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It seemed like a good idea at the time. And, mostly, it was. By the middle of the last century, the then-existing model of civil litigation and trials seemed as unworkable as it was unfair. Pleading rules had become too arcane, a constant trap for not just the unwary, but even the most conscientious of litigators. Cases with seeming merit went down to defeat because of a host of unmet proceduura niceties. There were little means in a case of apparent wrongdoing to get behind the surface facts and...

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