Questions tagged [rules-of-court]

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

Filter by
Sorted by
Tagged with
57
votes
2answers
90k 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
9k 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 ...
21
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
20k 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 ...
14
votes
2answers
106k 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 ...
11
votes
3answers
907 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
117 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
6answers
552 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 ...
8
votes
2answers
961 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
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 ...
7
votes
1answer
507 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
163 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
160 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 ...
5
votes
7answers
764 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 ...
5
votes
1answer
302 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 ...
4
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 ...
4
votes
6answers
334 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 ...
4
votes
3answers
1k 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, ...
4
votes
1answer
158 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
1answer
151 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
199 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,...
3
votes
1answer
841 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
201 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
435 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
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 ...
3
votes
1answer
156 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
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
121 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
200 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
1answer
80 views

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? ...
2
votes
2answers
671 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
2k 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
82 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
143 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
137 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
1answer
245 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
619 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
1answer
932 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 ...
1
vote
3answers
73 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
433 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
210 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: ...
1
vote
1answer
25 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 ...
1
vote
3answers
250 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
3answers
115 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)? ...
1
vote
1answer
91 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 ...