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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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1 answer
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UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
unknown's user avatar
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17 votes
6 answers
3k views

Can a lawyer subject the court to a (temporary) 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 ...
Ben's user avatar
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66 votes
2 answers
106k views

Can you refuse to swear on the Bible?

Everyone has heard the procedure to get sworn in in an American court: Put your hand on a Holy Bible and answer yes to "Do you swear to tell the truth, the whole truth, and nothing but the truth, so ...
ratchet freak's user avatar
7 votes
2 answers
993 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 ...
Alexanne Senger's user avatar
1 vote
2 answers
1k 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 ...
Greendrake's user avatar
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69 votes
4 answers
23k views

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 ...
Aloha's user avatar
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21 votes
4 answers
4k views

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 ...
LoremIpsum's user avatar
3 votes
3 answers
226 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 ...
First Last's user avatar
2 votes
1 answer
184 views

Getting courts to reconsider judgment when new evidence crops up

Say a District Court in New Zealand considers a proposed private prosecution and makes a ruling R that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
Greendrake's user avatar
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37 votes
3 answers
10k views

What if I say "this statement is false" while under oath?

Let's say I am in a court proceeding, and then make swear to tell the truth, the whole truth, and nothing but the truth. I tell the judge I would like to make an opening remark, he says yes, and I say ...
Christopher King'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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21 votes
2 answers
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Why was Joe Arpaio not given a jury trial?

Joe Arpaio, the former Sheriff of Maricopa County, AZ, was found guilty of criminal contempt of court by U.S. District Judge Susan Bolton on July 31, 2017. Apparently Arpaio requested a trial by jury, ...
Thomas'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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11 votes
1 answer
827 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 ...
Flup's user avatar
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9 votes
2 answers
1k views

What are the legal consequences for serving in a jury if you are not eligible because you are not a citizen?

I got a jury summons letter last week and was asked to be in court Monday. I went and was there for 5 - 6 hours deliberating with other jurors whether or not this guy should've gotten a speeding ...
Noah's user avatar
  • 341
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 ...
Greendrake'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
  • 460
4 votes
1 answer
258 views

Are motions to censure opposing counsel used?

Is it common, considered a good tactic, or even allowed, to move a court to censure – or even hold in contempt – the opposing counsel? If one has a reasonable argument for why the ...
feetwet's user avatar
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4 votes
3 answers
4k 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, ...
Partia's user avatar
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4 votes
3 answers
2k views

Why can't federal courts issue advisory opinions?

In the United States, federal courts are not allowed to issue advisory opinions under the "case or controversy" requirement specified in the Constitution. Many states also do not allow their courts to ...
bwDraco's user avatar
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4 votes
1 answer
228 views

Courtroom rules of order

Robert's Rules of Order famously provides widely accepted guidelines for conducting formal meetings. Is there an analog for conduct that applies generally or specifically to open sessions of judicial ...
feetwet's user avatar
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3 votes
1 answer
1k 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 ...
Greendrake's user avatar
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3 votes
3 answers
561 views

Why are there three truth parts to an oath?

In mathematical logic we have iff: if and only if. As an example of this for my classes I realised that in sworn oaths there are three statements for telling: 1: the truth, 2: the whole truth, and 3: ...
Geoff's user avatar
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3 votes
1 answer
1k views

If a petition is dismissed without prejudice can it be refiled?

If the rules and laws of a court allow a party to bring a petition, and that petition is dismissed with an explanation but with no mention of "prejudice," can the petitioner refile what is ...
feetwet's user avatar
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2 votes
1 answer
206 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 ...
Greendrake's user avatar
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1 vote
1 answer
1k views

Can plaintiff or defendant question judge?

I watch a lot of Judge Judy, and many of you know its irritating. She has said she cannot look into the evidence or she has so many other work to do. How can a judge behave like this to public? Is ...
zod's user avatar
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1 vote
1 answer
108 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 ...
Greendrake's user avatar
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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
0 votes
0 answers
158 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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