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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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21 views

Ex-parte communication between a Judge and Prosecutor - ethical breach or cannon 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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1answer
28 views

Would a Notice of Entry of Appearance be required in federal bankruptcy case going pro se?

Let's say someone were to initiate a Chapter 13 bankruptcy in federal court of course. And they had an attorney prepare the filing and take the case through confirmation. But a while later, the ...
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1answer
50 views

Obtaining an address for servicing notices from my ex landlord

I will be suing my landlord about a week or 2 after I leave, and I am wondering if, from a legal perspective, I can still use the same address for servicing of documents & notices, as on our ...
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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 ...
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3answers
844 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 ...
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1answer
93 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 ...
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61 views

Is it frivolous/inapproptiate to dedicate a court document to a close relative?

It is not uncommon for writers, musicians etc. to dedicate their creative work to someone close or important to them. Court documents are often started with "May it please the Court:" which is not a ...
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2answers
49 views

Can case law never appealed in a higher court be appealed and overturned?

I will phrase this question in New Zealand legal terms but I am actually interested in any common law jurisdiction or any jurisdiction with adversarial system. Say there is some case law made in the ...
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5answers
353 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 ...
6
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1answer
141 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 ...
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2answers
49 views

What kind of documents on a civil case file can be not accessible by the plaintiff?

Say Bob filed a civil lawsuit against Rob. Normally documents that get filed on the case will be served on Bob (and all other parties involved) — submissions, affidavits, judges' minutes etc. I am ...
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1answer
77 views

When going to court should a plaintiff preemptively refute the other sides defense?

In small claims court, if the plaintiff knows what the defendant will likely say, should the plaintiff address these in the initial application? This makes sense to me because usually someone going to ...
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2answers
49 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 ...
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1answer
93 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 ...
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41 views

I read this story about a physical assault. How much of it actually makes sense? [duplicate]

I read this story about an assault, and I'm wondering if it adds up or not. So these two guys get into an argument, and it gets really out of hand, causing one of the guys to tackle the other guy and ...
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1answer
536 views

What does a trial for Terrorism look like in France?

I'm a writer, and need help for a book that takes place in Paris. According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
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3answers
196 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 ...
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2answers
96k 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 ...
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1answer
55 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. ...
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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, ...
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3answers
185 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,...
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16 views

Does plaintiff need to file affidavit of his own statement of fact?

A pro-se plaintiff in a civil proceeding files a Statement of Claim in which he explains his Causes of Action, refers to attached documents ("Annexures") and contends his points about what the ...
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1answer
66 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 ...
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1answer
61 views

Suing a Cellular Company that Charged Me for Years Without My Knowledge

I am planning to sue a cellular company for charging me (for two phone numbers) for 10 years after a cutoff request. I contacted the company, and they admitted to wrongly charging me but only for one ...
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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 ...
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1answer
121 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 ...
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2answers
164 views

Is there any case law on counsel perpetrating ruses on witnesses?

This question relates to an earlier question I asked here, but I am looking for a broader answer citing case law. I would like to know if there is any case law relating to the legal limitations on ...
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1answer
4k views

Does a Certificate of Service need to be completed before filing a motion with the court

If I'm filing a motion which includes a page called "Certificate of Service", do I need to complete that page and have it notarized before going to court? I ask because it doesn't seem like there ...
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2answers
289 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 ...
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0answers
51 views

Differences between Dismissal with Prejudice, Summary Judgment, Directed Verdict, JMOL, and JNOV?

What (if any) are the particular differences in U.S. courts between dismissal with prejudice, summary judgment, directed verdict, judgment as a matter of law (JMOL), and judgment notwithstanding the ...
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2answers
135 views

My attorney dropped me without reason

My attorney dropped me without notification via letter and then filed a withdraw for a worker's comp case. He claims it is irreconcilable differences but I barely talked to him about my case. Actually ...
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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 ...
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3answers
237 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 ...
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1answer
101 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 ...
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1answer
147 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 ...
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1answer
71 views

Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK

A district Judge made an unfair and biased possession order to make me homeless despite I provided large volume of evidence such as digitally dated photos, Facebook photos, over than 8 neighbours ...
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0answers
57 views

Is making my co-tenants sign a contract to pay their share of the bills helpful in court?

I share a house with three other people, and as I was the first to move in, I had to sign up for some of the bills with my name. However, some of my co-tenants are rather slow and unwilling to pay ...
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2answers
78 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 ...
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0answers
99 views

What options does a judge have to control an unruly defendant?

If a defendant is unable or unwilling to control himself (in terms of interrupting procedure), what options does a judge have besides physically gagging or taping the mouth shut? Clarification via ...
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4answers
277 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 ...
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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?
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1answer
443 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 ...
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1answer
94 views

Is the law in Indonesia adversarial?

In US, the trial is adversarial. The court works with 3 parties One argue one way (The defendant is very evil and deserve punishment). Another argue another way (the defendant is a saint). Then a ...
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3answers
180 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,...
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2answers
15k 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 ...
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3answers
471 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 ...
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1answer
67 views

What makes a document translation “court certified” in Massachusetts?

I have an agreement document which I need to translate into English, to be accepted as an exhibit in Massachusetts court. Looking around for certified translation services, there seem to be many that ...
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1answer
119 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 ...
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1answer
858 views

Chain of Custody

So chain of custody is obviously important, but why? I have seen many articles referring to drugs and one where the murder weapon was handled without gloves. But what about other types of evidence ...
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1answer
326 views

Warrants and statements under oath

If an arrest warrant is issued does that mean a statement was made under oath? If so if a part of the statement for the arrest warrant is proven false what are the implications? In the case of a ...