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The Other Federal Rules of Civil Procedure
Beginning of article
I. INTRODUCTION
The Federal Rules of Civil Procedure have attracted much general analysis and comment since their adoption in 1938.1 However, the rich context of common law procedural rules that function in conjunction with the 1938 Rules2 to determine the actual function of the federal district courts has not yet received any systematic analysis and comment. Among these background rules are, for example, heightened pleading requirements, the burdens of production and persuasion, and the doctrine of res judicata. These Other Federal Rules of Civil Procedure Rules are the subject of this article. My thesis is straightforward: The Other Rules interact with the 1938 Rules in such a …
