Back to Questions
The Title 28 of the United States Code QUESTION #3706
Question 1
In a diversity case, the federal court must apply a state law that requires a physical examination of the plaintiff. Federal Rule of Civil Procedure 35 also allows for physical examinations but has slightly different procedural requirements regarding notice. Which rule should the federal court follow?
  • The state law, because physical exams are 'outcome-determinative' under York.
  • The federal rule, because it is a valid exercise of the Rules Enabling Act and directly conflicts with state law.✔️
  • Neither; the court should create a 'federal common law' of examinations.
  • Both; the court must synthesize them to respect state sovereignty.
Correct Answer Explanation
Under Hanna v. Plumer, if a Federal Rule of Civil Procedure (FRCP) is valid and on point, it trumps conflicting state law, even if that state law is substantive in nature or outcome-determinative.