Article   |   Volume 162, Issue 7

The Fourth Era of American Civil Procedure

By
162 U. Pa. L. Rev. 1839 (2014).

June 2014










Every contemporary American lawyer who has engaged in litigation is familiar with the now fifty-four-volume treatise, Federal Practice and Procedure. Both of that treatise’s named authors, Charles Alan Wright and Arthur Miller, have mourned the death of a Federal Rules regime that they spent much of their professional lives explaining and often celebrating. Wright shared a sense of gloom about federal procedure that he compared to the setting before World War I. Miller has also published a series of articles that chronicled his grief.

We agree that something has fundamentally changed. In fact, we believe that we are in the midst of what should be labeled a new era—the fourth in the history of American civil procedure. The first three eras are rather conventional: the first era began with the country’s founding; the second era began in the middle of the nineteenth century with the introduction of code pleading; and the third era commenced in 1938 with the Federal Rules of Civil Procedure.

The Fourth Era of American Civil Procedure - PennLawReview.com

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