Federal Equity Rules
The Federal Equity Rules were court rules that, until 1938, governed civil procedure in suits of equity in federal courts.
Civil procedure in the United States |
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Jurisdiction |
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Venue |
Pleadings |
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Pre-trial procedure |
Resolution without trial |
Trial |
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Appeal |
The Rules were established by the United States Supreme Court which was authorized by the United States Congress to make rules governing the form of mesne process, form and mode of proceeding in suits of equity[1] and the power to proscribe form of process, mode of framing and filing of proceedings or pleading and generally regulate the whole process of suits in equity [2] Sets of rules were promulgated in 1822, 1842 (amended in 1850, 1854, 1861, 1864, 1869, 1871, 1875, 1879, 1882, 1890, 1892, 1893 and 1894),[3] and in 1912 (amended in 1924, 1930 and 1932).[4] The 1912 Rules were superseded in 1938 by the Federal Rules of Civil Procedure which were largely based on the 1912 Rules.[5][6]
References
- Revised Statutes sec.913, Act of 8 May 1792 sec.2 1 Stat. 276, Act of 15 May 1828 sec.2 4 Stat. 278,
- Revised Statutes sec. 917, Act of 23 Aug. 1848 sec 6 5 Stat. 518
- Hopkins, James Love (1913). The New Federal Equity Rules. The W.H. Anderson company.
- Twenty Years Under Federal Equity Rules, Wallace R. Lane, Harvard Law Review Vol.46 No.4 (Feb. 1933) pp.638-675
- "Federal Rules of Civil Procedure".
- How Equity Conquered the Common Law: The Federal Rules of Civil Procedure, Stephen N. Subrin, University of Pennsylvania Law Review Vol.135 No. 4 (April 1987) pp.909-1002