree, either by consanguinity or affinity, to a party, lawyer, or material witness.

Provided that disqualification of a judge shall not be required if constituting another tribunal to deal with the case is not practical or, because of urgent circumstances, failure to act could lead to a serious miscarriage of justice. Disqualification shall also not be required, other than for actual bias, if after the basis of disqualification is disclosed on the record, all parties and lawyers, independent of the judge's participation, agree in writing that the reason for the potential disqualification is immaterial or unsubstantial. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings.

Provided, further, that disqualification of a judge shall not be required merely because a lawyer or party files against the judge a motion for disqualification, a complaint to the Judicial Service Commission, a lawsuit, or the like.

(b) Procedure. A party in a particular case or proceeding may, under the grounds set forth above in paragraph (a) for disqualification, move to disqualify the judge presiding in the matter.

(1) Motions. All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be timely filed, in writing, and all evidence thereon shall be presented by accompanying affidavit(s) which shall fully assert the facts upon which the motion is founded. Filing and presentation to the judge shall be not later than seven days after the affiant first learned of the alleged grounds for disqualification, and not later than 14 days prior to the hearing or trial which is the subject of disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding.

(2) Affidavit. The affidavit shall clearly state the facts and reasons for belief that grounds for disqualification exists, being definite and specific as to time, place, persons and circumstances which demonstrate the alleged grounds. Allegations consisting of bare conclusions and opinions shall not be legally sufficient to support the motion or warrant further proceedings. Notwithstanding the generality of the above, where the motion alleges bias or prejudice exists, the affidavit shall clearly state the facts and reasons for belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances of extra judicial conduct or statements, which demonstrate either bias in favor of any adverse party, or prejudice toward the moving party in particular, or a systematic pattern of prejudicial conduct toward persons similarly situated to the moving party, which would influence the judge and impede or prevent impartiality in that action. An adverse ruling, even if erroneous, or a failure to rule is not sufficient to establish bias or prejudice requiring the disqualification of a judge. Alleged errors of law or procedure are legal issues subject to appeal and are not grounds of disqualification.

(3) Duty of Challenged Judge. When a judge is presented with a motion to recuse, or disqualify, accompanied by an affidavit, the judge shall temporarily cease to act upon the merits of the matter and shall immediately determine the timeliness of the motion and the legal sufficiency of the affidavit, and make a determination, assuming any of the facts (other than bare conclusions and opinions) alleged in the affidavit to be true, whether disqualification would be warranted. If it is found that the motion is timely, the affidavit sufficient, and that disqualification would be authorized if some or all of the facts set forth in the affidavit (other than bare conclusions and opinions) are true, another judge shall be assigned to hear the motion to recuse. The allegations of the motion shall stand denied automatically. The challenged judge shall be presumed to be unbiased and unprejudiced. The judge shall not otherwise oppose the motion.

(4) Selection of Judge. The motion shall be assigned for hearing to another judge, who shall be selected by the Chief Justice of the High Court, or if the Chief Justice of the High Court is the one against whom the motion is filed, then the next most senior High Court justice against whom the motion is not filed. If the motion is against all the permanent justices of the High Court, then the Chief Justice of the Supreme Court shall hear the motion. If the motion is against all permanent justices of the Supreme Court and the High Court, then the Chief Justice of the High Court shall, under the rule of necessity, hear the motion. If the motion is sustained, the selection of a judge to hear the case shall follow the same procedure as outlined above.

(5) Findings and Ruling. The judge assigned may consider the motion solely upon the affidavits, but may, in the exercise of discretion, convene an evidentiary hearing. There is a strong presumption that the challenged judge is unbiased and unprejudiced. After consideration of the evidence, the judge assigned shall rule on the merits of the motion and shall make written findings and conclusions. If the motion is sustained, the selection of another judge to hear the case shall follow the same procedure as established in paragraph (b)(4) above. Any determination of disqualification shall not be competent evidence in any other case or proceedings.

(c) Waiver. A party waives disqualification of a judge by

(1) failing timely to object or move for disqualification;

(2) withdrawing a disqualification motion;

(3) failing to follow the requisite procedures for recusal or disqualification;

(4) participating in the proceedings (e.g., temporary retaining order proceedings, preliminary injunction proceeding, preliminary hearings, and plea hearings); and

(5) acquiescing in or requesting the judge to act in a judicial capacity under certain circumstances.

(d) Voluntary Disqualification. If a judge, either on the motion of one of the parties or the judge's own motion, voluntarily disqualifies, another judge, selected by the procedure set forth in paragraph (b)(4) above, shall be assigned to hear the matter involved. A voluntary disqualification shall not be construed as either an admission or denial to any allegations which have been set out in the motion.

(e) Duty to Hear and Decide Matters. It is the duty of a judge to hear and decide matters assigned to the judge, except when disqualification is required. See Application 6.5 of the Marshall Islands Code of Judicial Conduct.

Rule 76. Small Claims.

(a) Applicability. The District Court may consider under this small claims procedure any civil action within its jurisdiction involving a claim for one thousand dollars or less exclusive of interest and costs, or for property to the value of one thousand dollars or less, exclusive of interest and costs.

(b) Nature and Purpose. This procedure is to enable small claims to be justly decided and fully disposed of with less formality, paper work, and expenditure of time than is required by the ordinary procedure for larger claims. Parties are to be encouraged to handle small claims personally without counsel, and judges and clerk are expected to aid the parties in doing this. The pleadings, the actions of the court, and any payments received or reports from a party of payments received by that party shall be noted under the proper date on a small claims docket card for each case. The entries on the docket card shall ordinarily constitute the entire record and no further information need be recorded or kept except as expressly directed for small claims.

(c) Pleadings. The plaintiff (or counsel) shall state the nature and amount of the plaintiff's claim to the clerk, who shall reduce it to writing very briefly on the docket card under the date the statement is made and have it signed by the plaintiff (or counsel). This signed statement shall constitute the complaint and no other written pleading shall be required of any party unless the court otherwise orders in a particular case for special cause.

(d) Small Claims Summons; Return Day. Upon the signing of a claim on the small claims docket as provided in paragraph (c) above, the clerk (or a judge) of the court shall issue and deliver to the plaintiff (or plaintiff's counsel) a small claims summons in duplicate, returnable at a time and place therein stated, which shall be not less than 7 days after the time the plaintiff estimates service will be made on the defendant. One of these copies is to be served on the defendant not less than 7 days before the return day. The other copy is to be returned to the clerk on or before the return day with the return of service endorsed on it (unless the defendant personally, or by counsel, appears before the court at the time the summons is returned). If the plaintiff is acting without counsel, the clerk (or judge) issuing the summons will instruct the plaintiff how the summons shall be served and return of service made, unless it is clear the plaintiff already understands this, and shall impress upon the plaintiff that the plaintiff also must appear personally, or by counsel, at the time and place stated in the summons and should bring any records or other documents that the believes will support plaintiff's claim. The summons, with return of service endorsed on it, is to be attached to the docket card and preserved, unless and until the defendant appears before the court personally, or by counsel, after which it may be destroyed.

(e) Trial. A trial shall be held on the return day, unless good cause is shown for delaying it, or the parties agree upon judgment or have settled the claim.

(f) Conduct of Trial. Immediately prior to trial the judge shall ask the defendant or defense counsel to state any defense the defendant may have and shall note, or cause the clerk to note, on the docket card the substance of the defendant's position with regard to the claim. The judge shall then proceed to make an earnest effort to help the parties reach settlement without trial, or, failing that, to agree upon as many of the issues as possible as at a pretrial conference, but no pretrial order will be required. If the claim, or any counter-claim made, involves a number of items, the judge may require either party making such claim to present to the court and to the opposing party a written list of the items claimed, showing their respective dates and amounts. If no settlement has been reached, the judge shall then proceed with hearing on the points in dispute informally in such a manner as to do substantial justice between the parties as promptly as practicable. Witnesses shall be sworn, but the court shall not be bound by the usual rules of procedure or evidence, except those concerning privileged communications and the right against self incrimination. It is expected that most of the questioning will be done by the judge.

(g) Default. If a defendant who has been served 7 days or more before the return day fails to appear personally, or by counsel, judgment may be entered by default where the claim is for a clearly determined amount of money, or on proof by the plaintiff of the amount due if the claim is for damages or any amount that is not clearly determined. If the plaintiff fails to appear personally, or by counsel, the action may be dismissed for want of prosecution, or the defendant may proceed to trial on the merits, or the action may be continued, as the court may direct. If both parties fail to appear, the judge may order the action dismissed for want of prosecution, or make any other disposition thereof that justice may require.

(h) Orders in Aid of Judgment. As soon as the amount due has been determined, judgment shall be entered on the docket card, and the judge shall, as a matter of course, inquire how soon the amount due can be paid, and whether either party desires an order in aid of judgment. If either party requests an order in aid of judgment, and the opposite party (or counsel) is present, the judge shall notify the parties that the judge will hold a hearing on the application immediately, unless good cause is shown for delaying the hearing. The judge shall then proceed as upon any application for an order in aid of judgment. If neither the opposite party nor counsel is present, the judge shall set a time and place for hearing on the application for enough in advance to give the opposite party a reasonable opportunity to attend, shall direct such notice to the opposite party as the judge deems best, and proceed to that time and place as above provided.

(i) New Trial. Either party to a small claims judgment may have a new trial in the same court according to the usual trial procedure for larger claims by filing a request for new trial within 30 days after the small claims judgment.

(j) Other Procedure. All matters in small claims proceedings which are not covered by this Rule shall be governed by the ordinary rules of civil procedure.

TITLE X. HIGH COURT, DISTRICT COURTS AND CLERKS

Rule 77. Conducting Business; Clerk's Authority; Notice of an Order or Judgment

(a) When High Court and District Court Are Open. The High Court and the District Court are considered always open for filing any paper, issuing and returning process, making a motion, or entering an order.

(b) Place for Trial and Other Proceedings. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may be done or conducted by a judge in chambers, without the attendance of the clerk or other court official, and anywhere inside or outside the Republic. But no hearing—other than one ex parte—may be conducted outside the Republic unless all the affected parties consent.

(c) Clerk's Office Hours; Clerk's Orders.

(1) Hours. The clerk's office—with a clerk or deputy on duty—must be open during business hours, from 08:00 to 12:00 and from 13:00 to 17:00, every day except Saturdays, Sundays, and legal holidays.

(2) Orders. Subject to the court's power to suspend, alter, or rescind the clerk's action for good cause, the clerk may:

(A) issue process;

(B) enter a default;

(C) (reserved); and

(D) act on any other matter that does not require the court's action.

(d) Serving Notice of an Order or Judgment.

(1) Service. Immediately after the filing of an order or judgment, the clerk must serve notice of the entry or a copy of the order or judgment, as provided in Rule 5(b), on each party who is not in default for failing to appear. The clerk may serve the notice of the entry or a copy of the order or judgment electronically, in which case service is completed upon transmission; provided, the clerk does not receive notice from the messaging program of transmission failure. It is the responsibility of counsel to provide the court with a current and accurate email address. See, Rule 6, Rules for Admission to and for the Practice of Law. The clerk must record the service on the docket. A party also may serve notice of the entry or a copy of the order or judgment as provided in Rule 5(b).

(2) Time to Appeal Not Affected by Lack of Notice. Lack of notice of the entry or service of a copy of the order or judgment does not affect the time for appeal or relieve—or authorize the court to relieve—a party for failing to appeal within the time allowed.

Rule 78. Court Officers as Sureties
No justice, judge, clerk of courts, court reporter, attorney practicing before the courts, or trial assistant shall be accepted as surety in any case or proceeding pending in any court of the Republic.

Rule 79. Records Kept by the Clerk

(a) Civil Docket.

(1) In General. The Chief Clerk of the Courts 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. Each entry must briefly show the nature of the paper filed or writ issued, the substance of each proof of service or other return, and the substance and date of entry or filing of each order and judgment. All orders and judgments filed with the court shall be deemed entered with the court.

(b) Civil Judgments and Orders. The clerk must keep a copy of every final judgment and appealable order; of every order affecting title to or a lien on real or personal property; and of any other order that the court directs to be kept.

(c) Indexes; Calendars. The clerk must:

(1) keep indexes of the docket and of the judgments and orders described in Rule 79(b); and

(2) prepare calendars of all actions ready for trial.

(d) Other Records. The clerk must keep any other records required as may be required from time to time by the Chief Justice of the High Court.

Rule 80. Verbatim Record or Transcript as Evidence
Whenever the testimony of a witness at a trial or hearing which was recorded is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who recorded the testimony.

TITLE XI. GENERAL PROVISIONS

Rule 81. Applicability in General

(a) These rules are applicable to proceedings for citizenship by registration to the extent that they do not conflict with any statute governing such proceedings including 43 MIRC Chp. 4. A civil action for a citizenship by registration shall be commenced by the filing of a verified petition by one or more petitioners, which petitioners shall serve a copy of the petition on the Attorney-General.

(b) These rules are applicable to declaratory judgments to the extent that they do not conflict with any statute governing such proceedings including 30 MIRC Ch. 2, Part II. A civil action for a declaratory judgment shall be commenced by the filing of a petition.

(c) There rules are applicable to writs of habeas corpus to the extent that they do not conflict with any statute governing such proceedings including 30 MIRC Chp. 2, Part III. A civil action for a writ of habeas corpus shall be commenced by the filing of an application under oath by the person for whom relief is intended or some person on his behalf.

(d) These rules are applicable to probate proceedings to the extent that they do not conflict with any statute governing such proceedings including the Probate Code, 25 MIRC Chp. 1, and any rules promulgated with respect thereto. A probate proceeding shall be referred to not as a "civil action" but as a "probate action." A probate action shall be commenced by the filing of verified petition by one or more petitioners.

(e) These rules are applicable to guardianship proceedings to the extent that they do not conflict with any statute governing such proceedings including the Marshall Islands Guardianship Act 1984, 25 MIRC Chp. 2, and any rules promulgated with respect thereto. A civil action for a guardianship shall be commenced by the filing of a verified petition by one or more petitioners.

(f) These rules are applicable to legal adoptions under the Adoption Act, 2002, P.L. 2002-64, to the extent that they do not conflict with any statute governing such proceedings including the Adoption Act, 2002, P.L. 2002-64, and any rules promulgated with respect thereto. A civil action for a legal adoption shall be commenced by the filing of a verified petition by one or more petitioners.

(g) A civil action for confirmation of a customary marriage, annulment, divorce, or adoption shall be commenced by the filing of a verified petition by one or more petitioners.

(h) A civil action for an annulment or divorce shall be commenced by the filing of a verified petition by one or more petitioners, except that a Community Court may accept an oral petition under oath if it deems best.

(i) These rules do not apply to juvenile proceedings under Juvenile Procedure Act, 26 MIRC Chp. 3.

(j) These rules do not apply to the late registration of birth and deaths under Sections 414 and 425, respectively of the Births, Deaths and Marriages Registration Act 1988, 26 MIRC 4.

Rule 82. Jurisdiction and Venue Unaffected
These rules shall not be construed to extend or limit the jurisdiction of the High Court, the District Court or a Community Court or to extend or limit the venue of actions in a Community Court.

Rule 83. Form of Pleadings and Motions.

(a) General. Unless otherwise approved by the court, all pleadings, motions, and other papers filed with the court must be in substantially the form described in this rule. Provided, however, it is sufficient that papers filed before the Community Court be neat, clean, and printed by hand.

(b) General requirements.

(1) Quality and Size of Paper, and Style of Type.

(A) Papers to be filed must be typed or printed by an electronic or mechanical device in black and must be neat, clean, and legible.

(B) The paper must be un-ruled, opaque, unglazed and white of standard quality, 8 ½ x 11 inches in size, and not less than thirteen pound weight.

(C) The type font must be Times New Roman or the equivalent.

(D) The type font size must be between 12 to 14; provided, footers describing the document may be size 8 font.

(2) Margins.

(A) Each page must have a top margin of at least 1 inch.

(B) Each page must have a bottom margin of at least 3/4 of an inch.

(C) Each page must have a left-hand margin of at least 1 inch.

(D) Each page must have a right-hand margin of at least 3/4 of an inch.

(3) Spacing.

(A) Lines on each page must be double-spaced or one and one-half spaced; provided that the following may be single-spaced: name and address blocks; titles; captions; headings, quotations; descriptions of real property; footnotes; footers; certificates of service; acknowledgment blocks; signature blocks; and subpoenas.

(B) The line height for each line must not be less than 0.162 inches.

(4) Two-sided Documents. Only pre-printed exhibits may be filed as two-sided documents. All other documents are to be single-sided.

(5) Pagination. All pages to a pleading, motion, or other paper must be numbered consecutively at the bottom and must be firmly bound together at the top; provided, however, the page number may be omitted from the first page.

(6) Signature. Signatures and all other handwritten entries on papers must be in legible black or blue ink. The name of the signatory must be typed or printed under the signature.

(7) Exhibits. Exhibits may be fastened to pages of the specified size. Copies of exhibits must be as legible as the original.

(c) No flyleaf shall be attached. No flyleaf shall be attached to any paper.

(d) Form of first page of a paper. Except as provided in paragraph (f), the first page of each paper must be in the following form:

(1) The space at the top left of the center of the page must contain the following: name; office address; telephone number; facsimile number (if any); and email address (if any) of the attorney for the party in whose behalf the paper is filed, or of the party if appearing pro se; and the name of the party represented;

(2) The space at the top right of the center of the page must be left blank for the use of the clerk of the court;

(3) The caption must conform to the following:

(A) The name of the court must be centered and not less than 2 inches from the top of the page;

(B) The space to the left of the center of the page must contain the case name;

(C) In the space to the right of the case name there must be listed the following: the case number; the title of the paper; and the title of paper(s) attached (if any).

(e) Contents of first paragraph. When the purpose of the motion is to request the court to issue an order, the first paragraph of the motion must contain a concise statement of the relief sought. When applicable, the first paragraph must include a reference to any prior order, judgment, or decision implicated by the relief sought.

(f) Two or more papers or documents filed together. When two or more papers or documents are filed together (such as a motion and its supporting documents), the documents following the first document need not begin on a new page and need not comply with the first page requirements of paragraph (d), except that the title of the ensuing document(s) must be centered on the page before the first paragraph of that document.

(g) Forms furnished by the court. If the court shall furnishes forms, those forms must be used in all appropriate instances, unless otherwise permitted by the court. Approved forms may be reproduced through photocopiers, computers, or other means. A reproduced form must be similar in design and content to the approved form. Any person filing a form that is not identical in content to an approved form must advise the court of the differences by attaching a short explanatory addendum to the document. The court may impose sanctions upon the person filing for failure to comply with this rule. The approved forms or any reproduction thereof permitted by this rule shall not be subject to the format requirements of this rule.

Rule 84. Declaration in Lieu of Affidavit
In lieu of an affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form:

"I, ______________________, declare under penalty of law that the foregoing is true and correct to the best of my knowledge and belief.

Dated:

(Signature) [Name]"

Rule 85. Title
These rules may be known and cited as the Marshall Islands Rules of Civil Procedure and may also be cited as MIRCP.

Rule 86. Effective Date of Rules

(a) Effective Date of Original rules. These rules, adopted by the High Court on February 4, 2013, shall take effect on March 4, 2013. 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 amendments take effect would not be feasible or would work injustice, in which event the former procedures apply.

(b) Effective Date of August 2013 Amendments. The amendments adopted by the High Court on August 2, 2013, shall take effect on August 2, 2013. 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 amendments take effect would not be feasible or would work injustice, in which event the former procedures apply.

(c) Effective Date of 2014 Amendments. The amendments adopted by the High Court on August 15, 2014, shall take effect on September 15, 2014. 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 amendments take effect would not be feasible or would work injustice, in which event the former procedures apply.

(d) Effective Date of 2015 Amendments. The amendments adopted by the High Court on February 13, 2015, shall take effect on March 16, 2015. 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 amendments take effect would not be feasible or would work injustice, in which event the former procedures apply.

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