Choice of Law: Substance vs. Procedure

Question 1

What procedural law do federal courts use?

Answer 1

Generally, courts use their own law for procedural issues.

Question 2

What substantive law do federal courts use?

Answer 2

Generally, courts use the law of other jurisdiction for substantive issues.

Question 3

In most jurisdictions, is the statute of limitations a substantive or procedural law?

Answer 3

Most jurisdictions treat statute of limitations issues as procedural for choice of law purposes. (i.e., they apply the law of the forum to statute of limitations issues).