Duquesne Law Review


Under the Federal Rules of Evidence the opportunity for an attorney to engage in a discriminating selection of forum arises in several instances. For example, where diversity jurisdiction would be available and the evidentiary results achieved by a state court and a diversity court sitting in that state would be different, the attorney may elect whether to assert diversity jurisdiction. Likewise, in the instance of a federal cause of action, where different circuits have interpreted one of the Federal Rules differently, the attorney may have the opportunity of selecting a federal district court sitting in the circuit possessing the most favorable interpretation. The author discusses these and other instances with the goals both of aiding the practitioner in making a more advantageous selection of court, and of enhancing the court's ability to assure the legitimacy of the advantages sought.

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