David Dudley Field II

David Dudley Field II (February 13, 1805 – April 13, 1894) was an American lawyer and law reformer who made major contributions to the development of American civil procedure. His greatest accomplishment was engineering the move away from common law pleading towards code pleading, which culminated in the enactment of the Field Code in 1850 by the state of New York.

In 1877, he also served briefly as a U.S. Representative from New York's 7th congressional district.

Field was born in Haddam, Connecticut on February 13, 1805. He was the oldest of the eight sons and two daughters of the Rev. David Dudley Field I, a Congregational minister and local historian, and Submit Dickenson Field. His brothers included Stephen Johnson Field, a U.S. Supreme Court Justice, Cyrus Field, a prominent businessman and creator of the Atlantic Cable, and Rev. Henry Martyn Field, a prominent clergyman and travel writer. He was also the uncle of U.S. Supreme Court Justice David Josiah Brewer.

He graduated from Williams College in 1825, studied law with Harmanus Bleecker in Albany, and settled in New York City. After his admission to the bar in 1828, he rapidly won a high position in his profession. He joined the law office of Henry and Robert Sedgwick, of the prominent Sedgwick family, and became a partner in the firm after Robert died.

In 1829, Field married Jane Lucinda Hopkins, with whom he had three children: Dudley, Jeanie Lucinda, and Isabella. After his wife's death in 1836, Field remarried twice, first to Harriet Davidson (d. 1864) and second to Mary E. Carr (d. 1874). The eldest child, Dudley Field, followed in his father's footsteps and studied law. He was made a partner in his father's practice in 1854.^{[citation needed]} Jeanie Lucinda married an Antigua-born British imperial civil servant, Anthony Musgrave, and became a promoter of charitable projects in British colonies.

After having practiced law for several years, Field became convinced that the common law in America, and particularly in New York state, needed radical changes to unify and simplify its procedure. 1836 was particularly devastating for Field: his first wife, youngest child, and one of his brothers all died in the same year. To cope with his grief, he paused his law practice, traveled to Europe for over a year and focused on investigating the courts, procedure, and codes of England, France and other countries. He then returned to the United States and labored to bring about a codification of its common law procedure. Upon returning, he also established his own law firm, in which he was joined by his brothers Stephen and Jonathan.

Much of Field's ideas on codification and the civil procedure rules were based on the 1825 Louisiana Code of Procedure. The Louisiana code was drafted by jurists including Edward Livingston, Louis Lislet (1762–1832), and Pierre Derbigny. In turn, the Louisiana code was inspired by French (including the French Code of Civil Procedure of 1806), Spanish, and Roman law, the common law tradition, and Livingston's Louisiana Practice Act of 1805. European civil law thus influenced American civil procedure, partially through the intermediary of Louisiana.

Livingston helped to prepare criminal and civil codes for Louisiana, and Field's personal papers at Duke University Libraries reveal that he had read Livingston's 1825 report on the Louisiana Civil Code. Field was also influenced by criticism of the common law by his law partner Henry Sedgwick, as well as lawyer William Sampson.