Title 28, Judiciary and Judicial ProcedureRelease 119-102

§1652 State Laws as Rules of Decision

Title 28 › PART V — PROCEDURE › CHAPTER 111 — GENERAL PROVISIONS › § 1652

Last updated Aug 21, 2026|Official source

Summary

Federal courts use state law for civil cases unless the U.S. Constitution, treaties, or federal laws override.

Full Legal Text

Title 28, §1652

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.

Legislative History

Notes & Related Subsidiaries

Historical Revision NotesBased on title 28, U.S.C., 1940 ed., § 725 (R.S. § 721). “Civil actions” was substituted for “trials at common law” to clarify the meaning of the Rules of Decision Act in the light of the Federal Rules of Civil Procedure. Such Act has been held to apply to suits in equity. Changes were made in phraseology.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1652

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102