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Questions tagged [rules-of-court]

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

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How many lawyers can one defendant have?

In the large-scale lawsuit against alleged "Reichsbürger" in Germany, it is reported that each defendant has 2 to 4 lawyers. Obviously, that complicates things not only for the accused, but ...
PMF's user avatar
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2 answers
107 views

Timely response not filed

In California superior court, probate division. In the minute order of the case, during a 664.6 motion to enforce a stipulation fully agreed upon, the court gave a timeline of 9 court days prior to ...
Michael's user avatar
2 votes
2 answers
465 views

In a legal proceeding, where is "fairness" defined?

I was involved in a rather formal administrative review. I got the impression that administration was determined to give the facade of fairness while arriving at a predetermined conclusion. One thing ...
hellohello's user avatar
0 votes
0 answers
63 views

Criminal procedure to dismiss a case

When one has been summoned to a pre-trial conference in a municipal court over a minor traffic offense, if one wants to request, pro se, from the judge a dismissal of the case, it would seem to be ...
user2065068's user avatar
7 votes
1 answer
188 views

Can defendants wear an earpiece or headset in the dock to communicate with their lawyer?

Besides its presumed prejudicial effect on juries' perception of defendants, secure docks such as the one pictured below are often criticised for inhibiting defendants' ability to communicate with ...
Mark Amery's user avatar
-1 votes
1 answer
132 views

Is finger wagging considered offensive in a Canadian court?

It seems readily apparent to me that finger wagging is a bullying tactic used to establish social dominance by infantilizing the audience and elevating the perpetrator to a perceived position of ...
Affe's user avatar
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1 vote
1 answer
210 views

In Blackadder Goes Forth, Corporal Punishment, Captain Darling (Counsel for Prosecution) is a defense witness. Is this allowed in a court martial?

https://www.youtube.com/watch?v=2_tdLCFRaPY&t=152s Basically, Lieutenant George (accidentally called to be the defense counsel, because Baldrick sent for the wrong person) tries to get Captain ...
R-Obsessive's user avatar
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8 votes
2 answers
2k views

On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded

On Nov 3, 2023, Judge Engoron issued a gag order to Trump's lawyers barring them (as well as Trump) from speaking about the judge's staff. This is precipitated by Chris Kise's argument that the law ...
GratefulDisciple's user avatar
1 vote
2 answers
204 views

Can presiding judges ever be subject to law enforcement?

It is commonly regarded that a presiding judge is the ultimate authority in the courtroom. If they go overboard, that would be subject to investigation (judicial conduct or crime) afterwards. However, ...
Greendrake's user avatar
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2 answers
167 views

What happens when a wrongful death charge turns into murder charge?

If the family of the victim files a wrongful death lawsuit against a person, which to my understanding they can do even with zero evidence, and that same person is the suspect in the murder of that ...
Reverent Lapwing's user avatar
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1 answer
81 views

Are high court rulings precedential?

What courts if any are bound by past rulings of the high court, whether civil or criminal?
TylerDurden's user avatar
-2 votes
1 answer
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When are county court decisions binding upon the “London region” of the county court?

And what unites or defines the “London region”?
TylerDurden's user avatar
18 votes
2 answers
4k views

Why are there two case numbers for United States v. Trump?

There are two almost identical case numbers assigned for the case United States v. Trump. The dockets are almost identical. 1:23-cr-00257-TSC USA v. TRUMP PACER CourtListener 1:23-cr-00257-TSC-1 - ...
Daniel McDonald's user avatar
6 votes
1 answer
1k views

Under what circumstances would a change to the case name occur when no changes were made to the parties involved?

Given that when a Plaintiff files an unlimited civil lawsuit with a US Superior Court, the name of the Plaintiff and the name of the first named defendant in the complaint are used to form the case ...
Doedigo's user avatar
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19 votes
4 answers
9k views

Why does Double Jeopardy apply if you confess?

If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in ...
Jon's user avatar
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1 vote
2 answers
145 views

Small claims court when the plaintif lives overseas (USA/Idaho)

I live in Europe and my property manager in Idaho (USA) is not sending me the rents (which were paid by the renter). I was thinking about suing her in small claims court, but it looks like I have to ...
user3256556's user avatar
0 votes
4 answers
5k views

Can a lawyer at trial keep shouting objection in order to fillibuster?

Lets say that I'm at my own trial, representing myself pro se. I immediately object to something (anything at all - it doesn't matter what). If I understand correctly I can't be held in contempt - ...
Jon's user avatar
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2 answers
255 views

Can a self-represented defendant call oneself as a witness? [duplicate]

You see this occassionally in comedy films and I have to wonder how legal it is. If I act as my own lawyer at a trial, can I call myself to the stand as a witness? Can I refuse to answer my own ...
Jon's user avatar
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6 votes
3 answers
3k views

Calling a judge as a witness in a case that the judge is presiding over?

I want to pose a question on the limits of a defendant's right to call people to testify at trial. Let's assume that a judge is conducting a trial (the sort of trial is irrelevant - it could be ...
Jon's user avatar
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18 votes
4 answers
4k views

What is the legal basis for judges being able to see classified material?

Marcy Wheeler, in her emptywheel Twitter account, recently tweeted: I addressed this question in this post. No, Cannon does not need a clearance. Her access comes via dint of her responsibilities, ...
Simd's user avatar
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37 votes
5 answers
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Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?

In news articles, I often read that some organization refused to comment on an issue because it is the subject of "ongoing litigation". This is also mentioned in many guides on public ...
sleske's user avatar
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0 votes
1 answer
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Section 9 Criminal Justice Act applicable to family law?

Nuanced, procedural thing. In the UK law system: Witness statement Position statement Statement of truth Statement under oath Criminal Procedure Rules 2020 Under section 9 of the Criminal Justice ...
Silly mistakes in the past's user avatar
9 votes
3 answers
7k views

Does the law make exceptions for Good Samaritans?

I know very little about the law. When I watch court television shows, it seems like if a Good Samaritan breaks the law to stop a bad guy, the law/court turns a blind eye. Are there cases where the ...
Noah's user avatar
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2 votes
1 answer
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What provision of the CPR requires any parties who might possibly be claimants to an action to be made defendants if they are not?

A blog site mentions a provision requiring all parties who might be a party to a claim to be listed as defendants if they are not participating as claimants, but I cannot find it again now that I want ...
TylerDurden's user avatar
-2 votes
1 answer
129 views

What is the dresscode for jurors in Australian courts? [closed]

Are there any rules and regulations jurors in Australian courts have to abide by when it comes to how they are dressed in court? If so, what would be the consequences of violating them? Can jurors be ...
oiuio's user avatar
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0 votes
1 answer
83 views

Are there any opportunities to Socratically question an opposing counsel on their legal arguments in a civil trial?

According to this answer, https://law.stackexchange.com/a/90414/48046 Opposing counsel was called as a witness for examination in the American scopes trial. Is such a practice allowed in English trial ...
TylerDurden's user avatar
9 votes
2 answers
1k views

Is cross examination strictly confined to the subjects that the original examination pertained to, or can the opposing party make their own points?

Pretty straightforward question, really: what are the topical constraints of cross examination with reference to examination? Suppose party A calls witness W to the stand to ask them questions about ...
TylerDurden's user avatar
-2 votes
2 answers
108 views

In a criminal trial, what is the sequence of proceedings? [closed]

Does the prosecution advance their own case first, calling their witnesses, examining them before the defense cross examines them, all before the defense then presents their case, calling each of ...
TylerDurden's user avatar
0 votes
1 answer
332 views

What are the correct parameters of usage for addressing parties as one’s “learned friend”?

Does a solicitor with right of audience address their opposing barrister as their learned friend? Do they get addressed as the barrister’s learned friend? What of a litigant in person? And in all ...
TylerDurden's user avatar
10 votes
3 answers
3k views

Can two people be tried together?

Bob and Carl are both accused of the same murder of Alice. Are they supposed to be tried together as one party in a single trial? be separately tried in two simultaneous trials? be tried one after ...
chausies's user avatar
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1 vote
1 answer
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In CrPc (India) can a court discharge or dismiss a complaint against the accused even if a prima facie case is made out against them?

Or is it generally impossible for this to occur and can grounds for not proceeding against an accused be based on anything other than evidence? How do magistrates prevent First Information Reports ...
user avatar
0 votes
1 answer
62 views

Grounds to discharge the accused in CrPc

The Code of Criminal Procedure at CrPc 227 states: Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused ...
user avatar
-2 votes
2 answers
405 views

What is a “submission”?

It was used in a recent answer to mean “a legal argument”. Is it necessarily of this nature? Or is it broader (i.e. “anything one submits”)?
TylerDurden's user avatar
-1 votes
1 answer
77 views

Can one elect one's style/title of address in judicial proceedings?

If one wishes to be referred to as "Dr. Franklin," "Lord Jones" or "Lady Smith" (or Sir, or Dame) but does not actually possess the title, will judges use these titles in ...
TylerDurden's user avatar
0 votes
3 answers
121 views

Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?

In court, a legal representative may be conducting the case and calling witnesses and cross examining the other side's witnesses. Are these representatives "sworn in" under oath? As they ...
TylerDurden's user avatar
2 votes
1 answer
49 views

State Prosecutorial Power

According to Article 5 Section 21 of the Texas Constitution & Chapter 20 of the Code of Criminal Procedure says, "a "city attorney" is not a public officer; He is not granted "...
Kristy Barnes's user avatar
17 votes
7 answers
8k views

What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?

Alex the accused has been charged with a series of crimes. The list of charges is long (beating up his wife, speeding while drunk, trafficking...) and for most crimes, the evidence presented by the ...
PMF's user avatar
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0 votes
1 answer
88 views

Why do we have a written and reasoned judgment of Bower v Brewdog?

I thought that in general, cases at the county court level are decided summarily, unless and until they get appealed to, e.g., the circuit judge. Yet, Bower v Brewdog appears to have been judged by a ...
TylerDurden's user avatar
0 votes
1 answer
56 views

What does the term "falls under two or more seperate definitions of an offence" mean in IPC section 71?

Indian Penal Code section 71 states Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or ...
user avatar
27 votes
1 answer
6k views

What was the original idea behind the practice of courtroom wigs?

English judges and barristers have for a long time had to wear wigs. What was the intended implied message by the object aesthetic? What was the look of a judge or advocate wearing that type of ...
TylerDurden's user avatar
0 votes
1 answer
110 views

Collateral damage when an atttorney lies in civil court?

When an attorney knowingly makes a false statement in civil court in an attempt to tip the scale in his client's favor, what are the possible ramifications? I'm aware that a lie under oath can be ...
S.O.S's user avatar
  • 601
4 votes
1 answer
766 views

Involving a witness in the settling of an objection

In the trial of Jodi Arias, during direct examination, the prosecutor objects to the details of some evidence. As a result both the prosecutor and the defence ask questions of the witness* about the ...
chasly - supports Monica's user avatar
1 vote
1 answer
172 views

What is the legality and practicality of conducting litigation under a pseudonym?

When one goes into a police station (okay, when one is brought in for a recordable offence), one is fingerprinted and identified against big databases of identities. Even if this doesn’t happen, there ...
TylerDurden's user avatar
10 votes
3 answers
6k views

Can lawyers ask judges questions?

I came across a courtroom exchange on twitter Adv: I ask this question. J. CT Ravikumar: Who are you asking the question to? Adv: To the #SupremeCourt J. Shah: You cannot ask us questions. You can ...
prash's user avatar
  • 211
3 votes
4 answers
2k views

In-court identification of defendants

(Inspired by Can a lawyer subject the court to a (temporary) ruse for a legitimate purpose?) Under which circumstances are witnesses asked to identify people present (in particular defendants) in the ...
KFK's user avatar
  • 604
3 votes
1 answer
119 views

Three-party trial in France, and the role of the Republic's prosecutor

In France, there are some circumstances apparently called "partie civile" where there's three different parties represented in court : the republic's prosecutor (procureur de la république), ...
Gouvernathor's user avatar
3 votes
1 answer
149 views

Fitness to plead - UK - what happens when the defendant gets better?

Once a defendant has been found unfit to plead, found to have committed the act (via a trial of facts) and sentenced to hospital (via the Mental Health Act), can the case be reopened when the ...
HMPtwo's user avatar
  • 155
1 vote
1 answer
53 views

Why does practice direction 55A begin with 55.3?

Practice direction 55A seems to begin at 55.3. Why are there no Practice Direction 55A rules 55.1 and 55.2, or where are they?
TylerDurden's user avatar
22 votes
3 answers
10k views

Why don't courts punish time-wasting tactics?

Inspired by the lawsuit filed amidst an ongoing controversy in the chess world. In brief, one player (Carlsen) accused another (Niemann) of cheating, and Niemann filed a defamation lawsuit against ...
Allure's user avatar
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-1 votes
1 answer
80 views

In an accelerated possession claim, if no written request for judgment is submitted by the claimant and no defence submitted by the defendant

Bob has claimed possession of a property from Alice. Alice has received the form from the court and not returned hers within the allotted 14 days. Under normal possession claims, the passage of this ...
JosephII's user avatar

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