The Federal Rules in State Practice

Abstract

With pleasure I responded to the invitation of the Editors to participate in a timely symposium on the Federal Rules of Civil Procedure and their effect in state and federal procedure. Because these rules have been so brilliantly successful in their own original jurisdiction; because, too, they are having an important and an abiding effect upon state practice through the union, such a symposium, viewed as both a place of rest for a backward look and a point of departure for the future, is most appropriate. My own writings have been, alas, too numerous to justify me in long further excursions at the moment. Hence I trust my contribution will be understandingly brief. But a quick survey of the considerable and constantly increasing stimulus to state practice of the rules may well be of interest and value. In giving this report I have tried to make it as up-to-the minute as my information, including my correspondence as Reporter to the federal committee, will permit. It is, however, quite possible that developments have occurred of which I have not yet learned or that others will have occurred before this issue is published.