0
Are local federal rules of court and state rules of court the same?
Wiki User
∙ 13y ago
No. They vary from state to state, and even from one state court to another. Federal courts use different procedures, as well. There are similarities between all of them that preserve all constitutional requirements, but one still needs to know the court rules where they intend to appear or practice.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
How long does the court give a company to answer to a complaint that was filed?
The summons itself will indicate the amount of time you have to respond to it. Is this in federal court or state court? Federal Rule of Civil Procedure 4(a)(1)(A) specifies that a party has 20 days to file an answer after they are served with a complaint. However, your local rules may be slightly different from this (the Federal Rules of Civil Procedure are the federal default). Usually, your state's Supreme Court website will have a link to the local rules. Just search "[name of state] Supreme Court" on your favorite search engine, and the website will likely come up first. If it is in state court, there should also be a link to the state court rules on the supreme court website as well. However, if it really does not specify on the summons itself, then there's nothing wrong with calling someone from the court to find out, especially if you are currently without representation. If you call the general number, they should be able to direct you to the appropriate person for help.
Could the federal government make the states obey its laws?
yes
In what kinds of cases does the supreme court have original jurisdiction?
The Supreme Court of the United States has federal jurisdiction. The Supreme court can also be used as an appeals court for state and local charges.
Is a trench shotgun ileagal to own?
Not if you follow all the local, state and federal rules
Are tobacco lawsuits being filed in federal court or in state court or both?
Cases will be filed in federal court if the plaintiff and the tobacco company are from different states. However, if a plaintiff sues the local stores he/she bought from the case may proceed in state court. However, tobacco companies will remove to federal court under theories that federal warning laws preempt state claims. A federal judge then decides to keep the case in federal court or remand to state court.
Does a civil complaint have to be notarized?
In federal court, the answer is no. I'm not aware of a notarization requirement for state court complaints, but state court rules could require it. In Pennsylvania state courts, a complaint needs to be "verified" but this does not require that it be notarized.
Where can you go to online too look up rules of civil procedure?
The link below has the Federal Rules of Civil Procedure (via Cornell University law school). There are separate rules for each state if your case is being heard in state court, but most states have rules that are pretty close to the Federal Rules. If you are planning a pro se action, your state's legal aid organizations and the state supreme court may have helpful information (including forms) on their websites.
Do you think courts should have local rules or all should follow the same ones?
In the Federal court system, courts should have some leeway to make local rules, because the volume of cases and the size of a district or circuit may dictate that different procedures be used to accommodate such differences. In addition, sometimes long standing state court customs have become so ingrained into the state court practice that it is actually beneficial for the federal court to provide some uniformity of practice between the two. Rules of procedure are there to make the procedure in courts efficient. Sometimes different rules in different situations can provide better efficiency than blindly following a single general rule.
Does a bankruptcy have to filed with the courts in the county where you live?
It is a FEDERAL law (and is handled by a FEDERAL court), basically under the same rules everywhere. (Some Courts allow special definitions for things in the case, basically to conform to the custom of the area they generally hear cases in). You file in a Federal District Court, which may or may not have any relationship to your County or even State.
How would you decide whether to file a court case in a state or in a federal court?
First, you have to figure out which court has jurisdiction over the subject matter of the complaint. If both state and federal courts have jurisdiction (as they often do) then you would consider which court system you prefer based on the court fees, procedural rules, propensities of the judges, etc.
Is local court part of the us court system?
Although law professionals will tell you it is a separate system, it is not. The US Supreme court has ruled that these systems are separate in so much as they are bound by the State constitution, and the Federal constitutions as well as the rulings of the US Supreme Court. State courts cannot divert from a Federal Court ruling; if they do the US Federal Court system will overturn the ruling.
What happens in court?
In civil court, the Rules of Civil Procedure are followed, either the State rules or the federal rules if the court is federal. One person brings a lawsuit, serving a summons on the defendant, then the defendant has a certain period of time to ANSWER (often 20 days). Motions are made and then the matter is heard before the court (either a Bench Trial or a Jury Trial), or the parties can settle before the case is heard in the court.
