Questions tagged [rules-of-court]

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

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Usage of the term "what if any" in a question to a witness in court

I am not a lawyer - but I have a question inspired by the recent case of Depp vs Heard. As heard in the courtroom (no-pun) - I feel like the usage of the term "what if any" its not a proper ...
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When is a summons considered served in England if it was sent by second class post?

If sent a court summons by one's local council, when is the summons considered served if it was sent by second class post? Background I queried a council tax bill as directed to by the council, but ...
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2 votes
3 answers
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Do countries (with rule of law) exist where a court ruling can be achieved before an action is taken?

Let's say I want to Create a taxi-like service that avoids requiring medallion Create a hotel-like service that can avoid zoning and insurance laws Create a tax scheme involving moving money in ...
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Who creates uniform trial court & supplementary rules?

States and counties in the U.S.A. can have court rules, such as: New York State's Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts Oregon's Uniform Trial Court ...
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What happens if someone provides evidence in court without the knowledge of the judge?

It is my understanding that the judge must accept (almost?) all evidence admitted into court. So, this leaves me with three questions: What happens if an official shows evidence that the judge hadn't ...
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Asking Judge What He's/She's Thinking

What is the legal term for when one wants to ask the judge what he/she is thinking? Such as just before a judgement is about to be handed down? Would be helpful to know so would use the correct legal ...
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Can we quote academics in our court applications and law suits to support our arguments?

I was thinking of quoting Langdell and Williston in my response to a suit. Is it possible to do as such?
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How can you reference a fictitious business on the front page of a complaint?

Say you are about to sue a bunch of people who fancy looking like a legitimate business, and they pop up stores all over the place. Turns out, the DBA they run by has zero connection to a corporation ...
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Are prayers for relief permitted and/or need to be set forth in a sort of hierarchy?

In cases when a plaintiff does not know based on what cause of action or in which prayer the court may or will order relief out of two or more that, in their practical effect, are the same, ...
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Dealing with expert opinions

Every Economist who is consistent with their discipline subscribes to the subjective theory of value; how does a Judge who wants to be consistent with Economics and coincidentally also is a B.A in ...
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Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

I find this detail in the recent Novak Djokovic's Australian visa saga quite interesting. On Monday, 10 January 2022, when Judge Kelly delivered his decision to reinstate Djokovic's visa, Christopher ...
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Where is the audio record of the Gorsuch remarks on flu deaths in Biden v. Missouri before the Supreme Court?

As news broke, an initial transcript of the hearing included the alleged statement of Justice Gorsuch stating “he believes the flu kills “hundreds of thousands of people every year”. This transcript ...
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Why is it unlawful for an officer of the court to inform a jury they may find as they see fit, absolutely?

Jury nullification may not be the worlds best know term, but it's certainly no stranger to this Stack. I'm curious how it comes about, and how it is legally justified, that an officer of the court is ...
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Can the "de minimis non curat lex" rule render actions that are otherwise illegal, legal?

My understanding is that the rule can be used in court to strike down actions in court. I was wondering whether it might also perhaps be used legitimately by someone, outside of a court case, and ...
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Does Bob have to file a courtesy physical copy of his complaint to the courtroom clerk even if he e-files a suit?

For example, Alameda County Superior Court Local Rule 3.30(c) provides as well as its "Technical E-Filing Requirements" instructs in point 12. "Printed Courtesy Copies" that "...
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Can a waiver of court cost include printing costs or fees?

Information Sheet on Fee Waiver of Superior Court Fees and Costs states that “If you ... want to sue someone ... and cannot afford to pay court fees and costs, you may not have to pay them in order to ...
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What laws govern being barred from a court you are required to attend?

It is in the news that someone was barred from attending their own court attendance, and had an arrest warrant issued for failure to attend, because a security guard determined they were drunk: ...
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If a party agrees to settle, can the plaintiff still be award legal fees?

Say party A owes party B money. It's a relatively simple case, such as party B did work but party A isn't paying them. Party B files an action in small claims and party A finally caves in and pays up. ...
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When is an address considered an acceptable "address for service"?

Usually legal action against a person or business involves serving them with registered mail. What exactly is considered an acceptable address of service? I understand that if a legal proceeding has ...
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Can a company intentionally lose a lawsuit?

Let’s say a multiple-defendant tort suit is brought against Companies A and B. Company A would like to settle, but Company B does not wish to settle. Instead, for some reason, Company B would like to ...
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If notice in certified mail is required by statute, does that rule out compliance if one also asserts statutory confidentiality of settlement talks?

For example, the CLRA (Cal. Civ. Code §§ 1782, 1750, et seq.) requires notice of demand 30 days prior to the commencement of an action in certified or registered mail, return receipt requested, ...
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How can a plaintiff dismiss their case in Maryland?

How can a plaintiff in a Maryland District Court case dismiss their civil case after the issue was resolved with the defendant out-of-court? What form is required?
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What torts can a person not yet admitted to the bar represent before a California state or federal court?

A comment on a recent question stuck with me: "[L]ay people can't prosecute [torts] in California". Is this correct? And if so, to what extent? What torts can and cannot be prosecuted by a ...
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Do courts withhold hearing transcripts from parties anywhere?

Unlike the old days when court hearings were stenotyped, these days they just make audio recordings. Later those may be typed back to transcripts. Anywhere in the world, do parties to court hearings ...
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Can a judgment from a parent that is deceased be transferred to a family member?

A parent (plaintiff) received a judgement in California (Superior Court) and is now deceased. Is it possible to transfer this judgement to the family of the plaintiff or a member of the plaintiff's ...
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Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount?

Say a defendent owns land worth $200,000. The defendant lost the case and has to pay $9,000 He does not have any money to pay. Could courts order the land to be sold? My question is general, but just ...
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Are the proof of service requirements the same for reinstated cases as they are for original cases?

For reference, I'm referencing Michigan district court specifically. I know for a new case that is filed, the Proof of Service requires that a Defendant has to sign a summon's notice in order for the ...
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4 votes
3 answers
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Isn't the rule of precedent inherently flawed in the adversarial system?

In the adversarial system, who wins in a court proceeding basically depends on how the parties present and argue their cases. That is, the same facts and evidence could yield diametrically opposite ...
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Do court experts need to agree to be appointed / summoned / subpoenaed?

Court experts are special class of expert witnesses that are appointed / summoned / subpoenaed by the court — as opposed to being called by the parties. In New Zealand the procedure is set out in r 9....
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Can a writ of mandamus be filed in any Indian High Court?

I am planning to file a writ of mandamus in an Indian High Court against a Government statutory body. Can it be filed in any High Court or is it necessary to file it in a specific High Court within ...
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2 answers
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Is there any case law for written replies to letters or emails satisfying service of process requirements?

Hypo... Bob is required to serve a pre-court proceedings’ notice [or complaint/other filing even] on Cob. Bob and Cob are both [U.S./California] citizens. Bob sends all documents required to Cob in a ...
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What does it mean when a court case is "dismissed"?

I've heard a number of conspiracy theorists say that court cases related to 2020 election fraud were "dismissed without looking at the evidence". According to wikipedia there have been 55 ...
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Are courts "duty-bound" to enforce Rules of Procedure?

In Hunter v. Serv-Tech (E.D. La. 2009) referenced in this answer, the court denied a critical motion on a technicality and explained its reluctant decision saying: [T]he Court is duty-bound to apply ...
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Surrogate Court Petition NY - What County

FOR NEW YORK STATE If you need to submit a petition to the surrogate court for executor purposes, what County? I was told the county that the person passed away in and issued the death certificate, is ...
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0 votes
2 answers
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Are "small" courts more "informal" than "big" ones?

By "small" court, I mean a small claims or district court. By "big" court, I mean a circuit or federal court. ("State" courts would probably be in the middle.) Apparently,...
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Adapt the oath of truth to a reasonable version?

I find the oath Do you swear to tell the truth, the whole truth, and nothing but the truth? an almost absurd request. It is common-sense that nobody knows the whole truth about anything, so how ...
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6 votes
3 answers
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How does lawyers' duty of fidelity to court work?

Rules of conduct and client care for lawyers say in Chapter 13: The overriding duty of a lawyer acting in litigation is to the court concerned. Subject to this, the lawyer has a duty to act in the ...
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In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?

At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers. I understand in the payment hearing the creditor can ...
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65 votes
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What happens if I negatively answer the court oath regarding the truth?

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Witness: No. What would happen? Unfortunately, in the limited ...
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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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3 votes
1 answer
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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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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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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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3 votes
3 answers
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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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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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13 votes
5 answers
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Is there any limit to the rate at which court cases can be filed?

Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or ...
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0 votes
3 answers
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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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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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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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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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