From JD Supra:
Given the potentially outcome altering implications the applicable rules of procedure can have on a matter, a complete understanding of the differences between the various rules of procedure that could apply to a case is an invaluable asset. A strong grasp of the difference between the procedural mechanisms available requires more than a superficial knowledge of the difference between the language used in the procedural rules of different forums. Accordingly, this paper will begin with an examination of the foundational principles and goals that result in the divergence between state and federal procedural rules. Next this paper will provide a chart explaining some of the areas where differences exist between the rules applicable in state and federal courts. Lastly, the paper will conclude with an in-depth examination of the most recent changes to the Federal Rules of Civil Procedure, their impact on the discovery process in federal court cases, and suggestions for employing the new changes for the greatest advantage.