So the good folks at Lake Superior State University have published their 41st annual list of banished words. So guess which word is # 1.
When the Federal Rules of Civil Procedure were first promulgated in 1937, they came with an appendix of forms. According to Rule 84, “The forms in the Appendix suffice[d] under these rules and illustrate[d] the simplicity and brevity that these rules contemplate.”
You may notice the alterations to past tense in the quotation of Rule 84. As of December 1 of this year, Rule 84 is abrogated, and the official appendix of forms is no more. Why this change? The Advisory Committee Notes for the 2015 Amendment explain:
Rule 84 was adopted when the Civil Rules were established in 1938 “to indicate, subject to the provisions of these rules, the simplicity and brevity of statement which the rules contemplate.” The purpose of providing illustrations for the rules, although useful when the rules were adopted, has been fulfilled. Accordingly, recognizing that there are many excellent alternative sources for forms, including the website of the Administrative Office of the United States Courts, the websites of many district courts, and local law libraries that contain many commercially published forms, Rule 84 and the Appendix of Forms are no longer necessary and have been abrogated. The abrogation of Rule 84 does not alter existing pleading standards or otherwise change the requirements of Civil Rule 8.