Page:United States Statutes at Large Volume 76A.djvu/429

–333– -333-

§ 718. Computation of time Rule 6(a) of the Federal Eules of Civil Procedure applies to the computation of time in ciAul actions in the magistrates' courts. § 719. Service and filing of pleadings and other papers; motions; notice of orders or judgments The following provisions of the Federal Rules of Civil Procedure apply to the magistrates' courts: (1) Rule 5, relating to the service and filing of pleadings and other papers; (2) Rule 6(d), relating to the time for service of motions and affidavits; (3) Rule 6 (e), relating to additional time after service by mail; (4) Rule 7(b)(1), relating to motions; and (5) Rule 77(d), relating to notice of orders or judgments. § 720. Limitation of actions Sections 41-45 and 71-82 of this title apply to the magistrates' courts to the extent to which they refer to the limitation of actions which are within the jurisdiction of the magistrates' courts. § 721. Parties; appearance in person or by attorney; other provisions (a) Parties in magistrates' courts may appear and act in person or by attorney. A corporation may appear and act only by an attorney at law. (b) Sections 121-130 of this title and Rules 17-25 of the Federal Rules of Civil Procedure apply to the magistrates' courts. § 722. Particular actions; miscellaneous provisions (a) Part 2 of this title, relating to particular proceedings, applies to magistrates' courts only as specifically provided therein. (b) Sections 3-9 of this title apply to the magistrates' courts. Subchapter II—Commencement of Actions; Service of Process § 741. Commencement of action An action in a magistrate's court is commenced by filing a complaint. § 742. Time for issuance of summons The court shall indorse on the complaint the date upon which it was filed, and at any time within one year thereafter the plaintiflf may have summons issued. § 743. Waiver of summons At any time after the complaint is filed, the defendant may, in writing, or by appearing and pleading, waive the issuing of summons. § 744. Form of summons The summons shall be directed to the defendant, signed by the magistrate, and shall contain: (1) the title of the court, name of the subdivision in which the action is brought, and the names of the parties thereto; (2) a direction that the defendant appear and answer before the magistrate, as specified in section 745 of this title; (3) a notice that unless the defendant so appears and answers, the plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for the relief demanded in the complaint; and (4) the name of plaintiff's attorney, if he appears by attorney.

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