Federal Rule 16: A Look at the Theory and Practice of Rulemaking

Abstract

Sunderland Letter, supra note 7.Moreover, the Rules as adopted specifically left certain matters to be governed by the rule of the forum state.See, e.g., FED.R. Civ.P. 17 (b), 62(0, 64, 69(a).On the second point, distinctions were recognized, for example, between the general pleading rules and the appropriate pleading requirements for fraud and for malice, see FED. R. Civ.P. 9(b), between actions tried with or without a jury, see FED. R. Civ.P. 41(b), and between default judgments in actions for a sum certain or readily calculable and actions for less definite relief, see FED. R. Civ.P. 55(b).But the rules as adopted were fairly comprehensive, and distinctions among types of cases were infrequently drawn.

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