The Federal Rules of Civil Procedure (FRCP) outline procedures in civil matters in U.S. District (federal) courts. These rules are initiated by the U.S. Supreme Court in accordance with the Rules Enabling Act, then Congress has a period of seven months to veto the rule or it becomes law. The Federal Judiciary has a Judicial Conference, which typically recommends changes to the rules. Federal courts must apply individual state laws when deciding cases; however, if state law is ambiguous, the FRCP can also be referenced. The majority of states have rules based on the FRCP to some extent.
The FRCP was implemented in 1938 as a replacement for the Federal Equity Rules and Conformity Act. This Act held that procedure conformed to state Field Code along with some common law doctrine. When reading the FRCP, corresponding notes are attached to all changes that assist with interpretation. In 2006, significant changes were made in order to adapt to the usage of electronic records. In 2007, the entire FRCP was rewritten exclusively for the purpose of making it easier to comprehend. This was conducted by a committee in conjunction with the editor of Black’s Law Dictionary. Old common-law phrases and terminology were very formal and technical; in contrast, the FRCP is constructed based on notice pleading, which is far less formalized.
Notice pleading does not require that a plaintiff’s claim adhere specifically “word-for-word” to each legal term, rather that legally the claim is actionable. The focus is to provide formal notice of grievances, without having to go into great detail that can be done later in the proceeding as necessary. Thirty-five states have implemented codes of procedure according to Federal Rules, with minor differences. California is an example of a state that uses code-based pleading that borrows old common law systems along with aspects of notice pleading. Code pleading requires that the party provide their entire case with supporting allegations and facts, in sharp contrast to the simplistic and short statements required in notice pleading.
The Colorado Supreme Court is responsible for the Colorado Rules of Civil Procedure used in state courts. Many of these rules are quite similar to the FRCP. Although Colorado federal courts are generally based on the Colorado law, there are exceptions. It is possible that cases in Colorado’s state or federal courts may be guided by the law of another state if the parties to a contract entered it with the intention of applying the laws of another state.
Clients in Colorado will benefit from the focused scope of practice at The Law Firm of Jeremy Rosenthal. Many attorneys who handle matters of personal injury maintain a practice that handles a host of other areas of law such as family practice, commercial litigation, criminal defense, etc. If you have been the victimized by the negligence of another party, you owe it to yourself to retain specialized counsel that exclusively focuses on personal injury, wrongful death and product liability. Contact the office today for a consultation at (303) 825-2223.