Down Go the Forms: The Abrogation of Rule 84 and the Official Forms of the Federal Rules of Civil Procedure

The goal of the Federal Rules of Civil Procedure (the Rules) has been, since its inception in 1938, to administer “the just, speedy, and inexpensive determination of every action and proceeding.” 1 In an effort to further the purpose of the Rules and simplify access to the federal courts, Rule 84 was promulgated in 1938 as part of the original Rules to have Official Forms in the Appendix (the Forms) to illustrate the simplicity and brevity the Rules contemplate. 2 Over time, through amendments to Rule 84, the Forms became authoritative illustrations for guaranteed sufficiency under the Rules. 3 However, in response to the growing complexity of litigation and the change to the pleading standards from notice pleading to plausibility pleading announced by the Supreme Court in Bell Atlantic Corp. v. Twombly 4 and Ashcroft v. Iqbal 5 (commonly referred to as Twiqbal), the Judicial Conference recommended in September 2014 that Rule 84 and the Official Forms be abrogated through the Rules Enabling Act 6 and the