1 Substance and procedure

In a case with a foreign element, the court applies its own procedure and, if the conflict rules say so, a foreign law to the substance. The distinction is therefore load-bearing: whether a rule is classified as procedural decides whether the forum applies its own rule or the foreign one. Usually proceduralUsually substantive Service of process, pleadings, time limits for steps in the actionRights and liabilities, capacity, formal validity of a marriage Mode of proof, admissibility of evidence, burden of proofLimitation periods that extinguish the right (in many systems) Remedies available and their extentThe measure of damages as a matter of right Limitation is the classic borderline: a period that merely bars the remedy is procedural; one that extinguishes the right is substantive. The classification decides whether a claim survives a forum change.