About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most