Editing Form of action (section)

==United States==

The forms of action survived much longer in the United States.  New York was the first to abolish them, by enacting a Code of Civil Procedure in 1850 at the suggestion of [[David Dudley Field II]].<ref name="Subrin">{{cite journal |last1=Subrin |first1=Stephen N. |title=David Dudley Field and the Field Code: A Historical Analysis of an Earlier Procedural Vision |journal=Law and History Review |date=Autumn 1988 |volume=6 |issue=2 |pages=311–373 |doi=10.2307/743686 |url=https://repository.library.northeastern.edu/files/neu:332404/fulltext.pdf|jstor=743686|hdl=2047/d20002460 |s2cid=145512997 |hdl-access=free }}</ref> Twenty-six other states eventually followed. Section 307 of the [[California Code of Civil Procedure]] is a typical example of how the forms of action were abolished in those states: "There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs."

However, the forms of action persisted in the federal courts until 1938, when the [[Federal Rules of Civil Procedure]] were promulgated pursuant to the [[Rules Enabling Act]]. Rule 2, at that time, stated: "There shall be one form of action to be known as 'civil action'." Since 35 U.S. states now use versions of the FRCP in their state courts and the remaining 15 states are all "code pleading" states,{{citation needed|date=April 2014}} the forms of action are now obsolete in the United States.