Procedural vs. Substantive Rules

Question 1

What is the general difference between procedural and substantive rules?

Answer 1

In general, rules governing rights inside the court are procedural, while rules governing rights and obligations outside the court are substantive laws

Question 2

Is statute of limitations substantive or procedural?

Answer 2

Generally procedural, with exception regarding certain wrongful death statutes

Question 3

In what circumstances is a statute of limitations law substantive?

Answer 3

Wrongful death statutes that conditions recovery on a time fixed in the statute are substantive laws

Question 4

Are rules of evidence substantive or procedural?

Answer 4

Procedural

Question 5

When are rules of evidence substantive?

Answer 5

When evidentiary ruling would be “outcome determinative” it will be considered substantive

Question 6

Are burdens of proof procedural or substantive?

Answer 6

Procedural

Question 7

Is a rebuttable presumption procedural or substantive?

Answer 7

Procedural

Question 8

Is a conclusive presumption procedural or substantive?

Answer 8

Substantive

Question 9

Is the parol evidence rule procedural or substantive?

Answer 9

Substantive

Question 10

Is the statute of frauds procedural or substantive?

Answer 10

Substantive