Questions tagged [rules-of-court]
Rules of practice and procedure in a court of law. Related tags: process, civil-procedure
2
votes
1answer
47 views
Amount of distance from the Jury?
Having observed many jury trials, it seems that lawyers are only allowed to stand behind the podium or walk around the direct area around the podium (within 2 or 3 feet) while addressing the court.
...
0
votes
0answers
12 views
Does plaintiff need to file affidavit of his own statement of fact?
A pro-se plaintiff in a civil proceeding files a Statement of Claim in which he explains his Causes of Action, refers to attached documents ("Annexures") and contends his points about what the ...
1
vote
1answer
62 views
Can court change case judges as it pleases?
Say a lawsuit has been filed with a court. A judge looks at the case and makes some initial directions (e.g. requests formal written statements, considers case management memoranda filed by the ...
-1
votes
1answer
58 views
Suing a Cellular Company that Charged Me for Years Without My Knowledge
I am planning to sue a cellular company for charging me (for two phone numbers) for 10 years after a cutoff request. I contacted the company, and they admitted to wrongly charging me but only for one ...
2
votes
1answer
92 views
Why would a party to civil proceeding suggest amicus curiae (counsel assisting the court)?
A defendant in a civil proceeding chooses to play no active part and says they will abide the court's decision.
However, they add that because "the Court is left with no active contradictor in the ...
0
votes
2answers
65 views
Is there any case law on counsel perpetrating ruses on witnesses?
This question relates to an earlier question I asked here, but I am looking for a broader answer citing case law. I would like to know if there is any case law relating to the legal limitations on ...
6
votes
5answers
249 views
Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?
This question is about the legality of a possible defence tactic that might be used in a criminal trial. Suppose that a criminal trial occurs, and the defendant is not already in custody when the ...
0
votes
2answers
203 views
Can non-witnesses legally refuse to answer questions from judge?
It appears that a judge in their courtroom can ask anyone any questions. A quick search shows that it is not uncommon for persons refusing to answer judges' questions to be prosecuted for contempt of ...
0
votes
0answers
19 views
Differences between Dismissal with Prejudice, Summary Judgment, Directed Verdict, JMOL, and JNOV?
What (if any) are the particular differences in U.S. courts between dismissal with prejudice, summary judgment, directed verdict, judgment as a matter of law (JMOL), and judgment notwithstanding the ...
1
vote
1answer
284 views
What does a trial for Terrorism look like in France?
I'm a writer, and need help for a book that takes place in Paris.
According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
0
votes
2answers
115 views
My attorney dropped me without reason
My attorney dropped me without notification via letter and then filed a withdraw for a worker's comp case. He claims it is irreconcilable differences but I barely talked to him about my case. Actually ...
0
votes
1answer
65 views
Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK
A district Judge made an unfair and biased possession order to make me homeless despite I provided large volume of evidence such as digitally dated photos, Facebook photos, over than 8 neighbours ...
3
votes
1answer
95 views
Getting courts to reconsider judgment when new evidence crops up
Say a District Court in New Zealand considers a proposed private prosecution and makes a ruling R that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
1
vote
0answers
53 views
Is making my co-tenants sign a contract to pay their share of the bills helpful in court?
I share a house with three other people, and as I was the first to move in, I had to sign up for some of the bills with my name. However, some of my co-tenants are rather slow and unwilling to pay ...
2
votes
3answers
174 views
Will I have to appear in court or another proceeding about a suicide I discovered?
I was riding my bike to work, and found someone lying in the grass on public land (the road verge) not private property. He appears to have died of his own intentional actions.
The police were called,...
1
vote
2answers
59 views
How can plaintiff/prosecutor hold the court to account if it intentionally stalls proceeding?
When the ball in court proceedings is on the judge's side, i.e. the judge is taking their time to work out directions/decisions, and it takes too long — what legal recourse does the plaintiff or ...
0
votes
0answers
83 views
What options does a judge have to control an unruly defendant?
If a defendant is unable or unwilling to control himself (in terms of interrupting procedure), what options does a judge have besides physically gagging or taping the mouth shut?
Clarification via ...
0
votes
0answers
42 views
how to establish causation and intent?
In a scenario where something analogous to, but probably not exactly, the Mosquito alarm has been used, and that usage has resulted in hearing problems, how, generally, would a private prosecution ...
1
vote
4answers
189 views
Is answering a question you are not sure about under oath perjury?
Suppose I struggle to see at night, but was witness to a crime that took place and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and ...
0
votes
1answer
70 views
Is the law in Indonesia adversarial?
In US, the trial is adversarial.
The court works with 3 parties
One argue one way (The defendant is very evil and deserve punishment). Another argue another way (the defendant is a saint).
Then a ...
6
votes
1answer
120 views
Is trial courtroom layout prescribed by rule or law?
In the United States, in general criminal trial courtrooms, I have always seen the defense positioned furthest from the jury and the witness stand. However, I gather that not only is there no law or ...
18
votes
2answers
12k views
Why do judges use a hammer in court?
In many movies featuring a court scene, the judge is seen pounding a wood hammer on the desk to either silence the court room, or to announce a decision.
Why do judges use a hammer? Is it only a ...
1
vote
3answers
336 views
loaded questions in pseudo-legal scenario
How is a loaded question dealt with in a legal, or legalistic, context?
Is there particular language which is typically employed, or is there a strategy which is particularly effective?
The specific ...
6
votes
1answer
104 views
What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?
Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no ...
1
vote
1answer
44 views
What makes a document translation “court certified” in Massachusetts?
I have an agreement document which I need to translate into English, to be accepted as an exhibit in Massachusetts court. Looking around for certified translation services, there seem to be many that ...
4
votes
1answer
99 views
Courtroom rules of order
Robert's Rules of Order famously provides widely accepted guidelines for conducting formal meetings.
Is there an analog for conduct that applies generally or specifically to open sessions of judicial ...
0
votes
1answer
683 views
Chain of Custody
So chain of custody is obviously important, but why?
I have seen many articles referring to drugs and one where the murder weapon was handled without gloves. But what about other types of evidence ...
1
vote
1answer
216 views
Warrants and statements under oath
If an arrest warrant is issued does that mean a statement was made under oath? If so if a part of the statement for the arrest warrant is proven false what are the implications? In the case of a ...
0
votes
1answer
64 views
Is it possible to get an out of state “failure to appear” for a felony case dismissed,if you are homeless?
I just need a little more time to make enough money to travel, I can't get a job with a pending felony and don't have family to just give me money, I literally am scrapping to make it out there even ...
1
vote
3answers
171 views
Why are there three truth parts to an oath?
In mathematical logic we have iff: if and only if. As an example of this for my classes I realised that in sworn oaths there are three statements for telling:
1: the truth,
2: the whole truth,...
22
votes
2answers
9k views
Why was Joe Arpaio not given a jury trial?
Joe Arpaio, the former Sheriff of Maricopa County, AZ, was found guilty of criminal contempt of court by U.S. District Judge Susan Bolton on July 31, 2017. Apparently Arpaio requested a trial by jury, ...
0
votes
1answer
367 views
How to dismiss (an improperly filed) motion? Objection or a Motion Prior?
I have a hearing coming up where there is a "motion to dismiss" filed by the other party. It is quite apparent the motion has been filed incorrectly (missing very specific paperwork) according to the ...
0
votes
1answer
361 views
Can DNA on drugs be used as evidence even if the drugs weren't in anyone's possession at the time it was found? (Canada)
Can DNA found on drugs be used as evidence in court or is that unconstitutional? DNA can be transferred from different sources so it doesn't necessarily mean the DNA holder has come in direct contact ...
3
votes
2answers
443 views
what prevents defence lawyer from colluding with plaintiff
I realised I don't understand something fundamental about how the legal process works (surely many things, but here is one):
Say it is a damages case, and a company is sued for a large amount of ...
1
vote
1answer
121 views
Can a lawyer purposefully be argumentative and immediately withdraw a line of questioning?
In Season 14 Epsiode 3 of Law and Order, SVU (great start, I know), the defendant's lawyer leads an aggressive, argumentative line of reasoning several times when questioning a witness. Immediately ...
1
vote
3answers
187 views
Has the First Amendment been held to include the right to film jurors?
When (in what case) has the First Amendment been held to include the right to film jurors in a court room?
I also leave open the possibility that there has been no such holding or even an opposite ...
0
votes
0answers
296 views
What are the standards for binding pleadings? Staples? Paper clips?
When submitting pleadings to a court, normally there are two pieces: a court-provided cover sheet and the pleading itself. What is the normal way to connect these pieces of paper?
(1) staple ...
0
votes
0answers
245 views
Does a defendant in a criminal misdemeanor trial have to show up for announcement?
I noticed that for speeding tickets and class C misdemeanors in our county court in Texas, the court will many times schedule an announcement repeatedly.
If a defendant shows up for the announcement ...
8
votes
2answers
1k views
How does binding precedent work with juries in trial courts?
How is a jury in a federal trial affected by binding precedent such as that of a SCOTUS decision?
If the jury is selected from ordinary people, they obviously are likely to have no familiarity with ...
-1
votes
1answer
386 views
What does “procedural defenses” mean?
I have filed a petition with the New York State Review Office, to appeal the decision in my son's special education impartial hearing (using 2016 rules). The process allows for the school district to ...
1
vote
2answers
7k views
In a rear-ending traffic violation, is the ticket dropped if the other party does not show up but the officer does?
I rear-ended someone and received a "failure to maintain safe distance" citation. I don't believe I'm at fault and am considering challenging it in court. I don't want to get an attorney or deal with ...
1
vote
1answer
3k views
Does a Certificate of Service need to be completed before filing a motion with the court
If I'm filing a motion which includes a page called "Certificate of Service", do I need to complete that page and have it notarized before going to court? I ask because it doesn't seem like there ...
0
votes
1answer
108 views
When and where can email be used in court and attorney communications? (US)
Pretty broad question, but I'm curious: When and where can email be used in court and attorney communications in the US?
I know that email and forms of online identity are not at such a technological ...
3
votes
3answers
1k views
Why can't federal courts issue advisory opinions?
In the United States, federal courts are not allowed to issue advisory opinions under the "case or controversy" requirement specified in the Constitution. Many states also do not allow their courts to ...
0
votes
1answer
134 views
How long can the government charge you after arrest but before trial?
If a person has been arrested already, can the federal government bring up additional felony charges while that person awaits trial?
And if so how long does the government have to bring up the ...
7
votes
2answers
821 views
UPDATE: What are the legal consequences for serving in a jury if you are not eligible because you are not a citizen?
I got a jury summons letter last week and was asked to be in court Monday. I went and was there for 5 - 6 hours deliberating with other jurors whether or not this guy should've gotten a speeding ...
1
vote
0answers
105 views
Ways to speed up a divorce?
Situation:
One spouse is interested in getting the divorce over with quickly, and the other spouse is interested in going very slowly. The interest in going slowly is because the status quo is much ...
-2
votes
2answers
715 views
Can a Judge ask for a manifest injustice then dismiss the motion?
First, a Pro Se POST CONVICTION RELIEF was filed for an issue relating to tampering with evidence (a Joseph Graves issue) and the judge responded with:
Since Defendant is seeking to withdraw her ...
0
votes
3answers
221 views
Must a defense be given if a plaintiff's accusation is nonsense?
In court what happens if a party makes a nonsense accusation, almost as if they aren't thinking straight? For example if someone launched the case against you "he must have stolen the banana loaf ...
2
votes
1answer
177 views
UK: Is it legal to present in court a document/evidence which you are not allowed to keep?
Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
