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Court Procedure
Court procedure is a term that refers to a set of rules that govern how a case may begin, how it would proceed, the types of statements allowed, the timing and conduct of trials, and the process for judgment.
3,025 Questions
When do third shift workers take off work for jury duty?
On the DAYS they are compelled to report for jury duty.
Do guardianship court papers expire?
Yes, if the guardianship was established for the protection of a minor, then it will expire upon the minors attaining the age of legal adulthood.
What is the prosecutors job in a court?
To present the government's case against the defendant and gain a conviction for the offense being tried.
ADDED: ONLY the government's attorney is referred to as "The Prosecutor." In civil cases the attorney for the plaintiff is known as "THE PLAINTIFF'S ATTORNEY."
What do you call a written statement for use as judicial evidence?
A deposition
Additional Info:
An "affidavit" or "certification in lieu of an affidavit" is the more likely answer. A "deposition" today is a recorded session of direct and cross examination of a witness under oath used for discovery purpose but which may also be use at trial. Another form of writing that might be used at trial is an "interrogatory." Also a discovery technique, an interrogatory is a written answer to a written question.
What is an exception to the exclusionary rule?
The exclusionary rule applies to the evidence allowable in a criminal case.
One exception is the "good faith exception" established by the US Supreme Court case, United States v. Leon. This exception provides that in some cases evidence discovered in an otherwise illegal search may be used at trial rather than excluded, provided the search had been made in good faith. This means that if the police honestly believed that the search was legal (even though on further review of the facts it was not), the evidence obtained will not be excluded.
This applies to officers' objective, good-faith reliance on a warrant, later found to be defective, issued by a detached and neutral magistrate.
(See below link)
What was the name of the Jewish court?
Beis Din Lit. House of Law
If you are referring to the Jewish court in ancient times, that was the Sanhedrin.
The termination of parental rights must be done through the state's established legal procedures. There are specific requirements that must be met before a parent is allowed to relinquish parental rights. A voluntary TPR when granted or one that has been mandated by the court due to child abuse and/or neglect is generally considered permanent, unless the court order allows exceptions to the established law(s).
Are restraining orders a matter of public record in California?
Restraining orders become a part of public records if they are not issued in direct conjuction with a crime such as sexual assault, rape, where state law provides protection for the survivor of such an assault.
Another name for a circuit court is an Appeals Court. '''Added:''' No, not necessarily. An Appeals Court is usually an entirely different level of the court system. So-called "circuit courts" can be known by different names in different states. Some states call them "superior court' and other different terminologies that has much to do with the history and customs of the particular state.
Can you get out of jail on arraignment date on felony charges?
It is POSSIBLE, if the judge sets it immediately. but usually that decision is made at a separate Bond Hearing which comes later in the process.
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You should be able to be out of jail before the arraignment date, because the "bond hearing" comes before the arraignment not later.
Federal Rule of Criminal Procedure 5 requires an arresting officer to bring an arrestee before a magistrate "without undue delay" for an initial hearing into the circumstances of the arrest and charges. The court is required to advise the arrestee of his right to pretrial release. The Rule states the court must either detain or release the arrestee.
F. R. Crim. Procedure 46 states that pretrial release from custody is governed by the statute at Title 18 United States Code Section 3142. That law states that: "Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be--- . . ." released or detained according to the provisions of the statute.
Subsection (f) of the statute states that the court may hold a detention hearing to determine if pretrial release is appropriate. The hearing shall be held immediately upon the person's first appearance before the judicial officer unless that person, or the attorney for the Government, seeks a continuance.
In other words the bail, or detention hearing takes place at or immediately after the initial hearing, which takes place "without undue delay" after arrest.
The "arraignment" under Fed. Rule of Crim. Pro. 10 takes place at a later date and is mostly a formality where the defendant's gives his plea. By arraignment date, all bail issues will have been resolved, although not necessarily to the arrestee's liking.
In New Jersey, the first appearance after arrest must take place within 72 hours of the arrest. At the first appearance the court must admit the arrestee to bail in accordance with other court rules. If the arrestee cannot make the initial bail, the court will review the amount not later than the next day except for Sundays/holidays. The actual arraignment might not occur until weeks the arrest especially if the arrest precedes the indictment.
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Another View: The conclusion of the second contributor narrowly focuses on FEDERAL rules of procedure, and since the overwhelming majority of felony cases occur, and are tried, within the STATES, the original answer was given in the context of state criminal procedure. Therefore the conclusion of the second answer is only specifically applicable within that narrow scope.
In felony cases, the Bond Hearing does NOT precede the Arraignment. Pre-trial release is not synonymous with pre-arraignment release. You can't be released from jail on bail or bond if no one knows what felony offense you are charged with, and no one knows what the charges against you are until you are ARRAIGNED!
"Arraignment Law & Legal Definition
Arraignment is usually a criminal defendant's FIRST appearance in court or before a judge on a criminal charge. At arraignment, the charges against the defendant will be read or the defendant will be asked if he/she is aware of the charges against them, and will be asked how they wish to plead. It is not a hearing to determine guilt or innocence.
If the accused remains in jail after their arrest, they must be brought before a judge for arraignment within 24-48 hours after arrest. The exact time limit varies though the U.S. Supreme Court now requires that if a person was arrested without a previously-issued warrant, they must be brought before a judge within 48 hours, so that a judge may determine whether there was probable cause for the arrest."
ALSO:
"Bail Law & Legal Definition
Bail is the money a defendant pays as a guarantee that he or she will show up in court at a later date. For most serious crimes a judge or magistrate sets bail during an arraignment, or in federal court at a detention hearing.
The Constitution of the United States directs that "excessive bail shall not be required." (Amend. art. 8.)
For minor crimes bail is usually set by a schedule which will show the amount to be paid before any court appearance (arraignment). For more serious crimes, the amount of bail is set by the judge at the suspect's first court appearance. . . . ."
Another Corrective Answer to the First Answer
1. Below is a Related Link to the Rules of Criminal Procedure for most states. A quick check of each one will show that for the most part they follow the Federal Rules of Criminal Procedure, therefore the above statement that the Federal Rules procedure ONLY applies to federal situation is misleading. The basic procedure of initial or first appearance and then arraignment is followed.
2. Answers to legal questions using dictionary definitions, whether legal or otherwise, for terms such as "arraignment" is probably erroneous, especially when such a term has an explicit definition in a law or statute. One cannot say that the procedure at an arraignment is one thing based on a dictionary definition, when the actual court rules of procedure specify something else. ALWAYS go with the primary authority, rather than the secondary authority.
3. A quick read of the actual rules for what happens at "initial appearances" and "arraignment" shows that getting out of jail , whether on bail, recognizance or dismissal of charges begins with the initial appearance.
4. A comparison of the procedure that obtains at the initial appearance includes decisions relating to release on bail. The rules on procedure at arraignments do not mention bail UNLESS it hasn't been done by that time.
5. The vast majority of felony offenders have the charges explained to them at the initial appearance. This is because most felony arrests are made during the commission of the crime. The indictment comes later, if there is one. Note that states are not required to proceed by indictment. That's because the Constitutional right to be indicted applies only to the Federal government not to the states. After the crime has been committed, the alleged offender arrested and gone through the initial appearance the government proceeds to indictment. The charges in an INDICTMENT or another procedure such as an INFORMATION or ACCUSATION are what gets explained to the defendant at an ARRAIGNMENT. This is basically to sum up the all of the chargesagainst a defendant.
6, Why aren't all charges made known at the initial hearing you may ask. The answer is that at the time of the arrest all of the felonies committed by a person arrested might not be fully known at the time of arrest and initial hearing. A bank robber caught in the act will be arrested for bank robbery and brought before the court where the arresting officer tells the judge and the defendant that he was arrested for bank robbery. Bail must be fixed at that time based on the bank robbery charged unless the prosecution convinces the court that additional charges may be brought upon further investigation. If that further investigation shows that while in the course of the robbery the defendant assaulted a bank teller, guard and customer, those charges will be added at the indictment stage. In addition, if it turns out that there was a getaway car driver involved in the heist, a charge of conspiracy will be added in the indictment.
7. The purpose of the arraignment, if you read the Rules, is to give the defendant information as to ALL of the charges against him and to give him the opportunity to AT THAT TIME enter his plea to all the charges.
8. Most courts do not accept pleas at the inititial hearing. The Federal Rules prohibit it.
9. A reading of the Rules shows that an indictment might not take place until weeks after the arrest. That means the arraignment might not take place until more weeks after the initial arrest. If a "bond hearing" were not held until AFTER the arraignment, all arrestees would spend weeks if not months in jail without hope of release while the prosecution takes its time to bring the indictment. This is not permitted in our criminal justice system.
The long and the short of it is that no matter what any colloquialism exists about what an "ARRAIGNMENT" is and when it occurs, you have to know the actual rule of criminal procedure that says what it is and when it happens and what happens at it.
Thus: the suggestion that a "bond hearing" occurs AFTER an arraignment is plain wrong and should not be relied upon.
Lastly I note that much of the further explanation given after my improvement is superfluous since it confirms the essence of my answer.
In a trial why does the judge read the verdict before the jury announces it?
There are specific documents that must be agreed upon and signed by the foreman of the jury before a verdict is valid. The judge reads the material to be certain everything is in order before a verdict is allowed to be read aloud in court and entered into the court record. If the documents are not properly filled out and signed the jury is remanded back to the jury room to complete the process as required.
How do you file Contempt of court charges against parent for not letting me see child?
Go to the courthouse from which the court order was issued. Explain to the court clerk how the order has been violated and that you want to file a contempt charge. The clerk will give you a "Show Cause" (or similar) form to fill out. The court will issue a summons to appear for court - don't miss the court date.
What to do when a contractor does not want to pay a sub contractor?
A subcontractor can turn to Construction or mechanics lien law in order to secure payment. By being lien law compliant, meeting specific requirements such as preliminary notices and within time restrictions, a subcontractor can withhold payments to the primary contractor or lien the property.
Lien laws are state specific and you should check your state's statutes for the requirements and restrictions.
Property owners can protect themselves from these liens by requesting waivers or releases from all subcontracts and the primary contractor for each payment as well as a Contractor's Affidavit at the end of the job in exchange for the final payment.
Referred to collectively as "The Court" or sometimes "The Bench." If the judges are working together, as they often do on appellate courts, they may be called a "panel."
What are the basic requirements for a person to qualify as a competent witness in civil court?
Generally, anyone who has personal knowledge of relevant matters, is able to understand the importance of telling the truth, and is willing to take the oath (swear to tell the truth) is competent to be a witness unless a statute or rule says otherwise (for example under Federal Rule of Evidence 605, the judge presiding over the case cannot be a witness in that same case).
How long does it take to get a divorce and where can I obtain legal advice?
The answer depends on many factors such as the type of divorce, whether there are children and the particular court system. You should try to arrange a free consultation with an attorney in your area who specializes in divorce.
Does the first day in jail count in jail time?
Yes it does. If it did not, the person could theoretically serve a longer sentence than originally given by the number of hours spent in jail that first day.
How much jail time could you get for bribery?
If the act of bribery falls under the Foreign Corrupt Practices Act (FCPA) then you could be put in jail for no more than 5 years. I got this information from http://www.usdoj.gov/criminal/fraud/docs/statute.html
To convict a person of a crime a court must find the person guilty by?
A judge or jury must reach the decision that the defendant is guilty beyond a REASONABLE doubt. Not beyond ALL doubt - just "reasonable" doubt.
Does the victim need to appear in court?
yes for their testimony and for cross-examination during questioning.
The jurisdiction of each federal court is derived from?
Mostly by Congress, within the parameters of Article III of the Constitution.
What does case closed statistically mean?
Case closed statistically means something different for each situation. If a parent or teacher says case closed it means that there will be no argument. In cases of the law, it statistically means that the case has ended and a verdict has been reached.
How do you contact your local small claims court?
Their telephone number should be in the government section of your local phone book. The name of the small claims court varies by state, but it is usually the same court that handles traffic tickets. If you contact the wrong court, in most cases, you will be redirected to the correct court.
Which courts regularly employ grand juries?
United States District Courts. District Courts are the point of entry to the federal judiciary for criminal cases. Grand juries are used to determine whether a suspect can be indicted and brought to trial, so they are only applicable at the pre-trial phase.
