Please cite to the original publication
In our first article on the historical background of the proposed new rules of civil procedure for the United States courts authorized by the Act of Congress of June 19, 1934, we traced the developments of federal practice at law under the Conformity Act and in equity under the uniform equity system and pointed out the real steps toward an amalgamation of the federal law and equity systems which had taken place after the adoption of the Uniform Equity Rules of 1912 and the Law and Equity Act of 1915. As a conclusion we urged the adoption of rules providing for the complete union of law and equity, a conclusion which we had expected to support by further reasons in this article. The action of the United States Supreme Court in the meantime has, however, made elaboration of the point no longer necessary. On May 9, 1935, the Chief Justice in his annual address to the American Law Insti- tute announced that the Court had decided to act under the second section of the Act, and, in accordance with its authorization, to draft rules for a united system in the federal district courts. So definite was the decision, so forcefully and persuasively was it stated, so completely were the arguments to the contrary answered and demolished, that it is now believed the considerable discussion which had developed on this point will be set at rest. Our earlier article had characterized the opportunity of procedural reform afforded by the new Act as a challenge to the profession and a test of its ability to keep its methods of work abreast of the needs of an increasingly complex social organization. The response of distinguished practitioners and jurists to the call to serve on the committees already appointed in the various districts to consider and make suggestions as to the new rules shows not only the greatest interest but an intense desire on the part of lawyers to see that the plan is carried to a successful conclusion. Now that the Court has so promptly chosen the one workable way of making the plan effective, we can feel confident that this reform, so long supported by the American Bar Association and pressed to such dramatic legislative success a year ago by the Attorney General, will be real, complete, and lasting.
Date of Authorship for this Version
A New Federal Civil Procedure – II. Pleadings and Parties (with J. W. Moore), 44 Yale Law Journal 1291 (1935)