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13 votes

Is a judge's completely arbitrary determination of credibilty subject to appeal?

First: see How is a judge to evaluate a witness's credibility? Appealability of credibility findings is extremely limited A fact-finder's determination of credibility is not an appealable issue ...
Jen's user avatar
  • 59.7k
10 votes

What does it mean when a court case is "dismissed"?

A case can be "dismissed" at (most) any time (however, the further along in the process a case is, the less likely a judge will allow a case to be dismissed without very good reason). A case ...
sharur's user avatar
  • 8,811
9 votes

Meaning of "Strike from the Record" in legal code? Is there *any* memory/record once "stricken"? By who/what handled/processed? Proof of striking?

My understanding is that "the record" only refers to the official record of the proceeding, e.g. the transcripts that would be kept on file and used as the basis for formal decisions. Such ...
Nate Eldredge's user avatar
9 votes

Under what circumstances would a change to the case name occur when no changes were made to the parties involved?

There are several reasons that case name might change. Here are twelve of them, roughly in order of frequency: A party is dismissed from the case and hence is no longer a party, so the next person in ...
ohwilleke's user avatar
  • 221k
8 votes
Accepted

How can I gather data from past cases in the US? Is it possible?

Let's say I wanted to generate a report on the trends in outcomes of civil cases. Is there anywhere I could download any kind of data related to it? The parties involved, maybe information about the ...
ohwilleke's user avatar
  • 221k
7 votes

Meaning of "Strike from the Record" in legal code? Is there *any* memory/record once "stricken"? By who/what handled/processed? Proof of striking?

The Different Senses Of The Word "Record" As Used In Court Cases The "record" in the sense used in the phrase "strike from the record" is the sum total of testimony, ...
ohwilleke's user avatar
  • 221k
7 votes
Accepted

What does it mean when a court case is "dismissed"?

It means that the case will not be heard in full, and it can happen for various possible reasons: The defendant files a "motion to dismiss" which is granted (for example if the plaintiff ...
Nike Dattani's user avatar
7 votes

How can I gather data from past cases in the US? Is it possible?

While there may be others, the only nationwide court case aggregator that I am aware of is: Lexis/Nexis It's not a free service but if you need this information presumably you have a paying customer ...
jwh20's user avatar
  • 3,486
7 votes

Why were some of Epstein’s clients names still redacted from the released court files?

Because they were victims Or, people who, if identified, would identify victims. The judge said a handful of names should remain blacked out in the documents because they would identify people who ...
Dale M's user avatar
  • 213k
7 votes

Is a judge's completely arbitrary determination of credibilty subject to appeal?

Findings of fact are generally not appealable* * - as long as they are not obviously unreasonable. A finder of fact - be it judge or jury - is allowed to weigh credibility as they see fit as long as ...
Trish's user avatar
  • 40.5k
6 votes

How do I get my misdemeanor conviction removed from public records websites?

Your question (when read with your follow-up comments) is somewhat complex, so I am going to make a few assumptions and break it down into several sub parts. Assumptions The conviction occurred in a ...
Mr_V's user avatar
  • 1,731
6 votes
Accepted

Is a filing in the public domain?

Court filings are, in general, matters of public record. This does not automatically put them into the public domain. This will mean that, absent a special order of the court, anyone will be able to ...
David Siegel's user avatar
5 votes

Are search warrants public records?

Short answer: Maybe. Long answer: The answer here varies from jurisdiction to jurisdiction. Normally, the process goes like this: The application for the warrant is usually made under seal or ...
bdb484's user avatar
  • 60.7k
5 votes
Accepted

Does the GDPR cover reference to court proceedings?

Privacy against publication of criminal convictions has been considered in the High Court in NT1 & NT2 v Google LLC [2018] EWHC 799 (QB), if I may run the risk of posting a legal citation myself. ...
Sellis's user avatar
  • 476
4 votes

How do I get my misdemeanor conviction removed from public records websites?

No, expungement does not give you rights to have the internet purged of your conviction. Public records sites might be interested in updating their records to reflect the expungement, but any media ...
feetwet's user avatar
  • 21.8k
4 votes

What other ways are used to record court proceedings other than "stenographers?"

From what I understand, courts occasionally use "sound" recordings in place of stenographer records. The original recording is not made available to the public but transcripts are. When, ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

What does "electronic verbatim record" mean?

Verbatim, despite sounding like verbal, only means that it is an exact account of what was said during the proceedings. Thus appending electronic to it means that this exact record is available in ...
animuson's user avatar
  • 4,295
3 votes

How to access US court proceedings if not a US citizen?

I run CourtListener.com and RECAP and I hear this question from time to time. It depends a little on what kinds of data you're after. Some folks need court data in real time as it's published by the ...
mlissner's user avatar
  • 524
3 votes

Does a destroyed file allow for an expungement?

Short answer: No. If a court destroys the criminal file due to age, the defendant's criminal record lives on in law enforcement databases, be it local, state, or federal. In San Diego, the Superior ...
darrenchaker's user avatar
3 votes

How long are the documents of courts stored in the contries of the West?

I'm not sure if you are asking for each of the countries listed, but I am assuming that they are there merely for example. In the US, the are a variety of different rules for its different court ...
sharur's user avatar
  • 8,811
3 votes
Accepted

Help me interpret this court record

There are a variety of reasons a judge might be disqualified. It could be that the judge was previous an attorney who represented someone (defendant, victim, key witness) involved in the case, it ...
ohwilleke's user avatar
  • 221k
3 votes

Can the military see my sealed juvenile record during the background check?

One answer is that you should say "yes", because it is a federal felony (5 years prison term) to say "no", because it is untrue, and you know it is untrue. This assumes that the question simply asks "...
user6726's user avatar
  • 215k
3 votes
Accepted

Which Supreme Court justices have been the most anti-intellectual property?

Which Supreme Court justices, present or historical, have ruled the most against intellectual property rights? In recent years, the U.S. Supreme Court has narrowed the scope of intellectual ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

Finding transcripts and associated documents for late 19th century Pennsylvania Orphans Court and Supreme Court decisions

is there a chance that that any of that still exists somewhere - a transcript/notes/etc from the Orphan's Court hearings, the auditor's report, and/or the transcript/notes/etc from the PA Supreme ...
ohwilleke's user avatar
  • 221k
3 votes

Do courts withhold hearing transcripts from parties anywhere?

Anywhere in the world, do parties to court hearings have no absolute right to access those transcripts (or recordings), subject to any fee that may be required to cover the costs of typing them back? ...
ohwilleke's user avatar
  • 221k
3 votes

Why were some of Epstein’s clients names still redacted from the released court files?

Firstly, the court, as far as I can tell, does not use "clients" to describe anyone, because that's not a relevant label for the issue being litigated and not a characterization that has, at ...
Jim Zhou's user avatar
  • 256
2 votes
Accepted

Under U.S. law, can an estate's executor be penalized for accidentally losing a document before the estate is closed?

What legal penalty might apply in a situation where documents were lost by accident before settling or closing an estate? Would there be civil or criminal penalties if, some but not all, documents ...
ohwilleke's user avatar
  • 221k
2 votes

Does a destroyed file allow for an expungement?

Not necessarily, if there is such a record such as the online listing you described, then I'd imagine a court would consider that as a record of the case. However I doubt a court would accept that a ...
CertainFont's user avatar

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