Questions tagged [rules-of-court]

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

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57
votes
2answers
80k 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 ...
35
votes
3answers
8k 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 ...
22
votes
2answers
9k views

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, ...
18
votes
2answers
16k views

Why do judges use a hammer in court?

In many movies featuring a court scene, the judge is seen pounding a wood hammer on the desk to either silence the court room, or to announce a decision. Why do judges use a hammer? Is it only a ...
13
votes
2answers
97k views

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 ...
10
votes
3answers
857 views

Why can't a party raise new arguments in United States court of appeals?

In the Lavabit judgement, I saw this: see also Agra, Gill & Duffus, Inc. v. Benson, 920 F.2d 1173, 1176 (4th Cir. 1990) ("We will not accept on appeal theories that were not raised in the ...
9
votes
2answers
1k views

How does binding precedent work with juries in trial courts?

How is a jury in a federal trial affected by binding precedent such as that of a SCOTUS decision? If the jury is selected from ordinary people, they obviously are likely to have no familiarity with ...
9
votes
2answers
115 views

Federal Rules of Procedure - Multi-jurisdictional local rules

Has anyone anyone ever come across a full set of the complete Federal Rules that also contains an indexed version of every jurisdiction's local rules? I looked last year and I know the big 2 didn't ...
8
votes
3answers
1k views

May I contact a person who wrote an opposing affidavit?

I wrote an affidavit for a divorce proceeding in Georgia (USA), as a fact witness (not an expert witness). I read an affidavit of someone who wrote an affidavit for the other side. I am concerned ...
8
votes
2answers
925 views

UPDATE: 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 ...
8
votes
1answer
2k views

Requirements to file an Amicus Curiae brief

What are the requirements or preconditions that must be met in order for someone to file an Amicus Curiae "friend of the court" brief? What form can the brief take?
7
votes
5answers
385 views

Can a lawyer subject the court to a (temporarily) 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 ...
7
votes
1answer
454 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 ...
6
votes
1answer
1k views

Simple techniques to take away from police officer's credibility

Are there any simple and easy methods to try to detract from a police officer's credibility? I'm interested in the US legal system. Example When challenging a traffic ticket, you can take notes or ...
6
votes
1answer
142 views

What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?

Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no ...
5
votes
1answer
152 views

Is trial courtroom layout prescribed by rule or law?

In the United States, in general criminal trial courtrooms, I have always seen the defense positioned furthest from the jury and the witness stand. However, I gather that not only is there no law or ...
4
votes
1answer
129 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 ...
4
votes
6answers
516 views

What is the opposite of argumentative?

From Wikipedia: Argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. ... For example, if a lawyer ...
4
votes
1answer
143 views

Federal Rule of Civil Procedure Rule 11

Can a FRCP Rule 11 Motion suffice as a "responsive pleading," or do you have to either (1) answer the complaint; or (2) file a rule 12 motion, to meet the responsive pleading deadline, and then later ...
3
votes
3answers
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 ...
3
votes
1answer
159 views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
3
votes
3answers
199 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 ...
3
votes
2answers
411 views

How should I conduct myself in a UK magistrate's court?

The background on this is that I sold my first motor vehicle to a scrap yard to be disassembled for parts and/or sold. Unfortunately for whatever reason the V5 form (official document providing proof ...
3
votes
4answers
3k 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 ...
3
votes
1answer
123 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 ...
3
votes
1answer
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 ...
2
votes
3answers
189 views

Will I have to appear in court or another proceeding about a suicide I discovered?

I was riding my bike to work, and found someone lying in the grass on public land (the road verge) not private property. He appears to have died of his own intentional actions. The police were called,...
2
votes
3answers
2k views

Subpoena vs Motion to Compel

Are there clear rules on when to use subpoenas for discovery as opposed to requests? E.g., is it correct that subpoenas are supposed to be served for discovery from third parties to a legal action, ...
2
votes
1answer
120 views

Court referring to resources barely available to the general public

As a pro se litigant I have come across a judge referring in their minutes to a resource which is barely available to the general public. It is a loose leaf written by lawyers for lawyers on ...
2
votes
1answer
191 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
2
votes
2answers
564 views

what prevents defence lawyer from colluding with plaintiff

I realised I don't understand something fundamental about how the legal process works (surely many things, but here is one): Say it is a damages case, and a company is sued for a large amount of ...
2
votes
3answers
744 views

Petition or Motion: Finding practical court procedures and rules

Many of the processes for navigating a court can be found online in the state or federal code and rules that govern the court. But not all of them. I tried the following test: Imagine I'm involved ...
2
votes
1answer
59 views

Amount of distance from the Jury?

Having observed many jury trials, it seems that lawyers are only allowed to stand behind the podium or walk around the direct area around the podium (within 2 or 3 feet) while addressing the court. ...
2
votes
1answer
128 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 ...
2
votes
1answer
105 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 ...
2
votes
0answers
63 views

When is the right to retain or return a damge deposit “extinguished”?

I realize this is just for research and I'm not looking for specific advice. I had a dispute resolution hearing with my landlord where he tried to claim damages that my damage deposit could be used to ...
2
votes
1answer
223 views

Do they open the Bible during the court process?

Is the Bible being opened during the process in any state in USA in order to recite a quote from it or whatever? Do they swear on the open Bible or closed?
1
vote
3answers
499 views

loaded questions in pseudo-legal scenario

How is a loaded question dealt with in a legal, or legalistic, context? Is there particular language which is typically employed, or is there a strategy which is particularly effective? The specific ...
1
vote
3answers
65 views

Opinion Estoppel

As I understand it, estoppel is the notion that once a position is taken (i.e. all swans are white) that another contrary position may not be taken (some swans are black). That being said, counsel ...
1
vote
4answers
307 views

Is answering a question you are not sure about under oath perjury?

Suppose I struggle to see at night, but was witness to a crime that took place and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and ...
1
vote
3answers
186 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,...
1
vote
3answers
238 views

Has the First Amendment been held to include the right to film jurors?

When (in what case) has the First Amendment been held to include the right to film jurors in a court room? I also leave open the possibility that there has been no such holding or even an opposite ...
1
vote
2answers
10k views

In a rear-ending traffic violation, is the ticket dropped if the other party does not show up but the officer does?

I rear-ended someone and received a "failure to maintain safe distance" citation. I don't believe I'm at fault and am considering challenging it in court. I don't want to get an attorney or deal with ...
1
vote
1answer
80 views

Can court change case judges as it pleases?

Say a lawsuit has been filed with a court. A judge looks at the case and makes some initial directions (e.g. requests formal written statements, considers case management memoranda filed by the ...
1
vote
1answer
6k views

How does one federal appellate court's decision affect other circuits?

I'm just learning how the court system works, and I'm trying to figure out the scope of influence of each appellate court. If a decision is handed down by, for example, the 9th Circuit court, does ...
1
vote
1answer
98 views

Protocol if juror cannot hear or see something clearly

If a sitting juror, or a prospective juror during voir dire, cannot see or hear something clearly, what is the protocol for the juror to alert the court of this? Say something immediately? Raise your ...
1
vote
2answers
84 views

How can plaintiff/prosecutor hold the court to account if it intentionally stalls proceeding?

When the ball in court proceedings is on the judge's side, i.e. the judge is taking their time to work out directions/decisions, and it takes too long — what legal recourse does the plaintiff or ...
1
vote
1answer
175 views

Can a lawyer purposefully be argumentative and immediately withdraw a line of questioning?

In Season 14 Epsiode 3 of Law and Order, SVU (great start, I know), the defendant's lawyer leads an aggressive, argumentative line of reasoning several times when questioning a witness. Immediately ...
1
vote
1answer
81 views

Will those in UK who have had court fees charged to them, now get it back?

The UK government is going to stop the payment of Criminal Court Charges for those tried in court. Will those who have already paid these charges now get their money back, and will those charged ...
1
vote
2answers
50 views

When going to court is it typical to have multiple related claims?

I know in large legal cases you hear about in the news, the plaintiff usually has multiple torts they accuse the defendant of. For example company A is suing company B for negligence, breach of ...