pleading in such a proceeding shall conform substantially to Official Form No. 25.

Rule 712. Defenses and objections.

(a) When presented.-If a complaint is duly served upon him, a defendant shall serve his answer within 25 days after the issuance of the summons, except when a different time is prescribed by the court. The court shall prescribe the time for service of the answer when service of a complaint is made by publication or upon a party in a foreign country. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within 10 days after the service upon him. The plaintiff shall serve his reply to a counterclaim in the answer within 10 days after service of the answer or, if a reply is ordered by the court, within 10 days after service of the order, unless the order otherwise directs. The United States or an officer or agency thereof shall serve an answer to a complaint within 30 days after the issuance of the summons, and shall serve an answer to a cross-claim, or a reply to a counterclaim, within 30 days after service upon the United States attorney of the pleading in which the claim is asserted. The service of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court: (1) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 5 days after notice of the court's action; (2) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 5 days after the service of a more definite statement.

(b) Applicability of Federal Rule of Civil Procedure 12 (b)-(h).—Subdivisions (b)-(h) of Rule 12 of the Federal Rules of Civil Procedure apply in adversary proceedings, except that:

(1) if an order granting a motion for a more

definite statement is not obeyed within 5 days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just;

(2) a motion made by a party under subdivision (f) to strike a pleading to which no responsive pleading is permitted by these rules must be made within 10 days after service of the pleading upon the party;

(3) the references to Rules 15 (a) and 19 in subdivision (h) shall be read as references to Bankruptcy Rules 715 and 719 respectively; and

(4) an objection to the jurisdiction of the court of bankruptcy is governed by Rule 915.

Rule 718. Counterclaim and cross-claim.

Rule 13 of the Federal Rules of Civil Procedure applies in adversary proceedings, except that (1) subdivision (f) does not apply, (2) a party sued by a trustee or receiver need not state as a counterclaim any claim which he has against the bankrupt, his property, or the estate, (3) when a trustee or receiver fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice so requires, he may by leave of court set up the omitted counterclaim by amendment or by commencing a new adversary proceeding or separate action, and (4) persons other than the original parties to the adversary proceeding may be made parties to a counterclaim or cross-claim in accordance with Rules 719 and 720.

Rule 714. Third-party practice.

Rule 14 of the Federal Rules of Civil Procedure applies in adversary proceedings except as the court otherwise directs. A third-party defendant served under this rule shall make his defenses as provided in Rule 712 and his counterclaims as provided in Rule 713.

Rule 715. Amended and supplemental pleadings.

Rule 15 of the Federal Rules of Civil Procedure applies in adversary proceedings excepts that (1) a pleading to which no responsive pleading is permitted may be amended as a matter of course at any time within 15 days after it is served but before the date set for trial and that (2) a party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 5 days after service of the amended pleading, whichever period may be longer, unless the court otherwise orders.

Rule 716. Pre-trial procedure; formulating issues.

Rule 16 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 717. Parties plaintiff and defendant; capacity.

Except as provided in Rules 212 (f) and 512 (d), Rule 17 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 718. Joinder of claims and remedies.

Rule 18 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 719. Joinder of persons needed for just determination.

(a) Persons to be joined if feasible.-A person who is subject to service of process shall be joined as a party in the proceeding if (1) in his absence complete relief cannot be accorded among those already parties, or (2) he claims an interest relating to the subject of the proceeding and is so situated that the disposition of the proceeding in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed

interest. If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or in a proper case, an involuntary plaintiff.

(b) Objection to jurisdiction by joined person.—If a person joined under subdivision (a) hereof makes a timely objection as provided in Rule 915 to the jurisdiction of the court to determine issues affecting his interest and the objection is sustained, the court shall dismiss such person from the proceeding or, pursuant to Rule 915 (b), transfer the part of the proceeding involving his interest to the civil docket of the district court.

(c) Determination by court whenever joinder or proceeding with joined person not feasible.-If a person as described in subdivision (a) hereof cannot be made a party, or if such a person is dismissed or the part of the proceeding involving his interest is transferred pursuant to subdivision (b) hereof, the court shall determine whether in equity and good conscience the proceeding should continue among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the proceeding is dismissed for nonjoinder.

(d) Pleading reasons for nonjoinder.-A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in subdivision (a) who are not joined, and the reasons why they are not joined.

(e) Exception of class proceedings.-This rule is subject to the provisions of Rule 723.

Rule 720. Permissive joinder of parties.

Rule 20 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 721. Misjoinder and nonjoinder of parties.

Rule 21 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 722. Interpleader.

Rule 22 (1) of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 723. Class proceedings.

Rule 23 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 723.1. Derivative proceedings by shareholders.

Rule 23.1 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 723.2. Adversary proceedings relating to unincorporated associations.

Rule 23.2 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 724. Intervention.

Rule 24 of the Federal Rules of Civil Procedure applies in adversary proceedings except that a person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 705.

Rule 725. Substitution of parties.

Subject to the provisions of Rule 221 (b), Rule 25 of the Federal Rules of Civil Procedure applies in adversary procedings, but a motion for substitution under this rule shall be served and filed as provided in Rules 704 and 705.