DOES A FRCP COVER THE ISSUE? YES – TRACK 1 NO – TRACK 2 WOULD A FEDERAL COURT’S DEPARTURE FROM A STATE RULE/PRACTICE BE OUTCOMEDETERMINATIVE IN LIGHT OF THE TWIN AIMS OF ERIE? DOES THE FRCP COMPLY WITH THE REA, DOES IT REALLY “REGULATE PROCEDURE”? YES THE FRCP APPLIES OVER ANY CONTRARY STATE LAW NO THE FRCP IS INVALID; GO TO TRACK 2 YES NO DOES THE OUTCOMEDETERMINIATIVE FED. DEPARTURE FROM STATE LAW/PRACTICE IMPLICATE AN ESSENTIAL CHARACTERISTIC OF THE FED. JUDICIARY? YES THE FEDERAL COURT SHOULD DEPART FROM STATE LAW/PRACTICE APPLY THE FEDERAL RULE/ PRACTICE NO APPLY THE STATE RULE/ PRACTICE -BUT ONLY TO THE EXTENT NECESSARY TO PRESERVE THE ESSENTIAL CHARACTERISTIC OF THE FEDERAL JUDICIARY -ACCOMMODATE STRONG STATE INTERESTS TO THE EXTENT POSSIBLE, CONSISTENT WITH FEDERAL INTERESTS