What is the difference between federal and state civil procedure?
The primary difference between federal and state civil procedure is the source of the laws governing each. Federal civil procedure is created and defined by the federal government, while state civil procedure is created and defined by individual states. In Massachusetts, state civil procedure is governed by the Massachusetts Rules of Civil Procedure. Federal civil procedure applies to cases involving the federal government, as well as cases that involve parties from different states (known as “diversity” cases). State civil procedure applies to cases between parties who are from the same state. Another key difference between federal and state civil procedure is the amount of time that cases take to be decided. Federal civil procedure generally takes longer than state civil procedure, given the complexity of the laws governing cases in federal court. In Massachusetts, the state Rules of Civil Procedure provide specific guidelines for civil procedure in state court proceedings. Finally, the two systems have different rules for service of process and the filing of pleadings. In federal court, service of process must be made according to the Federal Rules of Civil Procedure, and pleadings must be filed pursuant to the applicable federal rules. In Massachusetts, service of process must be made according to the Massachusetts Rules of Civil Procedure, and pleadings must be filed pursuant to state rules.
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