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Federal Rules of Civil Procedure (FRCP) QUESTION #3698
Question 1
In a diversity case, a federal court applies a state rule regarding the 'service of a summons' that conflicts with Rule 4 of the Federal Rules of Civil Procedure. Which should the court apply?
  • The state rule, because service of process is substantive.
  • The federal rule, because it is valid under the Rules Enabling Act and governs the procedural matter.✔️
  • The federal rule, but only if it is 'outcome-determinative'.
  • The state rule, to prevent forum shopping.
Correct Answer Explanation
Under Hanna v. Plumer, if a Federal Rule of Civil Procedure is on point and valid under the Rules Enabling Act, it applies even if it conflicts with a state rule, because it is inherently procedural.