Monday, January 13, 2014

Coleman on the Abrogation of Rule 84 and the Appendix of Forms

Brooke Coleman (Seattle) has just posted an essay entitled Abrogation Magic: The Rules Enabling Act, Civil Rule 84, and the Forms on SSRN.  Here is the abstract:

The Committee on the Federal Rules of Practice and Procedure seeks to abrogate Federal Rule of Civil Procedure 84 and its attendant Official Forms.  Poof—after seventy-six years of service, the Committee will make Rule 84 and its forms disappear.  This Essay argues, however, that like a magic trick, the abrogation sleight of hand is only a distraction from the truly problematic change the Committee is proposing.  Abrogation of Rule 84 and the Official Forms violates the Rules Enabling Act of 1934.  The Forms are inextricably linked to the Rules; they cannot be eliminated or amended without making a change to the Rules to which they correspond.  Yet, the proposal to abrogate Rule 84 and the Forms has received little attention, with commenters instead focused on proposed discovery amendments.  This Essay argues that inattention to the proposed abrogation of Rule 84 and the Forms is a mistake, and that the Forms should not just disappear.

This piece may be downloaded by visiting  SSRN:


At 10:26 AM, Blogger John Bond said...

I'm looking for someone to talk to me about Civil Litigation in Hickory. It would be a big help because I'm not sure what it is. Though I have been told I need to look into it. Can anyone give me a short explanation?
John Bond |

At 4:19 PM, Blogger Jim Stout said...

It is interesting that they came to this conclusion. That is the cool thing about civil litigation. You never quite know how the chips are going to fall in the end.

At 5:39 PM, Anonymous Anonymous said...

Is there also a discussion regarding local civil rule modification of FRCP? Thanks

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