Home > Journals > WMLR > Vol. 65 (2023-2024) > Iss. 5 (2024)
William & Mary Law Review
Abstract
The Federal Rules of Civil Procedure have issues—148 issues to be exact. Although the Rules use the term “issue” throughout their text, they do not use it in the same way each time. In some circumstances, the meaning of “issue” is made clear by surrounding context, minimizing any interpretive difficulty. But sometimes context does not clarify the term’s meaning, creating interpretive challenges. This Article argues that the ambiguous term “issue” found in Federal Rules of Civil Procedure 50 and 52 is best read to mean a “dispute of fact.” This reading best comports with judicial interpretations of Rules 50 and 52, best fits their history and purpose, and best connects them with conceptually related rules of civil procedure. In order to eliminate the ambiguity of the term “issue”—and avoid future interpretive difficulties—Rules 50 and 52 should be amended to clarify their meaning.