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The amendments to the civil rules continue a process of transition from legal formulas toward adaptation to the practicalities of the various factual situations involved. This process was commenced with the early reform movement when the strictures of common-law, form-of-action pleading were abolished and the artificial separation of law and equity was ended. It continued through the original promulgation of the Federal Rules of Civil Procedure which attempted to eliminate many of the legalistic but artificial restrictions that code practice perpetuated. The current amendments move closer to what Mr. Justice Goldberg termed "the aims of a liberal, nontechnical application" of federal procedural rules, rules that are designed to place before the court the actual substantive issues in the case with the minimum amount of formal procedural restrictions needed to ensure fair and orderly proceedings.

Publication Citation

54 Geo. L.J. 1204