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Hanna v. Plumer, 380 U.S. 460 (1965)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hanna v. Plumer, 380 U.S. 460 (1965)
Hanna v. Plumer No. 171 Argued January 21, 1965 Decided April 26, 1965 380 U.S. 460
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
In a civil action in a federal court where jurisdiction is based upon diversity of citizenship, service of process shall be made in the manner set forth in Federal Rule of Civil Procedure 4(d)(1), rather than in the manner prescribed by state law.
(a) Rule 4(d)(1) is authorized by the Rules Enabling Act. Pp. 464-465.
(b) Even if there were no Federal Rule of Civil Procedure making it clear that in-hand service is not required in diversity actions, it is doubtful that Erie R. Co. v. Tompkins, 304 U.S. 64, and the line of cases following it would have obligated the District Court to follow the Massachusetts in-hand service procedure. The "outcome determination" test of Guaranty Trust Co. v. York, 326 U.S. 99, was never intended to be a talisman, but must be read in light of the policies underlying the Erie rule -- discouragement of forum shopping and avoidance of inequitable administration of the laws. Pp. 466-469.
(c) In any event, the rule of Erie and its progeny does not constitute the appropriate test of the validity, and therefore the applicability, of a Federal Rule of Civil Procedure. Pp. 469-474.
(d) Rule 4(d)(1) does not exceed the constitutional bounds to which the Erie opinion alluded. The constitutional provision for a federal court system carries with it congressional power to make rules governing the practice and pleading in federal courts. Pp. 471-472.
331 F.2d 157 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Hanna v. Plumer, 380 U.S. 460 (1965) in 380 U.S. 460 380 U.S. 461. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FNRM41IL67VTHZE.
MLA: U.S. Supreme Court. "Syllabus." Hanna v. Plumer, 380 U.S. 460 (1965), in 380 U.S. 460, page 380 U.S. 461. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FNRM41IL67VTHZE.
Harvard: U.S. Supreme Court, 'Syllabus' in Hanna v. Plumer, 380 U.S. 460 (1965). cited in 1965, 380 U.S. 460, pp.380 U.S. 461. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FNRM41IL67VTHZE.
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