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113-455: David Dudley Field II (February 13, 1805 – April 13, 1894) was an American lawyer and law reformer who made major contributions to the development of American civil procedure . His greatest accomplishment was engineering the move away from common law pleading towards code pleading, which culminated in the enactment of the Field Code in 1850 by the state of New York. Field

226-531: A Council of Appointment . Governor John Jay sent a special message to the lower chamber ( New York State Assembly ) on February 26, 1801, and the same message to the upper chamber ( New York State Senate ) on the following day, in relation to the Council of Appointment, reciting the differences which had existed between Council and Governor, not only during his own term, but during the term of his predecessor, Governor George Clinton . Governor Jay claimed that under

339-526: A lawsuit ). Eventually Field's civil procedure code was, with some changes, adopted in 27 states. It also influenced later procedural reforms in England and several of her colonies (specifically, the Judicature Acts ). However, according to Amalia Kessler , the more important aspect of Field's "code of civil procedure" was not so much the "code" part, but the "civil procedure" part. Before Field,

452-539: A Constitutional Commission in 1872–1873; and a Judicial Convention in 1921. Despite this, the state has had only four essentially de novo constitutions in its history, those of 1777 (replacing the former colonial charter), 1821, 1846, and 1894. During the 20th century, the State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate. However, portions of

565-540: A Convention" for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each chamber at stated periods, until the maximum should be reached, which

678-613: A Practice Act in 1851 influenced by the Field Code, then in 1872 enacted Field's civil procedure, criminal procedure, civil, penal, and political codes as the first four California Codes (California merged Field's penal and criminal procedure codes into a single code). Meanwhile, in 1866, Field proposed to the British National Association for the Promotion of Social Science a revision and codification of

791-745: A bill in regard to the presidential succession, and appeared before the Electoral Commission in Samuel J. Tilden 's interest during the highly controversial presidential election of 1876 . He died in New York City in 1894. Civil procedure in the United States Civil procedure in the United States consists of rules that govern civil actions in the federal , state , and territorial court systems, and

904-499: A codification of the laws. In 1847 he finally had a chance to put his ideas into official form when he was appointed head of a state commission to revise court procedure and practice. The first part of the commission's work, a portion of the code of civil procedure, was reported and enacted by the legislature in 1848. By January 1, 1850, the New York state legislature had enacted the complete Code of Civil Procedure, subsequently known as

1017-552: A contiguous territory and be "as compact in form as practicable". Emergency powers are described in Section 25. The legislature is granted the power to enact measures allowing the continuity of government, and "provide for prompt and temporary succession" of public offices if they were to become unavailable in the event of an emergency caused by "enemy attack or by disasters (natural or otherwise)". The final paragraph states: "Nothing in this article shall be construed to limit in any way

1130-431: A frosty reception from judges and lawyers throughout the United States, as everyone feared that their own favorite local procedure might fall victim to such a standardization process. The final version of the bill was heavily watered down so that it merely required all federal district courts to appoint committees of local attorneys and judges to study the possibility of reorganizing and simplifying their local rules. In

1243-492: A good faith attempt to confer with the opponent in advance to avoid unnecessary motion practice, and whether a "separate statement" summarizing the issues to be decided must be concurrently filed. District courts also vary widely in the extent to which local custom is actually codified to any extent in local rules, or in standing orders issued by individual district judges (which may be posted on Web sites or actually filed separately for each case), or simply not codified at all. In

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1356-413: A hearing date must be reserved in advance, whether the movant even gets a hearing for oral argument (some district courts assume that motions are to be heard unless expressly taken off calendar while in others there is no hearing unless expressly ordered), whether the briefing schedule is calculated from date of filing of motion papers or date of motion hearing, whether the motion papers must show evidence of

1469-466: A justification in itself for restrictions on interstate practice. However, Congress has been unable to complete the unification of federal civil procedure in a fashion that would be satisfactory to judges and lawyers in all states. A study of the federal district courts in the mid-1980s found that they had developed a broad range of approaches to filling in the critical gaps in the FRCP. These ranged from

1582-537: A minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the governor or exclusively in the Council members, were defeated. The changes in this version of the Constitution were: In 1821, the power struggle between Governor DeWitt Clinton and the Bucktails faction of the Democratic-Republican Party led to

1695-433: A new system now called "notice pleading," based on the idea that a complaint should merely give "notice" that the defendant is being sued, and allow the plaintiff to use the machinery of the courts to compel discovery of evidence from the defendant which would help the plaintiff prove his case. And of course, the defendant could compel discovery of evidence from the plaintiff to support his defenses. The FRCP also introduced

1808-599: A number of innovations such as Rule 16 pretrial conferences, which gave judges a method for managing caseloads more aggressively and urging parties to reach settlements. Having completed its initial task, the Advisory Committee survived for almost twenty years. In 1941, 1946, and 1948, the Supreme Court adopted the Committee's proposed revisions to the FRCP, but for reasons that were never disclosed,

1921-538: A particular procedure was followed just because some (often ancient) decision said so, but none of those decisions were looking at whether the entire procedural system made sense. Because the evolution of the forms of action was severely limited by the Provisions of Oxford (1258), pleaders had to resort to awkward workarounds such as legal fictions which had become quite ludicrous by the 19th century. Legal fictions served only to obscure rather than illuminate what

2034-533: A partner in the firm after Robert died. In 1829, Field married Jane Lucinda Hopkins, with whom he had three children: Dudley, Jeanie Lucinda , and Isabella. After his wife's death in 1836, Field remarried twice, first to Harriet Davidson (d. 1864) and second to Mary E. Carr (d. 1874). The eldest child, Dudley Field, followed in his father's footsteps and studied law. He was made a partner in his father's practice in 1854. Jeanie Lucinda married an Antigua-born British imperial civil servant, Anthony Musgrave , and became

2147-431: A party to a legal action had to bring a collateral proceeding, a bill in equity in aid of discovery, just to obtain essential documents or testimony from the opposing party. Procedure in the early federal courts was notoriously incoherent, and such incoherence persisted for almost 150 years. The Process Act of 1792 authorized the federal courts to write their own procedural rules for everything but actions at law. In

2260-418: A preamble and 20 articles. It was last amended on January 1, 2018. We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION. Article I establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. Many of the provisions in this article are similar to those in

2373-490: A prominent clergyman and travel writer. He was also the uncle of U.S. Supreme Court Justice David Josiah Brewer . He graduated from Williams College in 1825, studied law with Harmanus Bleecker in Albany , and settled in New York City. After his admission to the bar in 1828, he rapidly won a high position in his profession. He joined the law office of Henry and Robert Sedgwick, of the prominent Sedgwick family , and became

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2486-578: A promoter of charitable projects in British colonies. After having practiced law for several years, Field became convinced that the common law in America, and particularly in New York state, needed radical changes to unify and simplify its procedure . 1836 was particularly devastating for Field: his first wife, youngest child, and one of his brothers all died in the same year. To cope with his grief , he paused his law practice, traveled to Europe for over

2599-658: A second trial in November 1873, Tweed received a sentence of twelve years in prison and a $ 12,750 fine from judge Noah Davis . After 1876, Field returned to the Democratic Party, and from January to March 1877 served out in the United States House of Representatives the unexpired term of Smith Ely , who had been elected Mayor of New York City . During his brief Congressional career he delivered six speeches (all of which attracted attention), introduced

2712-408: A settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into the class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to

2825-733: A single local rule in the Middle District of Georgia, to the 34 local rules of the Central District of California (which were loaded with so many subparts that they actually amounted to 434 local rules). The original version of the bill that became the Civil Justice Reform Act of 1990 included a clause that would have impliedly forced the federal judiciary to develop and adopt a truly comprehensive package of procedural rules that would be uniformly applied in all federal district courts. The draft bill encountered

2938-948: A small majority, with 247,240 for and 240,442 against it. William A. Wheeler presided. Waldo Hutchins , William M. Evarts , George Opdyke , George William Curtis , Horace Greeley , Ira Harris , Martin I. Townsend , Charles Andrews , Charles J. Folger , Augustus Frank , Augustus Schell , Henry C. Murphy , Homer A. Nelson , David L. Seymour , George F. Comstock , John Magee , Sanford E. Church , Marshall B. Champlain , Teunis G. Bergen , William D. Veeder , John G. Schumaker , Stephen J. Colahan , Elbridge T. Gerry , Gideon J. Tucker , Samuel J. Tilden , Edwards Pierrepont , James Brooks , William Hitchman , Abraham B. Tappen , B. Platt Carpenter , Erastus Corning , Amasa J. Parker , Marius Schoonmaker , Edwin A. Merritt , Leslie W. Russell , Thomas G. Alvord , Horatio Ballard , Hobart Krum , Ezra Graves , Elbridge G. Lapham , Frank Hiscock , Seth Wakeman , and Israel T. Hatch were among

3051-415: A uniform system of modern notice pleading in all federal courts. There are exceptions to the types of cases that the FRCP now control but they are few in number and somewhat esoteric (e.g., " prize proceedings in admiralty "). The FRCP drafters were heavily influenced by the elegance of civil procedure in certain code pleading states, particularly California and Minnesota . However, the FRCP went to

3164-419: A year and focused on investigating the courts, procedure, and codes of England, France and other countries. He then returned to the United States and labored to bring about a codification of its common law procedure. Upon returning, he also established his own law firm, in which he was joined by his brothers Stephen and Jonathan. Much of Field's ideas on codification and the civil procedure rules were based on

3277-401: Is distinct from the rules that govern criminal actions . Like much of American law , civil procedure is not reserved to the federal government in its Constitution . As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system. Early federal and state civil procedure in the United States was rather ad hoc and

3390-411: Is elected to two-year terms. The current number of Senators is set by State Law §123, and the number of Senate districts is set at 63 by State Law §124; currently, there are 63 Senate seats. The legislative process, such as the passage of bills, is also described in this article. The article includes rules and processes for drawing legislative districts and making apportionments. The United States Census

3503-514: Is used to determine the number of inhabitants; if it is not carried out or fails to provide this information, then the state Legislature has the power to enumerate its inhabitants. Whenever districts must be amended, an "independent redistricting commission" composed of ten members (two appointed by the temporary president of the Senate , two appointed by the Speaker of the Assembly , two appointed by

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3616-505: The Constitution of the United States . Some provisions included are freedom of speech , a trial by jury , freedom of worship , habeas corpus , and security against unreasonable search and seizures. Article II describes the rights and requirements involved in voting. All citizens over eighteen are allowed to vote if they have been a resident at least 30 days before the date of an election. Any form of bribery or compensation to compel

3729-580: The English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Note that the following states do not have a single code or set of civil procedure rules for their trial courts: Delaware , Indiana , Maryland , New Hampshire , New Mexico , Rhode Island , and Washington . New York State Constitutional Convention The State of New York has held nine Constitutional Conventions : in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967;

3842-564: The Federal Rules of Civil Procedure (FRCP) on June 3, 1935. Mitchell was appointed as the Advisory Committee's first chairman (a position he would hold until his death in 1955) and Clark was appointed as the Committee's Reporter. The Advisory Committee's initial membership in 1935 included several prominent lawyers and politicians of the era, including George W. Wickersham , Armistead Mason Dobie , George Donworth , and Scott Loftin . Other prominent persons who were appointed later to

3955-685: The New York and New Jersey campaign . The work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest in Morristown, New Jersey . The first Constitutional Convention in New York's history terminated its labors at Kingston, New York , on Sunday evening, April 20, 1777, when

4068-610: The Republican Party in 1856 and to the Lincoln Administration throughout the American Civil War . Field was part of the team of defense counsel that William M. Tweed assembled to defend himself during the first criminal prosecution of Tweed in 1873. Other members of the defense team included John Graham and Elihu Root . This first trial ended when the jury could not agree on a verdict. In

4181-711: The United States Court for China . Frustration with the status quo caused the American Bar Association to launch a nationwide movement for reform of federal civil procedure in 1911. After years of bitter infighting within the American bench and bar, the federal procedural reform movement culminated in the enactment of the Rules Enabling Act on June 19, 1934. The Supreme Court at first took little interest in exercising

4294-625: The cause of action . By 1897, 27 states had enacted versions of the Field Code. As of that same year, common law pleading despite extensive statutory modifications remained the dominant procedure in 13 states, the Territory of New Mexico, and the District of Columbia. And seven more states had not enacted formal "codes of civil procedure", but had enacted "fairly complete statutory systems" which incorporated elements of both code pleading and common law pleading and in general were more analogous to

4407-489: The state supreme court or the state bar association. The position taken by these states is that to protect the rights of the citizens of a representative democracy , civil procedure should be directly managed by legislators elected by the people on a frequent basis, not judges who are subject only to relatively infrequent retention elections (California) or direct elections (Illinois and New York). (All three states have strong traditions of popular sovereignty ; they are among

4520-563: The 1825 Louisiana Code of Procedure. The Louisiana code was drafted by jurists including Edward Livingston , Louis Lislet (1762–1832), and Pierre Derbigny . In turn, the Louisiana code was inspired by French (including the French Code of Civil Procedure of 1806 ), Spanish, and Roman law, the common law tradition, and Livingston's Louisiana Practice Act of 1805. European civil law thus influenced American civil procedure, partially through

4633-595: The 1894 Constitution, the people were to vote on the holding of a seventh Constitutional Convention in 1916. However, the Governor proposed that the Convention be moved up to 1915 so that it would not be overshadowed by other issues. Thus, in April 1914, a referendum approved a Constitutional Convention to be held in 1915. There were 168 delegates to the 1915 Convention. The delegates included: Elihu Root (the President of

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4746-504: The 1915 Convention proposed numerous overhauls to the judicial system. The Legislature rejected this article and it was not sent to the voters. However, in 1921, the Legislature authorized a group of thirty people to revise the judiciary article of the 1894 Constitution. However, the proposed article included many proposals from the 1915 Convention, and was again rejected by the Legislature. The Constitution established in 1894 required

4859-462: The Advisory Committee included George W. Pepper , Samuel Marion Driver , and Maynard Pirsig . The Advisory Committee first prepared two preliminary drafts for its own use, then eventually printed and circulated three drafts nationwide, in May 1936, April 1937, and November 1937. The third report was the final one, which the U.S. Supreme Court reviewed, revised, and adopted on December 20, 1937. There

4972-527: The Conformity Act of 1872, which directed federal courts to conform their procedure in such actions to the current practice in the states in which they were sitting (i.e., "dynamic conformity"). Federal courts were allowed to continue to develop the federal common law of evidence (most of which was replaced a century later by the Federal Rules of Evidence ). However, allowing federal courts to conform to current state procedure still did not solve

5085-409: The Constitution the Governor had the exclusive right of nomination, but some members of the Council of Appointment claimed a concurrent right of nomination. This, the Governor denied, and in this message he recommends that it be settled in some way. Since the original Constitution had no provisions as to how to amend it, on April 6, 1801, the legislature passed a law with the title "An Act Recommending

5198-1511: The Convention), Edgar T. Brackett , Jacob Brenner , Alphonso T. Clearwater , Patrick W. Cullinan , Seth Low , Louis Marshall , John Lord O'Brian , Herbert Parsons , Adolph J. Rodenbeck , Jacob Gould Schurman , Henry L. Stimson , George W. Wickersham , Franklin A. Coles , Harry E. Lewis , Meier Steinbrink , Harry Heyman , John F. Ahearn , Abraham Harawitz , Alfred E. Smith , Harry E. Oxford , Morgan J. O'Brien , John B. Stanchfield , James A. Foley , De Lancey Nicoll , William F. Sheehan , Thomas Francis Smith , Thomas Maurice Mulry , John Thomas Dooling , John Godfrey Saxe II , Robert F. Wagner , Courtlandt Nicoll , Frederick C. Tanner , Mark Eisner , William M. K. Olcott , Martin Saxe , J. Sidney Bernstein , Nathan Burkan , Anthony J. Griffin , Louis F. Haffen , Francis W. Martin , George A. Blauvelt , Eugene Lamb Richards , Francis A. Winslow , Frank L. Young , Caleb H. Baumes , Lemuel E. Quigg , William Barnes Jr. , Harold J. Hinman , Victor M. Allen , W. Barlow Dunlap , Louis M. Martin , Ray B. Smith , Israel T. Deyo , George E. Green , Jesse S. Phillips , James Wolcott Wadsworth , Frank M. Jones , Benjamin Rush Rhees , Homer E. A. Dick , Charles B. Sears , Matthias Endres , Frank W. Standart , and James S. Whipple . Proposed changes included: All of

5311-416: The FRCP and its state counterparts (this was also an express position of the federal civil procedure reform movement), is that civil procedure is a judicial function reserved to the judiciary under the rule of separation of powers ; legislatures are often too congested and gridlocked to make timely amendments to civil procedure statutes (as evidenced by the chaos and delays surrounding the statutory adoption of

5424-492: The FRCP for their civil procedure systems, while maintaining the general principle that the legislature should manage civil procedure. For example, the FRCP's liberal discovery rules heavily influenced the California Civil Discovery Act of 1957 as well as its subsequent replacements in 1986 and 2004. Thus, by fixing the most archaic and frustrating parts of their procedural systems, they have obviated

5537-470: The FRCP. The American legal landscape is strewn with procedural reform efforts. There have been innumerable revisions to the FRCP, and to the nation’s state procedural rules, in the eighty years since promulgation of the FRCP. The resulting procedural diversity has been both valued and vilified. Various critics have disavowed the efficacy of procedural reform efforts. They have identified inherent anti-uniformity factors that should be embraced. A consequence of

5650-410: The FRCP. For example, Rhode Island has its own Civil Court Rules of Procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of a jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or

5763-470: The Federal Rules of Evidence); and many legislators are nonlawyers who do not understand the urgent need to constantly revise and improve civil procedure rules. Thus, the development of state statutory civil procedure law is often haphazard and chaotic. Another reason for why many states have not adopted the FRCP is that they have borrowed, by occasional statutory acts, the most innovative parts of

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5876-410: The Field Code since it was almost entirely Field's work. The new system abolished the distinction in forms of procedure between an action at law (a civil case demanding monetary damages) and a suit in equity (a civil case demanding non-monetary damages). Under the new procedure, rather than having to file separate actions, a plaintiff needed to file only one civil action (or as it is often called today,

5989-646: The Legislature passed "An Act to amend chapter 398, of the Laws of 1892, entitled 'An Act to provide for a convention to revise and amend the Constitution'", calling a Constitutional Convention to meet in 1894. The 175 delegates were elected at the New York state election, 1893 , five in each senatorial district, and 15 at-large. The Convention met on May 8, 1894, at the New York State Capitol in Albany; and adjourned on September 29. The revised Constitution

6102-422: The Legislature. This imbalance of power between the branches of state government kept the elite firmly in control, and disenfranchised the majority of the male New York population. Slavery was legal in New York until 1827. Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment: This apportionment stood unchanged until seven years after

6215-556: The Senate Minority Leader, two appointed by the Assembly Minority Leader, and two appointed by the eight other appointed members) is created. Drawing of district lines must not violate racial or language minority voting rights. Each district must contain "as nearly as may be an equal number of inhabitants"; if it does not the commission must provide a reason. Additionally, districts must consist of

6328-867: The State Senate, equally divided between the two major political parties. The Commission met from December 4, 1872, to March 15, 1873. They proposed amendments to the Constitution of 1846, which was still in force with amendments which were then approved or rejected by the Legislature, and those approved were then submitted to the voters for ratification. Among the members were: Robert H. Pruyn who presided; George Opdyke , Augustus Schell , John D. Van Buren , Erastus Brooks , Benjamin D. Silliman , George C. Burdett , Francis Kernan , Elias W. Leavenworth , Daniel Pratt , John F. Hubbard Jr. , Barna R. Johnson , Lucius Robinson , George B. Bradley , Van Rensselaer Richmond , Lysander Farrar , Lorenzo Morris and Sherman S. Rogers . Major changes: On January 27, 1893,

6441-482: The Supreme Court about revisions to procedural rules. The Judicial Conference then appointed a Standing Committee to handle that task, which in turn appointed an advisory committee for each set of federal procedural rules, including the FRCP. The initial members of the Advisory Committee on Civil Rules were appointed in April 1960; since then, that committee has been in charge of drafting revisions to

6554-480: The Supreme Court never adopted the Committee's 1955 revisions, and discharged the Committee instead on October 1, 1956. The ABA and numerous other groups lobbied for some kind of committee to take over the task of maintaining the FRCP and other federal procedural rules. In 1958, Congress amended the act creating the Judicial Conference of the United States so that it would have the power to advise

6667-403: The United States were constructed. For example, although Field's civil code was repeatedly rejected by his home state of New York (due in large part to the opposition of James C. Carter to Field's ideas), it was later adopted in large part by the states of California, Idaho, Montana, North Dakota, and South Dakota, as well as the territory of Guam many years later. (Notably, Idaho largely enacted

6780-473: The ability of trial court judges in rural areas to trip up big city lawyers with obscure local rules and forms, and in turn improving the portability of legal services. Even states that declined to adopt the FRCP, like California, also joined the movement towards intrastate uniformity of civil procedure. One surviving legacy of the old Conformity Act is that the FRCP is still vague about certain procedural details. For example, Rules 7, 10, and 11 do not list all

6893-404: The above patchwork of historical imitations and amendments is the countless procedural differences between state and federal courts across the nation. Most practicing lawyers and judges are far too busy to focus on reforming the system where they have learned to function. There is precious little time to devote to individual consideration of whether another judicial system offers a better solution to

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7006-505: The bill. The Bucktails did not have a two-thirds majority in the legislature to override the veto. During the regular session (beginning in January 1821), the Legislature passed a new bill that put the question to the people. At the state election in April 1821, the people voted in favor of the convention. The convention met from August to November in Albany . U.S. Vice President Daniel D. Tompkins presided. Between January 15 and 17, 1822,

7119-436: The briefing and arguments of motions, and Rule 83 grants broad authority to district courts to promulgate local rules. This compromise allowed each federal district court to supplement the FRCP by promulgating local rules which track traditional motion practice in their states to the extent compatible with the FRCP. But it also defeated the FRCP's objective of procedural uniformity. While virtually all U.S. lawyers understand

7232-527: The call for a Constitutional Convention by the Bucktail members of the legislature, against Clinton's fierce opposition. Their intention was to transfer powers from the executive to the legislative branch of the government. In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in the Council of Revision to veto

7345-547: The civil procedure in effect at the time those states joined the Union. Unfortunately for the federal courts, state civil procedure law began to diverge dramatically in the mid-19th century. In the 1840s, the law reformer David Dudley Field II launched a movement away from common law pleading and towards what came to be called "code pleading." Common law pleading operated under ad hoc procedures that developed haphazardly through case law —the forms of action . In other words,

7458-415: The code pleading states. Some of the common law pleading states nominally retained the forms of action but declined to adopt code pleading because they had developed their own workarounds for the deficiencies of the common law. For example, Virginia developed its own unique system of "motion pleading", based on a "motion for judgment" which functions like a pleading. Field is also credited with developing

7571-415: The context of actions at law, the earlier Process Act of 1789 was so poorly written that it forced a federal court sitting in a state to apply the common law rules of pleading and procedure that were in effect in the state at the time it joined the Union, regardless of whether the state had modified or revised its civil procedure system since. In other words, even though a state's common law pleading system

7684-596: The contract sections of Field's civil code but declined to enact the tort sections.) 18 states ultimately enacted part or all of what was widely (though incorrectly) called Field's penal code, including his home state of New York in 1881. Thanks to Field's brother, Stephen (who served in the California State Assembly and as California's fifth Chief Justice before being appointed to the U.S. Supreme Court), California bought into Field's codification project more than any other state. California first enacted

7797-588: The convention had a small Republican majority. The convention met in June at Albany, New York , adjourned on September 23, met again on November 12, and adjourned again in February 1868. Afterwards the draft was discussed in the New York State Legislature for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end,

7910-497: The day that the constitution will take effect, which is January 1, 1939. The Fourth New York Provincial Congress , resolving itself as the Convention of Representatives of the State of New York , adopted the first constitution of the state of New York on April 20, 1777. The Province of New York was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands . The original proprietor

8023-497: The delegates were DeWitt Clinton (future governor), James Clinton , William Floyd , Ezra L'Hommedieu , Smith Thompson , Daniel D. Tompkins , John Vernon Henry , William P. Van Ness , and Vice President of the United States Aaron Burr , who presided. Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently,

8136-415: The delegates. The changes in this version of the constitution were: According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a constitutional convention to be held, which was answered in the affirmative at the New York state election, 1866 with 352,854 votes for, and 256,364 against the convention. On April 23, 1867, the delegates were elected, and

8249-422: The delegates. The changes in this version of the constitution were: After the rejection of all amendments proposed by the Convention of 1867–68, except the judicial article, Governor John T. Hoffman suggested to the Legislature that a non-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each senatorial district, appointed by the Governor, and confirmed by

8362-696: The delegates. The changes in this version of the constitution were: The delegates convened at Albany on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the next state election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes. John Tracy presided. Ira Harris , George W. Patterson , Ambrose L. Jordan , Charles H. Ruggles , David R. Floyd-Jones , Charles O'Conor , Samuel J. Tilden (future New York Governor and 1876 presidential candidate who won popular vote but lost in electoral college to Rutherford B. Hayes ), Levi S. Chatfield , William B. Wright , Michael Hoffman and William C. Bouck were among

8475-410: The documents that should be filed with a motion, nor do they contain a complete set of requirements for how they should be formatted, Rule 6 does not contain a complete motion briefing schedule (apart from the general requirement that a notice of motion and supporting motion papers must be filed and served at least 14 days ahead of the hearing), Rule 78 grants district courts broad discretion in scheduling

8588-432: The early 20th-century reformers was to use the development of new federal procedural rules to facilitate uniformity of civil procedure in the separate states. By 1959, 17 states had adopted versions of the FRCP in part or whole as their civil procedure systems. Today, 35 states have adopted versions of the FRCP to govern civil procedure in their state court systems, although significant modifications were necessary because

8701-555: The end of the Revolutionary War , in 1790, when the First United States Census was held to correct apportionments. On the subject of enfranchisement , Article VII of the new constitution said: The Constitutional Convention of 1801 was not convened to propose a new Constitution. Instead, it formed purely to resolve differences of interpretation of §23 of the 1777 Constitution, which provided for

8814-494: The end, most but not all federal district courts restructured their local rules to follow a uniform format promulgated by the Judicial Conference of the United States, but they continued to maintain most of their unique local idiosyncrasies. California , Illinois and New York are notable in that almost all of their sui generis civil procedure systems are codified in statutory law, not in rules promulgated by

8927-451: The federal courts are courts of limited jurisdiction, while state courts have general jurisdiction over innumerable types of matters that are usually beyond the jurisdiction of federal courts (traffic, family, probate, and so on). In supplementing the FRCP to provide a comprehensive set of rules appropriate to state law, several states took advantage of the opportunity to impose intrastate uniformity of civil procedure, thereby cutting down on

9040-433: The federal courts' problems with actions at law, because by the turn of the 20th century, the U.S. was a mix of common law and code pleading states. Even worse, many code pleading states had merged common law and equity procedure into a unified civil procedure system, which directly clashed with the federal courts' preservation of the traditional English division between the two bodies of procedural law. The inevitable result

9153-426: The general principles of a FRCP 12(b)(6) motion to dismiss or a FRCP 56 motion for summary judgment, the actual details of making and opposing motions continue to vary dramatically from one federal district court to the next. Variations include things like the formatting of court papers (including typeface, margins, line spacing, line numbers, and whether maximum length should be calculated in words or pages), whether

9266-450: The giving or withholding of a vote is not allowed. The article also establishes the general operation of absentee ballots, voter registration, and elections. Article III establishes the powers and limitations of the bicameral New York State Legislature , which consists of a Senate containing 50 members initially, and an Assembly containing 150 members. Except for Senators elected in 1895 who served three-year terms, every legislative member

9379-475: The heading of "procedure" and marked the "invention of procedure as a distinct, coherent category, defined in antithesis to the substantive law". In 1857, Field became chair of another state commission, this time for the systematic codification of all of New York state law except for those portions already reported upon by the Commissioner of Practice and Pleadings. In this work he personally prepared almost

9492-403: The idea of "procedure" as a unified body of law simply did not exist in common law jurisdictions. Joseph Story 's treatises a generation earlier are a typical example, in that Story, like his contemporaries, treated "pleading" and "practice" as two clearly distinct bodies of law and never used the word "procedure". The Field Code joined together "pleading" and "practice" for the first time under

9605-526: The intermediary of Louisiana . Livingston helped to prepare criminal and civil codes for Louisiana, and Field's personal papers at Duke University Libraries reveal that he had read Livingston's 1825 report on the Louisiana Civil Code . Field was also influenced by criticism of the common law by his law partner Henry Sedgwick, as well as lawyer William Sampson . Field devoted more than 40 years of his life to codification, and he "was by far

9718-462: The last situation, out-of-town attorneys and pro se parties are at a severe disadvantage unless the district court's uncodified customs have been expressly documented in legal treatises, which is not always the case for smaller states. Congress and the federal courts have recognized that this flaw in the FRCP drives up the cost of legal services and hinders the ability of lawyers to litigate in federal courts in other states, which in turn has become

9831-617: The laws of all nations. For an international commission of lawyers he prepared Draft Outlines of an International Code (1872), the submission of which resulted in the organization of the international Association for the Reform and Codification of the Laws of Nations , of which he became president. Field was originally an anti-slavery Democrat , and he supported Martin Van Buren in the Free Soil campaign of 1848. He gave his support to

9944-494: The lieutenant governor first in line, and then the temporary president of the Senate. Article V describes the roles of the comptroller and attorney-general as well as the operation of the civil departments , of which there can be at most 20. Article VI describes the judicial branch, including the court systems , the operation of trials, and the conditions for appointing and removing judges and justices. It contains 37 sections, more than any other article. Article XX describes

10057-451: The minority of U.S. states whose enacting clauses and criminal prosecutions are done in the name of the people, rather than the state.) The other problem with having judges manage civil procedure rules is that they are usually too busy with their regular caseloads to directly draft new or amended rules themselves. As noted above, most of the real work is delegated to appointed advisory committees. The opposite viewpoint, as represented by

10170-518: The most persuasive and articulate advocate of codification in nineteenth-century America." He began by outlining his proposed reforms in pamphlets, professional journal articles, and legislative testimony, but met with a discouraging lack of interest. In 1846, Field's ideas gained wider notice with publication of a pamphlet, "The Reorganization of the Judiciary", which influenced that year's New York State Constitutional Convention to report in favor of

10283-431: The need for complete reform, which would also necessitate retraining all their lawyers and judges. Confusingly, Kansas and North Carolina have "Rules of Civil Procedure" which are actually enacted statutes, not rules promulgated by their state supreme courts. A few states have adopted the general principle that civil procedure should be established in court rules, not civil procedure statutes, but have refused to adopt

10396-443: The new Constitution was adopted with but one dissenting vote, and then adjourned. The site is now Senate House State Historic Site . The constitution was not submitted to the people for ratification, however because of the war situation. It was drafted by John Jay , Robert R. Livingston , (new Chancellor of the State of New York ), and Gouverneur Morris , who would subsequently help write the U.S. Constitution. This Constitution

10509-579: The new Constitution was rejected by the voters at the New York state election, 1869 , with 223,935 votes for and 290,456 against it. The Republican Party advocated the adoption, the Democrats the rejection of the new proposed Constitution of 1867-68, and by 1869 the Democrats had a majority in the State. Only the "Judicial Article" which re-organized the New York Court of Appeals was adopted by

10622-482: The new constitution, as amended by the convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402. There was deep division among New Yorkers over the merits of the amended constitution. Those who opposed it and who did not sign included: Supporters who signed the new constitution included: Peter R. Livingston , Alexander Sheldon , Jacob Radcliff , Peter Sharpe , Rufus King , and Nathaniel Pitcher were also among

10735-625: The new powers granted to the Court by the Act. Then in January 1935, Charles Edward Clark , the dean of Yale Law School , published an article arguing that federal procedural reform had to include a full merger of law and equity, as had occurred in many code pleading states. This article in turn inspired U.S. Attorney General William D. Mitchell to write a letter to Chief Justice Charles Evans Hughes in favor of procedural reform. The Supreme Court appointed an Advisory Committee to draft what would become

10848-525: The newly independent " State of New York " was framed by a Convention which assembled at White Plains, New York , (just north of New York City ) on Sunday evening, July 10, 1776. The city was then threatened with a British occupation by an invading British Army landing on Staten Island . There were repeated adjournments and changes of location, caused by the increasingly desperate war situation, with General George Washington 's ragged Continental Army , forced out of New York City by crushing defeats in

10961-491: The power of the state to deal with emergencies arising from any cause". Article IV states that executive branch powers are vested in the governor and lieutenant governor, who are elected jointly to serve four-year terms. The governor can veto legislative bills, is the commander-in-chief of the state's military, can convene the legislature "on extraordinary occasions", and has the power to grant pardons for all offenses except treason and impeachment. The order of succession has

11074-517: The practice at hand. On their behalf, there are numerous state and federal entities–perhaps no more so than in California–that propose intra-system or single-subject changes from time to time. But there is no ‘‘go to’’ institution with the resources to routinely canvass differences between state and federal procedure within each state. There is no evolving national database that tracks this genre of state and federal variances. An express objective of

11187-488: The proposals from the seventh Constitutional Convention of 1915 were grouped into five questions, all of which were rejected by the people. However, all was not lost. In 1925, a revised Article 5, containing many proposals from the Fifth Convention of 1915, was submitted to the people/voters and accepted in a referendum/election. In 1927, the budget proposal from the Fifth Convention was also accepted. Originally,

11300-410: The seventh Convention's proposals of 1915, were adopted separately later in 1925 and 1927. The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not actually propose an entirely new Constitution, but just substantially modified the 1894 Constitution, from the sixth Convention, which was (and is) still in force. New York's constitution consists of

11413-642: The very idea of "civil procedure" in American English , as referring to a single body of law governing the entire lifecycle of a civil action. Before him, an earlier generation of American lawyers like Joseph Story had always conceived of "pleading" and "practice" as two separate but related bodies of procedural law. By the late 19th century, lawyers were becoming very frustrated with having to follow procedures that had been obsolete in their states for decades every time they litigated actions at law in federal courts. In response, Congress finally enacted

11526-409: The whole of the political and civil codes. The commission's penal code is often misattributed to Field but it was actually drafted by William Curtis Noyes , another member of the code commission who was a former prosecutor. The codification, which was completed in February 1865, was adopted only in small part by the state of New York, but it served as a model upon which many statutory codes throughout

11639-478: Was a combination document, containing its own "Declaration of Independence" from Great Britain , and its Constitutional Law . It called for a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a governor . It retained provisions from the Colonial Charter such as the substantial property qualification for voting and the ability of the Governor to prorogue (dismiss)

11752-437: Was always constantly evolving through case law , the federal courts in that state were literally frozen in time (a concept now known as "static conformity"). The Process Acts of 1789 and 1792 did not expressly address the problem of what procedural laws to apply in the federal courts in new states that joined the Union after the original Thirteen Colonies. In 1828, Congress enacted a law which stated that such courts would follow

11865-468: Was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law. Even worse, discovery was generally unavailable in actions at law. In order to obtain discovery,

11978-569: Was born in Haddam, Connecticut on February 13, 1805. He was the oldest of the eight sons and two daughters of the Rev. David Dudley Field I , a Congregational minister and local historian, and Submit Dickenson Field. His brothers included Stephen Johnson Field , a U.S. Supreme Court Justice, Cyrus Field , a prominent businessman and creator of the Atlantic Cable , and Rev. Henry Martyn Field ,

12091-545: Was confusion and chaos in the federal courts, particularly as interstate commerce escalated with the Second Industrial Revolution and an increasing number of cases between citizens of different states were heard in federal courts under diversity jurisdiction . The glaring deficiencies in the Conformity Act, especially the assumption that a federal court would always sit in a U.S. state, caused severe problems in extraterritorial federal courts such as

12204-492: Was expected to allege the casual loss and finding of, say, a thousand tons of pig-iron ". In contrast, code pleading was supposed to be carefully designed, at least in theory, with the entire lifecycle of a case in mind so that it would be simple, elegant, and logical, and was implemented by the enacting of a "code of civil procedure" by the state legislature. At common law, procedure came first and substance came second; code pleading flipped those priorities around and focused on

12317-558: Was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members. The election of the delegates took place in August; the Convention met on the second Tuesday in October at Albany. It ended two weeks later on October 27, 1801. Among

12430-624: Was significant opposition to the new rules in Congress and hearings were held by both House and Senate committees, but the Rules Enabling Act required Congress to affirmatively override the Supreme Court's adoption of rules pursuant to the Act. Congress recessed in June 1938 with neither house having taken a floor vote on the issue, and accordingly, the FRCP automatically went into effect on September 16, 1938. The Rules unified law and equity and replaced common law and code pleading with

12543-1356: Was submitted for ratification at the New York state election, 1894 , in three parts: the new legislative apportionment; the proposed canal improvements; and 31 miscellaneous amendments to the Constitution; which were all adopted by the voters. Among the delegates were: Joseph H. Choate , President; Thomas G. Alvord , First Vice President; William H. Steele , Second Vice President; Elihu Root ; Edward Lauterbach ; Jesse Johnson ; Frederick William Holls ; Michael H. Hirschberg ; John T. McDonough ; John M. Francis ; Commodore P. Vedder ; John I. Gilbert ; Augustus Frank ; Daniel H. McMillan ; Frederic Storm ; John G. Schumaker ; John B. Meyenborg ; Almet F. Jenks ; Charles B. Morton ; William D. Veeder ; John Cooney ; Thomas W. Fitzgerald ; Wright Holcomb , De Lancey Nicoll ; John Bigelow ; Frank T. Fitzgerald ; Leonard A. Giegerich ; Joseph Koch ; Gideon J. Tucker ; M. Warley Platzek ; Jacob Marks ; Andrew H. Green ; Joseph I. Green ; Stephen S. Blake ; William Church Osborn ; Willard H. Mase ; Roswell A. Parmenter ; A. Bleecker Banks ; Abram B. Steele ; Chester B. McLaughlin ; Elon R. Brown ; Henry J. Cookinham ; John C. Davies ; Louis Marshall ; Milo M. Acker ; Merton E. Lewis ; I. Sam Johnson ; Henry W. Hill ; George Allen Davis ; and Charles J. Kurth . Major changes: Under

12656-786: Was the Duke of York , the future James II of England and James VII of Scotland and younger brother of the then- King of England , Charles II . Its Colonial Charter was under authority from the Monarch , (the King or Queen of Great Britain ) of the Kingdom of England and later of Great Britain , after the Act of Union of 1707 which united England and Wales and the formerly independent kingdom of Scotland The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for

12769-431: Was truly at issue between the parties. For example, the traditional form of action for trover was originally intended for finders, keepers situations (i.e., the plaintiff accidentally lost some property, then the defendant found it and wrongfully kept it), but was gradually expanded to many other kinds of improper takings of others' property—which are now known as conversion . Thus, in an action for trover, "a plaintiff

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