Questions tagged [rules-of-court]

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

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6 votes
1 answer
123 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 ...
1 vote
1 answer
159 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 ...
-1 votes
1 answer
125 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 ...
1 vote
2 answers
299 views

Do all exhibits have to be e-filed if one e-files their suit or can exhibits be mentioned in the complaint but presented in person

I plan on e-filing my lawsuit, but it will be impractical to upload the number of exhibits, plus some of them take up multiple screenshots. So, is it okay to refer to "exhibit 1" and mention ...
6 votes
7 answers
2k views

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 ...
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 ...
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 ...
1 vote
2 answers
198 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, ...
0 votes
2 answers
132 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 ...
-3 votes
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?
0 votes
2 answers
764 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 ...
-2 votes
1 answer
49 views

When are county court decisions binding upon the “London region” of the county court?

And what unites or defines the “London region”?
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 - ...
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 ...
19 votes
4 answers
8k 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 ...
4 votes
5 answers
4k views

If a court witness self-implicates are they automatically charged?

If a witness under oath in court gives evidence that reveals they have committed a previously unknown crime or offence, are they automatically charged or is there another process that may or may not ...
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 ...
1 vote
2 answers
110 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 ...
-2 votes
2 answers
233 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 ...
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 - ...
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, ...
36 votes
5 answers
6k views

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 ...
0 votes
1 answer
74 views

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 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 ...
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 "...
-1 votes
1 answer
76 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 ...
2 votes
1 answer
76 views

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 ...
2 votes
1 answer
152 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 ...
-2 votes
1 answer
128 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 ...
-2 votes
2 answers
93 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 ...
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 ...
0 votes
1 answer
80 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 ...
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 ...
0 votes
1 answer
238 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 ...
1 vote
1 answer
54 views

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 ...
0 votes
1 answer
55 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 ...
-2 votes
2 answers
256 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”)?
0 votes
3 answers
119 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 ...
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 ...
0 votes
1 answer
87 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 ...
7 votes
1 answer
2k views

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 ...
0 votes
2 answers
95 views

If Defendant agrees to settle, can the Plaintiff still be awarded legal fees?

Say Defendant owes Plaintiff money. It's a relatively simple case, such as Plaintiff did work but Defendant isn't paying Plaintiff. Plaintiff files an action in small claims, and Defendant finally ...
28 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 ...
0 votes
1 answer
48 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 ...
0 votes
1 answer
100 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 ...
4 votes
1 answer
765 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 ...
11 votes
1 answer
798 views

Does the gavel have a legal significance, or is it purely ceremonial?

Judges in US courtrooms famously use a gavel at appropriately dramatic points in a trial. If a judge fails to use a gavel, or uses it at the wrong moment, is this legally significant? Or is the ...
1 vote
1 answer
150 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 ...
1 vote
1 answer
89 views

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 ...
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 ...

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