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.
David E. Seidelson,
The Federal Rules of Evidence and the Discrimination Selection of Forum,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol23/iss3/5