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Rule 8(b) states that the defendant's answer must admit or deny every element of the plaintiff's claim. Rule 8(c) requires that the defendant's answer must state any affirmative defenses. Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more statements of a claim or defense alternatively or hypothetically."
Annual report pursuant to section 13 and 15(d) (and amendment thereto) 10-KT, 10-KT/A Transition report pursuant to Rule 13a-10 or 15d-10 (and amendment thereto) 10-Q, 10-Q/A Quarterly report pursuant to section 13 and 15(d) (and amendment thereto) 10-QT, 10-QT/A Transition report pursuant to Rule 13a-10 or 15d-10 (and amendment thereto)
a counter-notice is duly given by the creditor under Rule 85.4(3), but; the third party then fails to commence the application to the court which is required under Rule 85.5, and; the provisions of Rule 85.5 impose no time limit by which the application under that Rule must be made by the creditor or other party claiming an interest. [20]
A subpoena duce tecum served pursuant to Bankruptcy Rule 2004 is not a violation of accountant-client privilege. 11 United States Code section 107 (a) provides that papers filed in cases under the Bankruptcy Code and dockets of the Bankruptcy Courts are public records and are to be open to examination at reasonable times without charge. [48]
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
This occasionally results in harsh consequences, as Justice Thomas acknowledged in a 2007 opinion: "Just a few months ago, the Clerk, pursuant to this Court's Rule 13.2, refused to accept a petition for certiorari submitted by Ryan Heath Dickson because it had been filed one day late ... Dickson was executed on April 26, 2007, without any ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Rule 144 regulates the resale of "restricted securities" and "control securities" by establishing certain conditions that must be satisfied in order for the resale to be exempt from the Securities Act registration requirements pursuant to Section 4(1) of the Securities Act—a safe harbor from "underwriter" status for the selling security holder.