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| Joined: | Mon Nov 21st, 2005 |
| Location: | California USA |
| Posts: | 6399 |
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Our practice and procedure, as well as our substantive law, came to us as a part of the common law of England. It seems to be the popular impression that common law procedure was judge made procedure. It was, in fact, neither a set of rules made by courts nor a code adopted by a legislative body. Instead, it was a conglomeration of legislative enactments, rules and orders of courts, ancient usages, and judicial decisions; the haphazard growth of six centuries. Because it was a patchwork which had been patched until it could not be made suitable for modern conditions by more patching, it was finally superseded, about the middle of the last century in most American jurisdictions, by statutory codes fundamentally changing the whole system.
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