Oregon Law Review : Vol. 93, No. 3 (2015)

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Federal Civil Litigation at the Crossroads: Reshaping the Role of the Federal Courts in Twenty-First Century Dispute Resolution
(University of Oregon School of Law, 2015-04-16) Cavanagh, Edward D.
The Federal Rules of Civil Procedure were promulgated in 1938 to provide the “just, speedy, and inexpensive determination” of all civil actions. The underlying theme of the Federal Rules is that meritorious litigants should have their day in court. To that end, the Federal Rules eliminated procedural pitfalls, including highly technical forms of action inherited from common law, that rewarded mastery of pleading techniques over the substantive merits of claims. The Federal Rules also introduced a simplified pleading system, commonly denominated as “notice pleading,” thereby easing the heavy burden imposed on the parties. The factual details of the case could then be developed through pretrial discovery. The aim was to facilitate, not to discourage, trial on the merits. Unfortunately, the stated goal of the Federal Rules to provide the “just, speedy, and inexpensive” determination of all civil disputes has grown elusive.