The Puzzling Persistence of Pleading Practice

Richard Marcus

University of California Hastings College of the Law

Texas Law Review, Vol. 76, 1998

The Federal Rules of Civil Procedure, adopted in 1938, seemed designed to put an end to pleadings motions, and a 1957 decision of the Supreme Court appeared to complete that process. But as the author noted in a 1986 article, pleadings motions continued. This article traces the further evolution of pleadings practice, with particular attention to the Supreme Court's 1993 decision and the adoption by Congress of strict pleading rules in the 1995 Private Securities Litigation Reform Act. It finds that pleadings motions continue to serve valuable purposes, and that courts use a sort of common law process in developing standards for deciding them in order to further merits decisions. Accordingly, pleading practice will persist, and further amendments to the Federal Rules to modify the courts' handling of these problems seem unwarranted.

Not Available For Download

Date posted: February 1, 1999  

Suggested Citation

Marcus, Richard, The Puzzling Persistence of Pleading Practice. Texas Law Review, Vol. 76, 1998. Available at SSRN: http://ssrn.com/abstract=140419

Contact Information

Richard Marcus (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States
415-565-4829 (Phone)
415-565-4865 (Fax)

Feedback to SSRN

Paper statistics
Abstract Views: 434

© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.312 seconds