Questions tagged [rules-of-court]

Rules of practice and procedure in a court of law. Related tags: process, civil-procedure

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218 views

What's the point of those “spousal privileges” if, as I understand it, no-one can be forced to give a meaningful testimony anyway?

I don't understand this concept called "spousal privilege". Regardless of whether a defendant is a wife or husband in relation to a potential witness, the latter can always refuse to say ...
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1answer
98 views

Recourse for prosecution whose witness suddenly changes their story on the stand

Say prosecution has a witness who saw the defendant do the crime and is happy to testify it on the stand. But when they take the stand, they suddenly surprise the prosecution by saying they did not ...
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3answers
162 views

How friendly are learned friends supposed to be during court breaks?

In a courtroom, just when everyone arrives before the hearing, how common or expected is it for the opposing lawyers to shake hands (covid aside) and have small talk pretending (or really being) ...
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1answer
57 views

Does this conduct amount to any actionable judicial bias?

Bob takes Rob to the court which sets a date for the first hearing 12 January 2021. Rob's lawyer from lawfirm X applies for adjournment of the hearing a few weeks later for reason Y. Bob objects and ...
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3answers
124 views

Can an appellate court overturn part of a decision not appealed against?

Bob litigates against Rob. The case boils down to resolving two questions of law: X (rather critical to Bob) and Y (not so critical). The two questions are separate/isolated, although both are highly ...
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1answer
207 views

How is 'Caught in Providence' legal?

I watch Caught in Providence sometimes on YouTube (I understand it's also broadcast on TV in the US). I'm from the UK, where generally speaking filming in court is not allowed, and I find the setup ...
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3answers
164 views

Why can't self-represented litigants use “I” to refer to myself?

How can this be true for even pro se litigants in court? Why can't they use Singular First Person Pronouns in their pleadings, when they are alleging causes of action to them personally? How must they ...
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0answers
21 views

Exemption for “conduct of litigation” as a lay representative?

The following activites are "reserved legal activities" per the Legal Services Act 2007 ("LSA 2007"), s 12(1): (a) the exercise of a right of audience; (b) the conduct of ...
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2answers
102 views

Are inferior courts bound by a decision of a minority of the Supreme Court judges?

Say the Supreme Court of 5 judges (in New Zealand) makes a judgment. Two of the judges (minority, though one of them is the Chief Justice) express a separate opinion on a question of law. Are the ...
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1answer
31 views

How is the “Truthfulness In Statements To Others” evaluated by a judge or the ABA?

In accordance to ABA 4.1, what are the conditions that would qualify a lawyer of unethical conduct in violation of rule 4.1? https://www.americanbar.org/groups/professional_responsibility/publications/...
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1answer
2k views

How might the legal system resolve court dates in a situation like the following?

Adam has a defamation suit against his ex-wife Eve for a lot of money in the United States. Adam also has a contract to perform professionally abroad from months 1 to 4. The latest court date (in the ...
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1answer
85 views

What does “Dispense with formal citation” mean?

What does "Dispense with formal citation" mean? In various moot scenarios, I have observed the use of the phrase: If it pleases the court, may we dispense with formal citation? when ...
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2answers
132 views

Why do lawyers ask “Is it not true that …”

I am aware of this previous related question Alternative to "Isn't it true that...?" when questioning witnesses The most upvoted answer to that question gave alternative ways of speaking....
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1answer
85 views

If you want to study the basics of law, where should you start?

Should you focus on memorizing the individual laws, or read court cases, or come up with scenarios? Should you study from the point of view of a lawyer or an individual citizen? What if laws change? ...
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2answers
162 views

Can it ever “not please” the court?

Can it ever "not please" the court? If my current understanding of the usual court proceedings (which are, admittedly quite beginner) is correct, from what I have noticed most lawyers will ...
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3answers
116 views

Is it common for plaintiffs to present their case at court hearings with an actual presentation?

At court hearings, where the plaintiff (or their lawyer) is given time to present their case, is it common for them to do it with an actual on-screen slide show presentation (like at a conference)? ...
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1answer
68 views

Reversing (overturning) vs remanding (remitting)

When a higher (appellate) court finds that a lower court erred in law, there are two possible outcomes: The lower court's decision is reversed / overturned and replaced with a new one. No new ...
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1answer
37 views

Can it be judicial misconduct to not rebut arguments of losing party?

Bob sues Rob in a civil court (adversarial system). Bob contends: I am right and Rob is wrong because of A. Rob defends: No, A does not apply because of X. Bob replies: No way. X does not ...
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1answer
28 views

Why is the Rules Enabling Act necessary?

What is the Rules Enabling Act? I understand it is congress allowing the courts to make rules, but why does congress have to give that power to the courts? I thought the courts were independent, one ...
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1answer
54 views

Legal obligation to be represented by a lawyer registered in the local bar. human value and personal freedom

In Greece people are usually required by law to be represented by a lawyer in courts. In Private Law the sanction is fictitious default( the litigant may be there but the judge is supposed to ...
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1answer
54 views

Can a person communicate confidentially with a criminal court about a sentence?

I have heard it is at least theoretically possible for a Judge in criminal court in Georgia to reconsider a sentence. If a Judge is contacted by an interested person to request such a reconsideration,...
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1answer
324 views

Can defendants switcheroo whenever they want?

Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The ...
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1answer
127 views

Traffic violation question, pls help

Ok please bear with me I am new. Basically here is my story, Me and my fiancé were heading to Walmart. In my little town I have to get onto the interstate for about 2,000 feet then merge off left to ...
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3answers
2k views

What is the difference between “I swear” and “I affirm”

In court oaths, there is the option to admit one of the following: I [...] swear [...] so help me God. I [...] affirm [...]. What is the significant difference? I am looking for code, statute, law, ...
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6answers
390 views

Are editable word documents ('.docx' files) accepted in court as evidence?

I keep most of my business documents in Microsoft Words (.docx) file format. Problem is these documents can be edited and tampered with. For my signatures, I just copy and paste a signature image onto ...
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1answer
81 views

What can I do if my attorney misses a court deadline?

In California civil court cases: Will court extend filing deadlines for me if I can prove that my attorney was unresponsive? Are attorneys liable for the consequences of missing court deadlines?
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1answer
49 views

Are there precedents where attorneys have been punished for plagiarism in their court filings?

Let's assume that plaintiff and his attorney wrote a complaint and sued you in a state court. You later discover that plaintiff has brutally copy pasted multiple paragraphs from a different, unrelated ...
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1answer
89 views

What responses can be filed against plaintiff's complaint that was filed with intent to harass?

Imagine that a plaintiff and his attorney both have acted in bad faith and sued you, and that: "facts" alleged by the plaintiff in the complaint are wrong and the plaintiff's attorney has not done ...
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1answer
54 views

801.d.2.D - Party Opponent

For mock trial, the case is STATE OF WASHINGTON, Plaintiff, vs. SYDNEY CARDEN, Defendant. Two of the witnesses are Sam Drucker (plaintiff witness), a manager for a local thrift store, and Kahuna ...
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45 views

Ex-parte communication between a Judge and Prosecutor - ethical breach or canon violation?

I was the defendant in a case and had the strange feeling that the Judge and Prosecutor were very friendly. After the hearing and verdict (not in my favor) I found online, that while the case was ...
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1answer
62 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
53 views

Obtaining an address for servicing notices from my ex landlord

I will be suing my landlord about a week or 2 after I leave, and I am wondering if, from a legal perspective, I can still use the same address for servicing of documents & notices, as on our ...
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1answer
116 views

Protocol if juror cannot hear or see something clearly

If a sitting juror, or a prospective juror during voir dire, cannot see or hear something clearly, what is the protocol for the juror to alert the court of this? Say something immediately? Raise your ...
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2answers
63 views

Can case law never appealed in a higher court be appealed and overturned?

I will phrase this question in New Zealand legal terms but I am actually interested in any common law jurisdiction or any jurisdiction with adversarial system. Say there is some case law made in the ...
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2answers
83 views

What kind of documents on a civil case file can be not accessible by the plaintiff?

Say Bob filed a civil lawsuit against Rob. Normally documents that get filed on the case will be served on Bob (and all other parties involved) — submissions, affidavits, judges' minutes etc. I am ...
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1answer
104 views

When going to court should a plaintiff preemptively refute the other sides defense?

In small claims court, if the plaintiff knows what the defendant will likely say, should the plaintiff address these in the initial application? This makes sense to me because usually someone going to ...
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2answers
57 views

When going to court is it typical to have multiple related claims?

I know in large legal cases you hear about in the news, the plaintiff usually has multiple torts they accuse the defendant of. For example company A is suing company B for negligence, breach of ...
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1answer
1k views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
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41 views

I read this story about a physical assault. How much of it actually makes sense? [duplicate]

I read this story about an assault, and I'm wondering if it adds up or not. So these two guys get into an argument, and it gets really out of hand, causing one of the guys to tackle the other guy and ...
3
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3answers
202 views

I just read this story about a lawsuit. Does it make any sense? [closed]

I read a fictional story about this assault/lawsuit, and I'm really stuck on some of the details. I'm trying to figure out if it was actually written correctly or not... So this guy assaulted another ...
2
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1answer
122 views

Court referring to resources barely available to the general public

As a pro se litigant I have come across a judge referring in their minutes to a resource which is barely available to the general public. It is a loose leaf written by lawyers for lawyers on ...
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1answer
104 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. ...
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1answer
97 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 ...
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3answers
77 views

Opinion Estoppel

As I understand it, estoppel is the notion that once a position is taken (i.e. all swans are white) that another contrary position may not be taken (some swans are black). That being said, counsel ...
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62 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
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1answer
153 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 ...
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2answers
185 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 ...
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607 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. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
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2answers
673 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 ...
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106 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 ...