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substance vs. procedure

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 326 U.S. 99 - Guaranty Trust Co. v. York · 1945Most cited · 2,306 citing opinions

Erie context

The question is whether such a statute concerns merely the manner and the means by which a right to recover, as recognized by the State, is enforced, or whether such statutory limitation is a matter of substance in the aspect that alone is relevant to our problem, namely, does it significantly affect the result of a litigation for a federal court to disregard a law of a State that would be controlling in an action upon the same claim by the same parties in a State court?

How often courts cite the case defining “substance vs. procedure”

194019601980200020202030768

Court decisions citing the opinion that defined “substance vs. procedure” — 3,950 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.