[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Federal Rules of Civil Procedure...
The best example of this can be found in Sampson v. Channell. There the court
stated that if the FRCP Rule 8(c) dealt with the issue of burden of proof in
contributory negligence defenses and burden of proof was classified as
procedural, then the Supreme Court would have presribed a rule of procedure
that federal courts would be bound by. Therefore, the federal court would no
longer be bound by the law of the state but by the procedural law mandanted in
the Federal Rules. Such is the case with Rule 23 regarding mandatory
disclosure of certain facts. Since this can be classified as procedural, the
federal court would be bound by the Federal rule regarding disclosure and
would not look to state law to decide the issue.