§ 1652. State laws as rules of decision

Statutory text

The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1652
(June 25, 1948, ch. 646, 62 Stat. 944.)
Source evidence
Code source credit
(June 25, 1948, ch. 646, 62 Stat. 944.)

0 of 1 references resolved to an enrolled provision · 1 partial

Notes

Historical Revision Notes

Based on title 28, U.S.C., 1940 ed., § 725 (R.S. § 721).

“Civil actions” was substituted for “trials at common law” to clarify the meaning of the Rules of Decision Act in the light of the Federal Rules of Civil Procedure. Such Act has been held to apply to suits in equity.

Changes were made in phraseology.

Credits

(June 25, 1948, ch. 646, 62 Stat. 944.)