What is the difference between federal and state civil procedure?
The difference between federal and state civil procedure is that federal civil procedure governs lawsuits in federal court while state civil procedure governs lawsuits in state court. Federal court resolves disputes between parties from different states or involving a dispute over federal law or the U.S. Constitution. In Idaho, the state court resolves disputes between parties from Idaho or involving a dispute over state law. The rules governing the proceedings and decisions in federal court come from the Federal Rules of Civil Procedure. This set of rules was created by the Supreme Court and is interpreted by other federal courts. The rules governing the proceedings and decisions in Idaho state court come from the Idaho Rules of Civil Procedure. State procedure also takes into account the decision of the Idaho Supreme Court when interpreting laws. Other differences between federal and state civil procedure include jurisdiction—federal courts have the power to hear cases from anywhere in the country, while state courts generally can only hear cases from that particular state. Additionally, federal court has a uniform system for filing cases, while states often have more localized rules. Finally, the standard of proof used in federal and state court is different. The standard of proof in federal court is the "preponderance of the evidence" while in Idaho state court, the standard of proof is "clear and convincing evidence."
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