Maine Withhold Issuance of Service of Process Request

State:
Multi-State
Control #:
US-FED-0047
Format:
Word
Instant download

Description

This form is for use in handling a procedural matter in a federal court proceeding.

How to fill out Withhold Issuance Of Service Of Process Request?

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FAQ

The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.

A warrant may be issued under this Rule to search for and seize any (1) property that constitutes evidence of the commission of a crime; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing ...

Rule 41(b), of the Federal Rules of Civil Procedure, allows a court to dismiss an action sua sponte for failure to prosecute or for failure to comply with the federal rules or any court order.

?With prejudice? means the decision is final. ?Without prejudice? means it's not final and subject to future inquiry. If the judge announces a case is dismissed with prejudice, that means it's permanently dismissed and can't be retried.

Rule 41(b) (2) permits a defendant to move for dismissal at the close of the plaintiff's case without waiving the right himself to produce evidence if the motion is denied and with res judicata effect if the motion is granted. This is contrary to Maine practice, Pendergrass v. York Mfg. Co., 76 Me.

A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it.

Right to a voluntary dismissal. Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment.

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

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Maine Withhold Issuance of Service of Process Request