In contrast to the 1792 Process Act, which directed federal courts to follow the procedures of state courts as they existed in 1789 (subject to whatever exceptions the courts might choose to make), the Conformity Act instructed the federal courts that their procedure in suits at common law should “conform, as near as may be” to the state court procedures “existing at the time.” The flexibility to follow current state procedure as it evolved was significant, as many states in the latter half of the nineteenth century were adopting codes of civil procedure designed to make the litigation process more straightforward.

See also:

Pre-1934 Rulemaking