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Rule 3, The Enabling Act, And Statutes Of Limitations, David A. Dittfurth
Rule 3, The Enabling Act, And Statutes Of Limitations, David A. Dittfurth
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Rule 3 of the Federal Rules of Civil Procedure appears to be a model of simplicity and clarity. It describes the process for commencement of a civil action, and in defining “commencement” appears to provide guidance on how to begin an action which complies with a statute of limitations.
As a result of the decision in Walker v. Armco Steel Corp., that appearance is misleading regarding state statutes of limitations applicable in federal court actions brought on the basis of diversity of citizenship jurisdiction. There, the Court made reference only to state statutes of limitations, and expressly avoided deciding the …