the common law or code pleading, but they merely had to state them in a
from code pleading in the 1930s, and code pleading represented a break
facts, evidentiary facts, and legal conclusions made code pleading a
Notice pleading arose out of a long history that evolved from the highly technical common-law pleading system inherited from England, (10) and the subsequent code pleading system adopted in about half of the states by the year 1900.
Clark, the principal drafter of the Rules, defined the change as a simplified code pleading system primarily designed to promote fact pleading, which placed a "great emphasis" on stating the facts of the case.
By omitting any reference to "facts" the Federal Rules have avoided one of the most controversial points in code pleading.
74) See CLARK, supra note 65, at 153-55 (describing inconsistent results); see also 5 WRIGHT & MILLER, supra note 16, [section] 1218, at 265 (noting the "evanescent judicial distinctions" and "ultimate calcification," as well as "traps for the unwary" and "tactical advantages" unrelated to the merits, that the code pleading rules created).