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. 23 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, the forms of action are now obsolete in the United States.
Read more about this topic: Form Of Action
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