Berk v. Choy · ¶36

Defendants do not contend otherwise. Instead, they argue that determining whether a Rule is valid under the Rules Enabling Act requires asking a second question: whether the displaced state law is substantive. We rejected that approach eight decades ago and decline to reconsider it now. See Sibbach, 312 U. S., at 14. On the contrary, we underscore that “the substantive nature of [a state] law, or its substantive purpose, makes no difference.” Shady Grove, 559 U. S., at 409 (plurality opinion). To determine whether a Rule is valid under the Rules Enabling Act, the only question is whether it “really regulates procedure.” Sibbach, 312 U. S., at 14. Rule 8 does, so it governs, and Delaware's affidavit law does not apply in federal court.

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