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Stephen's works were: [1] A Treatise on the Principles of Pleading in Civil Actions: comprising a Summary of the whole Proceedings in a Suit of Law, 1824, 1827, 1834, 1838, 1843, 1860 (by J. Stephen and F. F. Pender); and 1866 (by F. F. Pender); eight American editions from 1824 to 1859.
An additional claim is treated as a normal claim unless Part 20 otherwise provides, so the rules on contents of claim forms, Particulars of Claim, Defences and Replies apply accordingly, [14] although the title of the statement of case should be modified to make clear who is pleading, and which statement of case, if any, is being responded to.
Principles of Pleading. 1819. 8vo. Scheme of a Digest of the Laws of England, with Introductory Essays on the Science of Natural Jurisprudence. 1820. 8vo. Reports in Equity. 1821. 2 vols. 8vo. Analytical Digest to the Term Reports and others. 1824, second edition. 8vo. New edition, 1827.
Due to the exacting nature of legal forms and the time and effort required to prepare legal documents, form books were created as an aid in the drafting process. [3] These books conserve time and serve as a reference to attorneys and law students seeking to use them in their practice.
Notice pleading is the dominant form of pleading used in the United States today. [2] In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2]
Code pleading sought to abolish the distinction between law and equity. [7] It unified civil procedure for all types of actions as much as possible. The focus shifted from pleading the right form of action (that is, the right procedure) to pleading the right cause of action (that is, a substantive right to be enforced by the law). [8]
Early federal and state civil procedure in the United States was rather ad hoc and 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.
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