Questions tagged [rules-of-court]
Rules of practice and procedure in a court of law. Related tags: process, civil-procedure
211
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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 ...
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1
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2
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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, ...
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0
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2
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114
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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 ...
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Are high court rulings precedential?
What courts if any are bound by past rulings of the high court, whether civil or criminal?
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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”?
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18
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2
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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 - ...
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6
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1
answer
979
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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 ...
- 107
19
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4
answers
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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 ...
- 460
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2
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97
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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 ...
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4
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5k
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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 - ...
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2
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216
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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 ...
- 460
6
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3
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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 ...
- 460
18
votes
4
answers
4k
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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, ...
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36
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 ...
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0
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1
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62
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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 ...
9
votes
3
answers
7k
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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 ...
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2
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1
answer
73
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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 ...
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1
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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 ...
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0
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1
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78
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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 ...
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9
votes
2
answers
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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 ...
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2
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86
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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 ...
- 9,113
0
votes
1
answer
143
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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 ...
- 9,113
10
votes
3
answers
2k
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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 ...
- 3,555
1
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1
answer
51
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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 ...
user49663
0
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1
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48
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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 ...
user49663
-2
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2
answers
163
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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”)?
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1
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76
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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 ...
- 9,113
0
votes
3
answers
117
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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 ...
- 9,113
2
votes
1
answer
49
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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 "...
17
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7
answers
8k
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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 ...
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1
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86
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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 ...
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0
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1
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44
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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
...
user49663
28
votes
1
answer
6k
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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 ...
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0
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1
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95
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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 ...
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4
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1
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763
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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 ...
- 1,035
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133
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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 ...
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10
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3
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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 ...
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4
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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 ...
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3
votes
1
answer
110
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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), ...
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3
votes
1
answer
125
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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 ...
- 155
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1
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52
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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?
- 9,113
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3
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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 ...
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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 ...
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2
answers
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Are opening and closing statements part of the record?
Lawyers are permitted to say things (e.g., "rhetorical flourishes" and "excusable hyperbole") during opening statements and closing arguments that would not be permitted during the ...
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3
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lawyer's corruption
If a corrupted lawyer during a court case intentionally doesn't provide enough given information by his client to the judge, i.e. intentionally doesn't represent given information and loses the case, ...
- 63
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5
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277
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How to determine a fair sentence?
I am reading a book called Noise, I am still at the beginning, but already I have a question. The book in the first chapter tells the story of how the US Sentencing Commission tried to set some ...
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3
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198
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As a citizen, we have the right to a speedy and fair trial by jury of our PEERS. How does a group of one's peers present their attendance to a judge?
A defendant has the right to be tried by his peers. A group of the defendant's peers want to attend the trial as these peers. How do we confront the judge with our rights to be those peers? Peers are ...
25
votes
10
answers
8k
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Why can courts refuse evidence?
The question
Layman here. This question was inspired by this question and random things I've heard/read over the years.
I'm quite confused by a concept that comes up again and again and which people ...
- 1,005
3
votes
1
answer
137
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Statutory Interpretation in Civil-Legal Systems?
There are several Statutory Interpretation rules which judges within the United Kingdom must follow when trying criminal cases under the Common Law system. These rules are used to prevent laws from ...
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3
answers
111
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When is evidence deemed adduced in bench (judge-alone) criminal trials?
Background
This question is answered easily for jury trials: something is put in evidence ("adduced") when the jury hears / sees it and there is no direction from the judge to disregard it. ...
- 25.6k