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1964 Rep. Advisory Comm. on Civ. Rules 1 (1964)

handle is hein.usfed/adcvru0011 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OP THE JUDICIAL CONFERENCE OF THE UNITED STATE5 SUPREME COURT BUILDING WASHINGTON 25, D. C. ALBERT B MARIS CHAIR MAN January 1, 1964 CHAIRMEN OF ADVISORY COMMITTEES DEAN ACHESON CIVIL RULES PHILLIP FORMAN BANKRUPTCY RULES JOHN C PICKETT CRIMINAL RULI WALTER L POPE ADMIRALTY RULtB E BARRETT PRETTYMAN APPELLATE RULES TO THE CHAIRMAN AND MEMBERS OF THE COMMITTEE ON RULES OF PRACTICE AND PROCEDURE: At your first meeting, December 22, 1959, you unanimously resolved to request the Advisory Committee on Admiralty Rules to conduct a pre- liminary study with respect to the advisability of adopting the proposal that the admiralty procedure be integrated into the civil procedure and to report thereon before proceeding to draft admiralty rules. On August 13, 1962, we reported to you that it is the sense of this Committee that uni- fication is both feasible and desirable, with the inclusion of certain rules for dealing with special admiralty proceedings. We now recommend the adoption of certain amendments to the Federal Rules of Civil Procedure necessary to effectuate a plan of unification, together with a set of Sup- plemental Rules for Certain Admiralty and Maritime Cases. The Rules of Practice in Admiralty and Maritime Cases, dating from 1845, have never been a comprehensive code of procedure. Yet those rules, supplemented by case law and by tradition, formed the core of a practice which in the federal courts was long and justly cherished for its relative liberality, flexibility, and adaptation to the ends of substantial Justice. With the promulgation of the Federal Rules of Civil Procedure in 1938, however, the relative position of the admiralty practice in federal civil litigation was materially altered. The distinction between actions at law and suits in equity was abolished, and a modern, comprehensive sys- tem of procedure, designed above all to secure the just, speedy, and inexpensive determination of every action, was established. In the light of the Civil Rules the need for modernization and supplementation of the Admiralty Rules became apparent. Some of the notably successful procedures established by the Civil Rules were formally incorporated into the Admiralty Rules; others were adopted for the admiralty practice by exercise of the rule-making power of the district courts; still others pro-

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