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Rule 11 In The Constitutional Case, Gary J. Saalman, Kenneth Ripple
Rule 11 In The Constitutional Case, Gary J. Saalman, Kenneth Ripple
Journal Articles
The 1983 amendments to the Rules of Civil Procedure arose from concern over the flood of litigation in recent years and its high costs to both litigants and the court system. Although the causes of this litigation explosion and the remedies are both many and complex, the pretrial stage of litigation and the standards governing attorney responsibility were considered major contributors to the problem and prime areas for reform. The drafters of the 1983 amendments sought to streamline the litigation process by increasing judicial oversight and deterring abusive or dilatory tactics by the bar. Some of the most significant changes …
Schiavone: An Un-Fortune-Ate Illustration Of The Supreme Court's Role As Interpreter Of The Federal Rules Of Civil Procedure, Joseph P. Bauer
Schiavone: An Un-Fortune-Ate Illustration Of The Supreme Court's Role As Interpreter Of The Federal Rules Of Civil Procedure, Joseph P. Bauer
Journal Articles
Let me identify the two basic theses of this paper. First, I believe that in the recent Schiavone v. Fortune case, the Supreme Court gave the Federal Rule of Civil Procedure under consideration there, Rule 15(c), an unduly restrictive reading. In this, the fiftieth year of the effective date of the Rules, it is particularly unfortunate to see any of the Rules given an unnecessarily grudging interpretation. My second assertion is that as a general matter, in interpreting the Federal Rules, courts should recognize that their role is different from the one they play in interpreting statutes or in applying …