NOTES TO RULE 1

HISTORY:  (Amended Oct. 20, 1949; July 1, 1966; Dec. 1, 1993)

Notes of Advisory Committee on Rules.

1. Rule 81 states certain limitations in the application of these rules to enumerated special proceedings.

2. The expression "district courts of the United States" appearing in the statute authorizing the Supreme Court of the United States to promulgate rules of civil procedure does not include the district courts held in the Territories and insular possessions. See Mookini et al. v United States, 303 US 201, 58 S Ct 543, 82 L Ed 748 (1938).

3. These rules are drawn under the authority of the act of June 19, 1934, USC, Title 28, formerly § 723b (now § 2072) (Rules in actions at law; Supreme Court authorized to make), and formerly § 723c (now § 2072) (Union of equity and action at law rules; power of Supreme Court) and also other grants of rule making power to the Court. See Clark and Moore, A New Federal Civil Procedure--I. The Background, 44 Yale LJ 387, 391 (1935). Under former § 723b (now § 2072) after the rules have taken effect all laws in conflict therewith are of no further force or effect. In accordance with former § 723c (now § 2072) the Court has united the general rules prescribed for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both. See Rule 2 (One Form of Action). For the former practice in equity and at law see USC, Title 28, formerly §§ 723 and 730 (now §§ 2071--2073) (conferring power on the Supreme Court to make rules of practice in equity) and the former Equity Rules promulgated thereunder; USC, Title 28, former § 724 (Conformity Act): former Equity Rule 22 (Action at Law Erroneously Begun as Suit in Equity--Transfer); former Equity Rule 23 (Matters Ordinarily Determinable at Law When Arising in Suit in Equity to be Disposed of Therein); USC, Title 28, former §§ 397 (Amendments to pleadings when case brought to wrong side of court), and 398 (Equitable defenses and equitable relief in actions at law).

4. With the second sentence compare USC, Title 28, former §§ 777 (Defects of form; amendments), 767 (Amendment of process); former Equity Rule 19  (Amendments Generally).

Effect of 1948 amendment.

The amendment, effective Oct. 20, 1949, substituted the words "United States district courts" for the words "district courts of the United States".

Notes of Advisory Committee on 1966 amendments to Rules.

This is the fundamental change necessary to effect unification of the civil and admiralty procedure. Just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty. See also Rule 81.

Notes of Advisory Committee on 1993 amendments to Rules.

The purpose of this revision, adding the words "and administered" to the second sentence, is to recognize the affirmative duty of the court to exercise the authority conferred by these rules to ensure that civil litigation is resolved not only fairly, but also without undue cost or delay.  As officers of the court, attorneys share this responsibility with the judge to whom the case is assigned.