Questions tagged [rules-of-court]

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

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How is 'Caught in Providence' legal?

I watch Caught in Providence sometimes on YouTube (I understand it's also broadcast on TV in the US). I'm from the UK, where generally speaking filming in court is not allowed, and I find the setup ...
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1answer
24 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 ...
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Is there any limit to the rate at which court cases can be filed?

Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or ...
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2answers
54 views

Are “small” courts more “informal” than “big” ones?

By "small" court, I mean a small claims or district court. By "big" court, I mean a circuit or federal court. ("State" courts would probably be in the middle.) Apparently,...
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4answers
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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 ...
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1answer
137 views

How should I prepare in terms of dress and language to testify at a bail hearing?

So there's this situation, where a relative of mine has been arrested and caged up with charges of a white collar crime. In order for us to fight the prosecutors, we must bail him/her out first. I ...
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2answers
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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 ...
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3answers
118 views

How does lawyers' duty of fidelity to court work?

Rules of conduct and client care for lawyers say in Chapter 13: The overriding duty of a lawyer acting in litigation is to the court concerned. Subject to this, the lawyer has a duty to act in the ...
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1answer
72 views

In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?

At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers. I understand in the payment hearing the creditor can ...
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1answer
143 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 ...
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4answers
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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 ...
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3answers
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What's the point of those “spousal privileges” if, as I understand it, no-one can be forced to give a meaningful testimony anyway?

I don't understand this concept called "spousal privilege". Regardless of whether a defendant is a wife or husband in relation to a potential witness, the latter can always refuse to say ...
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3answers
131 views

Can an appellate court overturn part of a decision not appealed against?

Bob litigates against Rob. The case boils down to resolving two questions of law: X (rather critical to Bob) and Y (not so critical). The two questions are separate/isolated, although both are highly ...
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1answer
130 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 ...
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3answers
170 views

How friendly are learned friends supposed to be during court breaks?

In a courtroom, just when everyone arrives before the hearing, how common or expected is it for the opposing lawyers to shake hands (covid aside) and have small talk pretending (or really being) ...
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1answer
61 views

Does this conduct amount to any actionable judicial bias?

Bob takes Rob to the court which sets a date for the first hearing 12 January 2021. Rob's lawyer from lawfirm X applies for adjournment of the hearing a few weeks later for reason Y. Bob objects and ...
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3answers
169 views

Why can't self-represented litigants use “I” to refer to myself?

How can this be true for even pro se litigants in court? Why can't they use Singular First Person Pronouns in their pleadings, when they are alleging causes of action to them personally? How must they ...
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3answers
505 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 ...
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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 ...
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2answers
156 views

Are inferior courts bound by a decision of a minority of the Supreme Court judges?

Say the Supreme Court of 5 judges (in New Zealand) makes a judgment. Two of the judges (minority, though one of them is the Chief Justice) express a separate opinion on a question of law. Are the ...
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3answers
268 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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1answer
32 views

How is the “Truthfulness In Statements To Others” evaluated by a judge or the ABA?

In accordance to ABA 4.1, what are the conditions that would qualify a lawyer of unethical conduct in violation of rule 4.1? https://www.americanbar.org/groups/professional_responsibility/publications/...
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2answers
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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 ...
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1answer
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How might the legal system resolve court dates in a situation like the following?

Adam has a defamation suit against his ex-wife Eve for a lot of money in the United States. Adam also has a contract to perform professionally abroad from months 1 to 4. The latest court date (in the ...
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2answers
7k 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 ...
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1answer
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If you want to study the basics of law, where should you start?

Should you focus on memorizing the individual laws, or read court cases, or come up with scenarios? Should you study from the point of view of a lawyer or an individual citizen? What if laws change? ...
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167 views

Can it ever “not please” the court?

Can it ever "not please" the court? If my current understanding of the usual court proceedings (which are, admittedly quite beginner) is correct, from what I have noticed most lawyers will ...
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2answers
184 views

Why do lawyers ask “Is it not true that …”

I am aware of this previous related question Alternative to "Isn't it true that...?" when questioning witnesses The most upvoted answer to that question gave alternative ways of speaking....
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1answer
952 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 ...
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2answers
719 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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6answers
425 views

Are editable word documents ('.docx' files) accepted in court as evidence?

I keep most of my business documents in Microsoft Words (.docx) file format. Problem is these documents can be edited and tampered with. For my signatures, I just copy and paste a signature image onto ...
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7answers
958 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 on direct ...
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1answer
85 views

Reversing (overturning) vs remanding (remitting)

When a higher (appellate) court finds that a lower court erred in law, there are two possible outcomes: The lower court's decision is reversed / overturned and replaced with a new one. No new ...
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122 views

Is it common for plaintiffs to present their case at court hearings with an actual presentation?

At court hearings, where the plaintiff (or their lawyer) is given time to present their case, is it common for them to do it with an actual on-screen slide show presentation (like at a conference)? ...
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1answer
39 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 ...
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1answer
28 views

Why is the Rules Enabling Act necessary?

What is the Rules Enabling Act? I understand it is congress allowing the courts to make rules, but why does congress have to give that power to the courts? I thought the courts were independent, one ...
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1answer
56 views

Legal obligation to be represented by a lawyer registered in the local bar. human value and personal freedom

In Greece people are usually required by law to be represented by a lawyer in courts. In Private Law the sanction is fictitious default( the litigant may be there but the judge is supposed to ...
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1answer
57 views

Can a person communicate confidentially with a criminal court about a sentence?

I have heard it is at least theoretically possible for a Judge in criminal court in Georgia to reconsider a sentence. If a Judge is contacted by an interested person to request such a reconsideration,...
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6answers
700 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 ...
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1answer
356 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 ...
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1answer
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Traffic violation question, pls help

Ok please bear with me I am new. Basically here is my story, Me and my fiancé were heading to Walmart. In my little town I have to get onto the interstate for about 2,000 feet then merge off left to ...
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3answers
2k 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, ...
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1answer
84 views

What can I do if my attorney misses a court deadline?

In California civil court cases: Will court extend filing deadlines for me if I can prove that my attorney was unresponsive? Are attorneys liable for the consequences of missing court deadlines?
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1answer
91 views

What responses can be filed against plaintiff's complaint that was filed with intent to harass?

Imagine that a plaintiff and his attorney both have acted in bad faith and sued you, and that: "facts" alleged by the plaintiff in the complaint are wrong and the plaintiff's attorney has not done ...
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1answer
60 views

Are there precedents where attorneys have been punished for plagiarism in their court filings?

Let's assume that plaintiff and his attorney wrote a complaint and sued you in a state court. You later discover that plaintiff has brutally copy pasted multiple paragraphs from a different, unrelated ...
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1answer
124 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 ...
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1answer
65 views

801.d.2.D - Party Opponent

For mock trial, the case is STATE OF WASHINGTON, Plaintiff, vs. SYDNEY CARDEN, Defendant. Two of the witnesses are Sam Drucker (plaintiff witness), a manager for a local thrift store, and Kahuna ...
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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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51 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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1answer
65 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 ...