43.0201 Civil procedure-Deficiencies in pleading.

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(a) In the High Court, the civil practice shall conform, as closely as practicable, to the practice provided for in the Federal Rules of Civil Procedure, Title 28, U.S.C.

(b) No objection may be made to formal deficiencies in pleading.

History: 1962, PL 7-36, 1969, PL 11-54.

Case Notes:

Federal Rules of Civil Procedure referenced herein include supplemental rules for certain admiralty and maritime claims. Star-Kist Samoa, Inc., v. Poong No.5, ASR (1979).

Insofar as the “Federal Rules of Civil Procedure, supplemental Rules for Certain Admiralty and Maritime Claims” concern actions in rem, they are inapplicable in proceedings in the courts of American Samoa, for such courts do not have in rem admiralty or maritime jurisdiction Vessel Fijian Swift v. Trial Division, 4 ASR 983 (1975).

A petition for review of an Immigration Board’s decision need not be dismissed or be refiled to correct the names of the appellees in the caption when the petition incorrectly included the American Samoa Government, the Attorney General, and the Chief Immigration Officer as appellees. A.S.C.A. §§ 41.0209, 43.0201(b); H.C.R. 3. Farapo v. American Samoa Government, 23 A.S.R.2d 51 (1992).

The High Court looks to the Federal Rules of Civil Procedure for guidance and must conform to them as closely as practicable. A.S.C.A. § 43.0201(a). Crispin v. American Samoa Gov’t, 21 A.S.R.2d 60 (1992).