Page:United States Statutes at Large Volume 76A.djvu/427

–331– -331SUBCHAPTER V

Sec. 861. 882. 863. 864. 865. 866. 867. 868.

Notice of trial or hearing. Time for commencement of trial. Postponement by court. Postponement by consent. Postponement on application of party. Adjournment; undertaking. Mode of trial of Issues. Evidence. SUBCHAPTER VI

891. 892. 893. 894. 895. 896. 897. 898. 899. 900. 901. 902.

TRIAL

JUDGMENT

Default judgment. Judgment of dismissal without prejudice. Judgment of dismissal for failure to bring to trial. AflBrmative judgment for defendant on counterclaim. Remission of amount exceeding jurisdiction. Time for entry of judgment. Form and entry of judgment; arrest; notice of judgment. Abstract of judgment. Relief from judgment or order; clerical mistakes; harmless error. Confession of judgment or submission of controversy without action. Offer of judgment before trial. Other provisions governing judgments. SUBCHAPTER VII

EXECUTION

921. Time for Issuance of execution. 922. Stay of execution. 923. Contents of execution. 924. Renewal of execution. 925. Duty of constable; execution of writ. 926. Proceedings supplemental to execution. 927. Discharge of persons imprisoned on civil process. SUBCHAPTER VHI

951. 952. 953. 954. 955. 956. 957. 958. 959. 960.

^APPEALS TO DISTRICT COURT

Time for appeal; notice of appeal. Apx)eal on question of law. Appeal on questions of fact, or law and fact; trial de novo. Filing of papers on appeal; benefit of legal objections. Undertaking on appeal. Filing of undertaking; exception to and justification of sureties. Stay of proceedings on filing undertaking. Powers of district court on appeal. Dismissal of appeal for failure to bring to trial. Dismissal of appeal; return of papers; jurisdiction of magistrate.

Subchapter I—General Provisions § 711. Provisions applicable to magistrates* courts (a) Magistrates' courts being courts of limited jurisdiction, this title, other than this chapter, applies to magistrates' courts and the proceedings therein only to the extent to which it is specifically made applicable by this chapter. (b) The Federal Eules of Civil Procedure do not apply to magistrates' courts unless: (1) they are incorporated by reference in a section of this title and the section is applicable to the magistrates' courts under this chapter; or (2) they are specifically made applicable by this chapter. (c) When a provision of law or of the Federal Kules of Civil Procedure governing the district court is applicable to the magistrates' courts, references therein to the court or judge shall be deemed to refer to the magistrate; references to the marshal shall be deemed to refer to the constable; and references to the clerk of the district court shall be deemed to refer to the magistrate. With respect to the Federal Rules of Civil Procedure, the provisions of subsection (b) of section 1 of this title apply.

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