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