Questions tagged [federal-courts]

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1answer
30 views

Would a Notice of Entry of Appearance be required in federal bankruptcy case going pro se?

Let's say someone were to initiate a Chapter 13 bankruptcy in federal court of course. And they had an attorney prepare the filing and take the case through confirmation. But a while later, the ...
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1answer
54 views

Service of Process to the Deceased

Hypothetically speaking; One party to a lawsuit is dismissed. A year later Notice of Appeal if filed and service of same is sent to the dismissed party via standard mail. Then a month later the ...
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Converting a motion to dismiss to a motion for summary judgment under FRCP Rule 12(d)

This question concerns Rule 12(d) of the Federal Rules of Civil Procedure: "Result of Presenting Matters Outside the Pleadings. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the ...
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1answer
65 views

moving to dismiss a count in an amended complaint although “answered” in the original complaint

Hypothetical scenario: Plaintiff files a complaint having three counts A,B, and C. Defendant files an answer to counts A,B and moves to dismiss count C for failure to state a claim. On Plaintiff's ...
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1answer
607 views

What law grants life tenure to federal judges in the US?

In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says: The Judges, both of the supreme and inferior Courts, shall hold their ...
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28 views

Can one get information about US federal misdemeanor citations?

According to New Hampshire Public Radio, in June 2019, Officials with U.S. Customs and Border Protection issued tickets to 29 people for alleged immigration violations at a checkpoint on I-93 near ...
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1answer
31 views

Filing a Federal Criminal (not Civil) Complaint

I want to file a Federal criminal (not civil) complaint in California under... Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 Frauds and swindles - https://www.law....
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31 views

Appeal from District Court (in San Diego, CA) to a Bankruptcy Court ruling

If an appeal to a Bankruptcy Court ruling on an adversary proceeding complaint is appealed to District Court and you want to appeal the District Court decision, where do you file an appeal to the ...
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2answers
90 views

Are there any circumstances under which a federal court order may be lawfully ignored?

Question is in the title. Another formulation: Are there any circumstances under which a defendant may lawfully decline to comply with a federal court order? A sort of mini-appeal process, if you will?...
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44 views

What is proper use of FRCP 59(e) motion to amend?

Several 12(b)(6) motions are granted over the course of a couple years. cc A 12(b)(6) motion against the last two claims is granted which created a final judgment. cc Can a FRCP 59(e) motion to amend ...
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2answers
91 views

Can a prosecutor add evidence to increase punishment after a guilty plea is entered?

My next question is, after a defendant is indicted can the prosecutor keep adding to the case just so that they can increase the defendant guidelines? And after the defendant pleas guilty, can they ...
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1answer
61 views

What percentage of a Qui Tam is recovered?

In the case of a Qui Tam filing with the United States attorneys office what percentage of the recovered damages go to the person that filed with the office?
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1answer
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Can Rule 15(c)(1) be used by original parties to defeat a timely claim?

I am currently in a scenario analogous to this one: Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir). 1.) Plaintiff brings a suit against party A before ...
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3answers
197 views

What is law of the case in the us federal court system for district court judges?

Someone recently brought up the apple fbi phone unlock case and I, not being a lawyer, got curious about whether, if a final decision had been reached by that judge, what exactly that would mean. That ...
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1answer
208 views

AG's and indictments

I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments? I've been trying to find out here, but I'...
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1answer
89 views

Why does the District of Columbia have its own Court of Appeals?

Geographically, it looks like DC should be part of the Fourth Circuit. With such a small population, only about 3% of what the other Circuits have jurisdiction over, why does it get its own?
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1answer
88 views

Amending Motions

CM/ECF (The Electronic Filing System used by federal courts) has a section for "amended motions". What are the circumstances under which a party could amend a motion? In federal court, can one amend a ...
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4answers
17k views

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
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61 views

Defendants terminated v. dismissed

Suppose a civil lawsuit with multiple defendants. Some defendants are dismissed before judgment and some are not. Why would the docket list some of the dismissed defendants as "terminated" and ...
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0answers
14 views

Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?

In the federal arena, absent some local rule, is there any reason why a person could not serve, say 2/25 questions at one point in discovery and then the remaining questions at some later point? In ...
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1answer
57 views

Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?

Suppose a US federal attorney/prosecutor brought a case before a US federal court and the defendant is accused of committing a federal crime. The law says that the defendant can be imprisoned up to 5 ...
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75 views

Jurisdiction vs. Venue in Federal Courts?

I'm trying to understand the distinction between jurisdiction and venue. I think any federal district court would have jurisdiction over a matter I'm considering both under federal question and ...
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2answers
35 views

motion practice and timeliness

If a defendant does not timely reply to a response, then a judge orders the defendant to file a reply within x amount of days; is that prejudicial to the responding party? Prejudicial to plaintiff ...
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2answers
1k views

Under what circumstances is the writ of mandamus normally used?

Currently the State of Maryland and the District of Columbia are pursuing a case against the President of the United States regarding alleged violations of the emoluments clause. As described by ...
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1answer
233 views

What if someone put a non-lethal “bomb” im a package addressed to them to get back at a mail stealing thief

Already I know this is a bad idea. Someone keeps stealing my friends packages that were left on their doorstep. They had the bright idea of rigging a smoke bomb or itching powder bomb or something ...
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1answer
38 views

Multiple “not more than”-style offenses in sentencing guidelines

Federal sentencing guidelines tend to use 'not more than' x amount of time in what I assume is a reverse mandatory minimum, disallowing a judge from 'throwing the book' at the offender. However, some ...
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2answers
102 views

discovery objections

suppose a party is seeking discovery on an opponent. The opponent refuses to answer discovery because they say "irrelevant, not related to the claims". If the opponent does that on interrogatories ...
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1answer
50 views

How does Judge Boasberg’s court order affect asylum seekers who crossed the border illegally?

If someone comes to America seeking asylum, the first step is for them to have a Credible Fear interview with a USCIS Asylum Officer to find out if they have a credible fear of persecution if they ...
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1answer
48 views

Details on federal appeal options

Federal Rules of Civil Procedure. Appeals under, 28USC1292(b) states that an "application" must be made ... What does "application" mean in this rule?
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1answer
243 views

Do complaints under the Privacy Act of 1974 need to be made in local court first?

In cases where a complaint involves a US Federal law, like the Privacy Act of 1974, does the petitioner need to file the complaint first in a local (state) court, or can the petitioner file ...
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1answer
41 views

Using Facts From Related Lawsuits

If a person defaults in a lawsuit the facts alleged in the complaint become true. My question is can those uncontested facts now be used against the same party in a related lawsuit?
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2answers
201 views

What is the purpose of the Tort Claims Act?

Generically speaking and presuming federal and state are essentially the same; What is the plain language purpose of the Tort Claims Act aka who does it cover in what capacities, etc?
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1answer
60 views

What is a dispositive motion?

Is a 'motion for judgment on the pleadings' a dispositive motion? Yes, no, maybe, sometimes?
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1answer
1k views

Discovery Protective Orders

In Federal Rules of Civil Procedure what is the purpose of getting Protective Orders from discovery request? Same question ask another way. What are Protective Orders intended to protect the asking ...
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1answer
52 views

what are the fines for negligent administration of social security numbers?

Years ago (about 2001) I read a USC statute that stated that the fine for negligent storage of social security number could result in a $10k 'per record' fine. I have been looking for this USC or ...
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80 views

Canada's Principle of Fundamental Justice - Vagueness and Fair Notice

Can somebody explain to me what is considered to be fair notice and whether a law is "vague"? I've read an article under the Principles of Fundamental Justice, and it said: A law is ...
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1answer
59 views

Can the government change a plea offer based on a dismiss motion the defense files?

Suppose you are accused of something that doesn't make sense or shouldn't be placed on you based on jurisdiction, and decide with your retained defense attorney to file a motion to dismiss those ...
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3answers
5k views

Can prosecutors change or add additional charges once you plead guilty?

Suppose you are charged with theft of trade secrets. If you decide to plead guilty, can the government add further charges or change the existing ones after seeing that you've pleaded guilty? For ...
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1answer
56 views

How should I prepare in terms of dress and language to testify at a bail hearing?

So there's this situation, where a relative of mine has been arrested and caged up with charges of a white collar crime. In order for us to fight the prosecutors, we must bail him/her out first. I ...
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1answer
108 views

Are lawyers allowed to keep charging money after termination?

I was wondering if attorneys are allowed to keep charging money even after termination. The situation is this: a lawyer has been terminated. A new lawyer has been retained and he/she has filed notice ...
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1answer
73 views

What Are Mooted Motions

Are "mooted" motion(s) a part of the record for hearing FRCP 12(c) motions? Can a party incorporate their previous motion(s) to dismiss into their current motion to dismiss even though those ...
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1answer
29 views

Certificate of Service

Other than a bar grievance how would litigants respond to their adversary filing papers and not sending them copy?
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1answer
178 views

Is an attorney allowed to refuse a detailed bill requested by the client?

I kind of have multiple questions under the scope of lawyer fees. They're about a federal white collar criminal case of this friend of mine. I won't get into details as these are rather general ...
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1answer
108 views

some aspects of the Steven Avery case

As many others all over the world, I follow the Steven Avery case. Can you explain to me this matter? According to an article on the internet, "a federal judge has overturned the 1st Degree ...
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1answer
555 views

Is this a proper Bluebook citation for a Court of Federal Claims case?

I am a forensic psychologist who happens to prefer Bluebook citation style over APA style. I mention this fact because while I have some experience using Bluebook citation style, it pales in ...
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1answer
24 views

Clarification of Appeal Procedure

If a party were suing under something like civil rights claims and a judge ordered the dismissal of the parties state claims while allowing the federal civil rights claims, how could one go about an ...
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2answers
1k views

How can two separate federal judges rule on the same question at basically the same time?

In relation to Trump's executive orders, both the first version and the new watered down one, it seems that two (or more) separate judges were asked to rule on its constitutionality. How can this be ...
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2answers
1k views

What happens if Federal Courts contradict each other?

Regarding the recent travel ban, federal judges in Hawaii and Maryland both ruled against the ban. What would have happened if one of those judges ruled against the ban and the other did not?
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1answer
65 views

Appying for positions on the federal bench?

In the U.S.A. when a federal judgeship is vacant, do candidates apply to the president for it, or must they simply wait for him to ask them? Does that include vacancies on the Supreme Court? (Things ...
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1answer
153 views

Can an employer request recertification for a spouses permanent disability?

My wife has a major medical health issue that there is no known cure for. I have been certified through my job for FMLA to take Intermittent Leave as needed for her health condition. Now every year ...