to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings as it deems necessary and proper. No judgment by default shall be entered against an infant or incompetent person unless represented in the proceeding by a general guardian, committee, conservator, or other such representative who has appeared therein. (b) Setting aside judgment by default.-For good cause shown the court may set aside a judgment by default in accordance with Rule 924.

(c) Plaintiffs, counterclaimants, cross-claimants.-The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54 (c) of the Federal Rules of Civil Procedure.

(d) Judgment against the United States.-No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.

Rule 756. Summary judgment.

Rule 56 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 762. Stay of proceedings to enforce a judgment.

Subject to the provisions of Rule 805, Rule 62 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 764. Seizure of person or property.

Rule 64 of the Federal Rules of Civil Procedure applies in adversary proceedings except that an adversary proceeding in which any of the remedies referred to in that rule is used shall be commenced and prosecuted pursuant to these rules.

Rule 765. Injunctions.

Rule 65 of the Federal Rules of Civil Procedure applies in adversary proceedings except that a temporary restraining order or preliminary injunction may be issued on application of a trustee, receiver, or bankrupt without compliance with subdivision (c) of that rule. When security is required under subdivision (c) of that rule and is given in the form of a bond or other undertaking, Rule 925 governs its enforcement against the surety thereon.

Rule 767. Deposit in court.

Rule 67 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 768. Offer of judgment.

Rule 68 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 769. Execution.

Rule 69 of the Federal Rules of Civil Procedure applies in adversary proceedings.

Rule 770. Judgment for specific acts; vesting title.

If a judgment directs a party to execute a transfer or to deliver a document or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the court shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. In proper cases the disobedient party may also be held in contempt in proceedings under Rule 920. The court in lieu of directing a transfer of real or personal property may enter a judgment divesting the title of any party

thereto and vesting it in others and such judgment has the effect of a transfer executed in due form of law. When any judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the court. Rule 771. Process in behalf of and against persons not parties.

Rule 71 of the Federal Rules of Civil Procedure applies in adversary proceedings.

· Rule 782. Transfer of adversary proceeding.

Upon notice and hearing afforded the parties, any adversary proceeding may, in the interest of justice and for the convenience of the parties, be transferred by the court to any other district and shall thereafter continue as if originally filed in such district. An adversary proceeding transferred under this rule shall be referred to a referee by the clerk of the court to which it has been transferred.

PART VIII. APPEAL TO DISTRICT COURT

Rule 801. Manner of taking appeal.

An appeal from a judgment or order of a referee to a district court shall be taken by filing a notice of appeal with the referee within the time allowed by Rule 802. Failure of an appellant to take any step other than that specified in the first sentence does not affect the validity of the appeal, but is ground only for such action as the district court deems appropriate, which may include dismissal of appeal. The notice of appeal shall conform substantially to Official Form No. 28, shall contain the names of all parties to the judgment or order appealed from and the names and addresses of their respective attorneys, and shall be accompanied by the fee fixed by the Judicial Conference of the United States pursuant to § 40c of the Act. Each appellant shall file a sufficient

number of copies of the notice of appeal to enable the referee to comply promptly with Rule 804.

Rule 802. Time for filing notice of appeal.

(a) Ten-day period.-The notice of appeal shall be filed with the referee within 10 days of the date of the entry of the judgment or order appealed from. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 10 days of the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this rule, whichever period last expires.

(b) Effect of motion on time for app al.-The running of the time for filing a notice of appea is terminated as to all parties by a timely motion filed wi. the referee by any party pursuant to the rules hereafte. numerated in this subdivision. The full time for appeal fixed by this rule commences to run and is to be computed from the entry of any of the following orders made upon a timely motion under such rules: (1) granting or denying a motion for judgment notwithstanding the verdict under Rule 115 (b)(4); (2) granting or denying a motion under Rule 752 (b) to amend or make additional findings of fact, whether or not an alternation of the judgment would be required if the motion is granted; (3) granting or denying a motion under Rule 923 to alter or amend the judgment; or (4) denying a motion for a new trial under Rule 923.

(c) Extension of time for appeal.-The referee may extend the time for filing the notice of appeal by any party for a period not to exceed 20 days from the expiration of the time otherwise prescribed by this rule. A request to extend the time for filing a notice of appeal must be made before such time has expired, except that a request made after the expiration of such time may be granted upon a showing of excusable neglect if the judgment or order does not authorize the sale of any property.

Rule 803. Finality of referee's judgment or order.

Unless a notice of appeal is filed as prescribed by Rules 801 and 802, the judgment or order of the referee shall become final.

Rule 804. Service of the notice of appeal.

The referee shall serve notice of the filing of a notice of appeal by mailing a copy thereof to counsel of record of each party other than the appellant or, if a party is not represented by counsel, to the party at his last known address. Failure to serve notice shall not affect the validity of the appeal. The referee shall note on each copy served the date of the filing of the notice of appeal and shall note in the docket the names of the parties to whom he mails copies and the date of the mailing.

Rule 805. Stay pending appeal.

A motion for a stay of the judgment or order of a referee, for approval of a supersedeas bond, or for other relief pending appeal must ordinarily be made in the first instance to the referee. Notwithstanding Rule 762 but subject to the power of the district court reserved hereinafter, the referee may suspend or order the continuation of proceedings or make any other appropriate order during the pendency of an appeal upon such terms as will protect the rights of all parties in interest. A motion for such relief, or for modification or termination of relief granted by the referee, may be made to the district court, but the motion shall show why the relief, modification, or termination was not obtained from the referee. The district court may condition the relief it grants under this rule upon the filing of a bond or other appropriate security with the referee. A trustee or receiver may be required to give a supersedeas bond or other appropriate security in order to obtain a stay when taking an appeal. Rule 806. Record and issues on appeal.

Within 10 days after filing the notice of appeal the appellant shall file with the referee and serve on the