Download This PaperCalifornia-Federal Procedural Contrast: A Proposal
327 Federal Rules Decisions 1301 (2018)
48 Pages Posted: 8 Feb 2019 Last revised: 10 Feb 2019
Date Written: 2018
Abstract
No institution comprehensively identifies and monitors major differences between state and federal procedure in each state. The overwhelming majority of those differences are not rooted in constitutional or jurisdictional imperatives. This article thus launches a national project, beginning with California. Ensuing assessments would likewise spotlight major procedural differences between the two judicial systems in other states−as most are no longer Federal Rules replicas. A governmental entity, nongovernmental organization, or innovative law school could commission faculty members throughout the nation to prepare like studies. This first such contrast thus offers a prototype designed to trigger: purposeful awareness of multi-jurisdictional differences; judicious cataloging of those variances in an evolving national database; and a low cost, highly informative, methodology leading to the next milestone in American procedural reform.
Keywords: civil procedure; comparative procedure; procedural reform; Federal Rules of Civil Procedure; state civil procedure
JEL Classification: K41, K40
Suggested Citation: Suggested Citation
