Questions tagged [rules-of-court]

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

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What are the standards for binding pleadings? Staples? Paper clips?

When submitting pleadings to a court, normally there are two pieces: a court-provided cover sheet and the pleading itself. What is the normal way to connect these pieces of paper? (1) staple ...
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346 views

Does a defendant in a criminal misdemeanor trial have to show up for announcement?

I noticed that for speeding tickets and class C misdemeanors in our county court in Texas, the court will many times schedule an announcement repeatedly. If a defendant shows up for the announcement ...
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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
473 views

What does “procedural defenses” mean?

I have filed a petition with the New York State Review Office, to appeal the decision in my son's special education impartial hearing (using 2016 rules). The process allows for the school district to ...
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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 ...
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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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1answer
117 views

When and where can email be used in court and attorney communications? (US)

Pretty broad question, but I'm curious: When and where can email be used in court and attorney communications in the US? I know that email and forms of online identity are not at such a technological ...
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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
150 views

How long can the government charge you after arrest but before trial?

If a person has been arrested already, can the federal government bring up additional felony charges while that person awaits trial? And if so how long does the government have to bring up the ...
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926 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 ...
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133 views

Ways to speed up a divorce?

Situation: One spouse is interested in getting the divorce over with quickly, and the other spouse is interested in going very slowly. The interest in going slowly is because the status quo is much ...
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2answers
875 views

Can a Judge ask for a manifest injustice then dismiss the motion?

First, a Pro Se POST CONVICTION RELIEF was filed for an issue relating to tampering with evidence (a Joseph Graves issue) and the judge responded with: Since Defendant is seeking to withdraw her ...
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3answers
244 views

Must a defense be given if a plaintiff's accusation is nonsense?

In court what happens if a party makes a nonsense accusation, almost as if they aren't thinking straight? For example if someone launched the case against you "he must have stolen the banana loaf ...
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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 ...
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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 ...
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1answer
123 views

Is not raising a mitigation argument, ineffective assistance of counsel?

If a defendant's counsel does not raise a mitigation argument, is that considered ineffective assistance of counsel?
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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 ...
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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 ...
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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 ...
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86 views

What is preventing a person from harassing another with ridiculous law suits?

If Bob doesn't like Bill what is preventing Bob from annoying Bill by constantly coming up with new, ridiculous, small claims against him? Just going to court and preparing evidence is very stressful. ...
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1answer
71 views

Under what conditions is it possible or required to change one's own affidavit?

What are the options if a fact witness in a civil case writes an affidavit that is filed with the court and later finds out that the affidavit is simply wrong? For example, the affidavit said that ...
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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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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 ...
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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 ...
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1answer
666 views

Can plaintiff or defendant questions judge - or it against the law?

I watch a lot of judge Judy and many of you know its irritating. When she say she cannot look into the evidence or she have so many other work to do .How can a judge behave like that to public ? ...
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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?
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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 ...
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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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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 ...
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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 ...
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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 ...
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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 ...
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1answer
130 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 ...
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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 ...
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6answers
518 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 ...
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3answers
748 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 ...
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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
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 ...
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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 ...