Procedural Postcard from America
American procedure has long been distinctive. It was part of the common law family of procedure, but different from the other common law countries, and even more different from the civil law countries. Gradually, the other common law countries have changed their procedures to be more similar to that...
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doaj-ee7fdbbf70914669999e7808aae35e932020-11-24T21:17:56ZengLLC V.Em Publishing Russian Law Journal2309-86782312-36052013-01-011192510.17589/2309-8678-2013-1-1-9-2550Procedural Postcard from AmericaRichard Marcus0University of California HastingsAmerican procedure has long been distinctive. It was part of the common law family of procedure, but different from the other common law countries, and even more different from the civil law countries. Gradually, the other common law countries have changed their procedures to be more similar to that in the civil law countries, which have at the same time been introducing elements that resemble some traditional features of common law procedure. In that sense, harmonization seems to be happening in the rest of the world, except America. That remains true, but ongoing procedural changes in America mean that US procedure is coming to resemble the procedure of the rest of the world a bit more than it did a generation ago. This article reports on the most recent reform package for the US federal courts, which will be under active consideration in America in 2013–2014.http://www.russianlawjournal.org/jour/article/view/56case managementdiscovery controlsproportionalitytime limits |
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DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Richard Marcus |
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Richard Marcus Procedural Postcard from America Russian Law Journal case management discovery controls proportionality time limits |
author_facet |
Richard Marcus |
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Richard Marcus |
title |
Procedural Postcard from America |
title_short |
Procedural Postcard from America |
title_full |
Procedural Postcard from America |
title_fullStr |
Procedural Postcard from America |
title_full_unstemmed |
Procedural Postcard from America |
title_sort |
procedural postcard from america |
publisher |
LLC V.Em Publishing |
series |
Russian Law Journal |
issn |
2309-8678 2312-3605 |
publishDate |
2013-01-01 |
description |
American procedure has long been distinctive. It was part of the common law family of procedure, but different from the other common law countries, and even more different from the civil law countries. Gradually, the other common law countries have changed their procedures to be more similar to that in the civil law countries, which have at the same time been introducing elements that resemble some traditional features of common law procedure. In that sense, harmonization seems to be happening in the rest of the world, except America. That remains true, but ongoing procedural changes in America mean that US procedure is coming to resemble the procedure of the rest of the world a bit more than it did a generation ago. This article reports on the most recent reform package for the US federal courts, which will be under active consideration in America in 2013–2014. |
topic |
case management discovery controls proportionality time limits |
url |
http://www.russianlawjournal.org/jour/article/view/56 |
work_keys_str_mv |
AT richardmarcus proceduralpostcardfromamerica |
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