Federal Vs State -Civil Procedure

[Davidalan1021]

Do the Federal Rules of Civil Procedure supersede State Rules of Civil Procedure or is just determined by if your in a federal or state court?

 

[Just Blue]

Do the Federal Rules of Civil Procedure supersede State Rules of Civil Procedure or is just determined by if your in a federal or state court?

Sorry, We don't do hypotheticals or homework.

 

[Davidalan1021]

Got to love a razor tongue. Let me be more specific then. When it comes to Rule 62 Automatic Stay of a Judgement it was recently modified in the Federal Rules of Civil Procedure to 30 days. States Rules of Civil procedure, which is adopted and promulgated by the Supreme Court has (not yet) changed and still states 14 days. Can Federal Law supersede State when it comes to this? Then in general, does Federal Rule Supersede State Rule or is it always just dependent on where your case is being heard?

 

[Taxing Matters]

Got to love a razor tongue. Let me be more specific then. When it comes to Rule 62 Automatic Stay of a Judgement it was recently modified in the Federal Rules of Civil Procedure to 30 days. States Rules of Civil procedure, which is adopted and promulgated by the Supreme Court has (not yet) changed and still states 14 days. Can Federal Law supersede State when it comes to this? Then in general, does Federal Rule Supersede State Rule or is it always just dependent on where your case is being heard?

This is something that pro se litigants often stumble on — the difference between procedural rules and substantive law. Rules of procedure are the rules that govern the process of litigation for the particular court that uses them. The Federal Rules of Civil Procedure (FCRP) are rules that govern how litigation is done in most federal courts. (Though not all federal courts. For example, the U.S. Tax Court has its own rules of procedure.) The FRCP does not apply to litigation in state courts unless a state has decided to adopt them as their own rules of procedure. No state simply adopts the FRCP as their rules of procedure. They each promulgate their own rules of procedure. A number of states do pattern much of their own rules after the FRCP, but those are still the state's rules. The FRCP therefore does not trump state rules of procedure for state courts. If a state has patterned its own rule to match the FRCP and that FRCP rule changes, that change at the federal level does not automatically change the state court rule. The state has to decide for itself whether it likes the change and if it does, it will amend its own rule accordingly. But until then you continue to use the state rule as it is when in state court.

 

[Davidalan1021]

Got it. Thank you.