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0 tracked cards Supplemental - Not MEE July 2026

In a diversity case, a valid Federal Rule of Civil Procedure directly answers how a pleading must be served. A state statute would require a different method of service for the same pleading.
Which rule should the federal court generally apply?

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The Federal Rule controls only if it produces the same outcome as the state rule. The defendant chooses between the state rule and the Federal Rule. The court applies whichever rule was enacted first. The Federal Rule generally controls if it directly answers the question and is valid under the Rules Enabling Act and Constitution.

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