University of Denver

America’s Ailing Civil Justice System

The Diagnosis and Treatment of the Federal Rules of Civil Procedure

This article provides a brief overview of the history of the Federal Rules of Civil Procedure, the challenges that have plagued American civil procedure over the past seven decades, and the various approaches that have been employed—often unsuccessfully—to remedy those problems.

The article also presents different, alternative approaches and considers the issues of experimentation. This article is intended to serve as a starting point for further discussion.