2. Examples of the simplicity of pleading under Rule 8 (a) are found in the Appendix of...

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2. Examples of the simplicity of pleading under Rule 8

(a) are found in the Appendix of Forms, which are set out in the Supplement following the Federal Rules of Civil Procedure;

in particular see Forms 11 and 15. Note that in 1946, Rule 84 was amended to clarify that the Forms were not mere guides but rather suffice “under the rules.” Judge Clark, one of the drafters of the Federal Rules, called the Forms “the most important part of the rules” because they illustrate with models how much detail is needed to survive a motion to dismiss.

Clark, Pleading Under the Federal Rules, 12 Wyo. L.J. 177, 181 (1958).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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