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New Pleading in the Twenty-First CenturySlamming the Federal Courthouse Doors?$
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Scott Dodson

Print publication date: 2013

Print ISBN-13: 9780199832507

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199832507.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 July 2021

Federal Pleading Through 2007

Federal Pleading Through 2007

Chapter:
(p.6) 1 Federal Pleading Through 2007
Source:
New Pleading in the Twenty-First Century
Author(s):

Scott Dodson

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199832507.003.0002

This chapter traces the history and evolution of pleading reforms that have shaped civil procedure today. Beginning with pre-colonial distinctions of common law and equity, the present United States justice system saw in its revisions the merging of the two civil courts and later on, to a more liberal application of the law that emphasized flexibility and access to justice over formalism and technicalities, as per the terms of the Federal Rules. Rule 8 in particular sets the basis of the present pleadings procedure, though throughout the twenty-first century the costs of litigation involved has seen an unprecedented rise, prompting the court decision that led to New Pleading.

Keywords:   pleading reforms, common law, equity, Federal Rules, Rule 8, justice system

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