Questions tagged [rules-of-court]

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

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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 ...
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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
88 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
78 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 ...
6
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1answer
2k 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
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
95 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
953 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 ...
2
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1answer
285 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?
38
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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 ...
2
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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
506 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 ...
61
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2answers
98k 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 ...
4
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1answer
152 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 ...
4
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1answer
172 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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2answers
119 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 ...
5
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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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3answers
3k 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 ...
9
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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?
7
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1answer
559 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 ...
11
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3answers
936 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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