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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

What is a motion to compel documents?

A motion to compel is a legal motion whereby one party is asking the judge to issue a court order to the opposing party to take some action. In the context of document production, this would be part of discovery, where one party is refusing to produce some evidence, and the complaining party is trying to force them to produce that evidence. If the order is granted, the noncomplying party may be subject to severe sanctions if the requested documents are not produced, including penalties payable to the court, paying part of the other parties legal fees, and even a judicial conclusion as to the matter at issue.

Can you be indigent in a civil court?

Yes. In the United States, ability to pay is not a defense against a civil suit. It is a concern only AFTER a judgement against the indigent person is rendered. An indigent may be granted court-provided defense counsel, though this is not legally required (unlike in a criminal case).

Can a federal court overrule an opinion of a state court?

There is no such thing as a tribal court in US law. If you are referring to a Native American reservation, they are sovereign land, and not subject to any United States jurisdiction, except where crime crosses the border into US soil.

How do you avoid paying a judgement?

You lost the court case and have been ordered to pay up. The shortest, and easiest way around this is to as the court ordered: pay the debt you owe.

What is it called when the prosecution asks the witness questions to clear up any confusion for the jury?

If the witness is a Prosecution Witness - the Prosecutor's initial questioning of their own witness is referred to as direct examination.

If, after the defense asks that witness questions (known as cross examination), the prosecutor feels the need to re-question their witness again (to clarify certain matters) that is called re-direct examination.

Does each Circuit Court in the US have a three-judge panel that hears appeals?

Yes, circuit courts do have 3 judge panels.

In the US Circuit Courts or US Courts of Appeals, a case is almost always heard by a panel of three judges, "three-judge panel", who are randomly selected from the available judges including senior judges and judges temporarily assigned to the circuit.

In some complex cases, the entire panel of judges at the court can consider hearing the case, rather than a panel of three judges. Such request for hearing is known as "En banc".

Federal Rules, Title 28, Chapter 3 §46 "Assignment of judges; panels; hearings; quorum" elaborates in detail.

What right is grandted by the sixth amendment?

The right for the accused to

  • Have a speedy trial
  • Have the trial held in county of which the crime was committed
  • Be informed of why he/she was even arrested
  • Have witnesses presented AGAINST him/her
  • Be given the right to present witnesses FOR him/her
  • Have an attorney to defend him

Can the da bring a case back to court once its dismissed due to lack of evidence?

Yes. Assuming the case was voluntarily dismissed by the DA for lack of evidence, the DA can re-file those same charges at a later date if he obtains additional evidence. Unless the crime is particularly severe or in the public eye in some way, however, it is unlikely many resources will be devoted to obtaining additional evidence.

Also, most crimes in common law jurisdictions have a statute of limitations which requires, in essence, that prosecution be instituted within a certain time. So, again, unless the crime is severe or violent, it will have a relatively brief (2-10 years usually) period in which a person can be prosecuted for it.

Thus while a DA can re-file on charges he voluntarily dismissed, he usually has a limited window in which to do so, and limited resources with which to accomplish it. Absent an external motivating factor like the severity or violent nature of the crime, any public outcry, or personal animosity, a DA re-filing charges would not be very likely to occur.

When does the court determine when a marriage has ended?

When a court issues a dissolution of marriage or divorce decree the date on which the judgment was entered will be recited on the face of the decree. However, the law varies in different jurisdictions. In some jurisdictions the decree is immediately final and the parties are free to remarry if they wish. Some jurisdictions require a waiting period before the divorce becomes absolute (or final). That type of judgment is called a decree nisi. In those jurisdictions the marriage is not legally ended until the waiting period has passed.

When you go to court and have a warrent do they arrest you?

That is RARELY the case. But it depends on how long it's been since you missed your date, and the violation. It's always the safest bet to bring the bond amount, which you can find out by calling the court, just incase they want to hold you in custody for the court date. If your excuse is legitimate, or you express apologies to the court and make the Judge believe you will not miss your next court day, it is very unlikely they will arrest you. Bring bond money just in case, but if you don't have it just come in with a suite and tie and a letter of apology and you'll be FINE. Remember, a Judge is far more likely to release you on your own recognizance if you show up on your own accord, vs bring brought in my law enforcement in handcuffs on a warrant.

How has the supreme court interpreted the sixth amendment guarantee of a speedy trial?

Courts are supposed to first consider how long of a delay there has been, and if the delay is long enough to make it a possible constitutional violation, THEN the next step is for the Court to consider the reasons for the delay and whose fault it was. If there was a long delay but it was due to the Defendant not being ready while the government was ready to prosecute, this Defendant probably has not had his rights violated. But if the defendant was ready and especially if the Defendant asked for a speedy trial and announced "ready" at prior court appearances, then any delay is going to be viewed as the State's problem.

Finally, the Court needs to look at whether there was any "prejudice" to the Defendant. Prejudice means that it's harder for him to defend himself from the charges against him now than it would have been if he had his trial months or years ago. Sometimes prejudice can be presumed if the delay is really long and not excused for good cause, but generally the Defendant will want to show that certain evidence or testimony that he expected to use for his side is no longer available now, but it was available earlier.

How much does it cost to do Annulment?

It requires a certain fee to file a civil action in court. What that fee may be will vary widely from court system to court system and state to state. As for what the attorney fees might be, no one can predict. Consult with an attorney in your area. Most, but not all, will generally give a few minutes of their time and will certainly tell you their fees.

What are excuses to get out of jury service?

Making up excuses to get out of jury service is a dereliction of US citizens' responsibilities. Jury duty is one of the very FEW obligations we are asked to perform as citizens. It shouldn't be shirked with excuses. However, IF you have a legitimate reason that is verifiable, the Court may excuse you. As well, for criminal cases, the attorneys might ask that a juror be eliminated.

In a trial what is a redirect?

In a trial:

  • a lawyer presents a witness to give directtestimony.
  • The opposing lawyer then cross examines the witness (to minimize the effect of the witness).
  • The original lawyer can redirect (possibly to reaffirm the witnesses original testimony.
  • The opposing lawyer may try to recross the witness again.

What happens if a man is charged for domestic violence in California?

Well you would have to be more specific about what information you are looking for. But, first he is arrested, charged and booked. Then, he see's a judge to determine if he is able to be released on his own recognizants. If the judge feels compelled to do so can also issue an emergency "no contact order" or " restraining order" to prevent future occurances until his court hearing. At the hearing the man will be seen by the judge for his charges and the man can decide if he wants to have a jury or a judge hearing. In either case if he is charged it is always possible he will be detained. One other thing, even if the man is charged and not found guilty or convicted, he automatically loses his right to bear arms for a minimum of two years. He will not be allowed to have knives, guns, nunchucks, or any weapon of any sort. If an officer finds these in his possession or where he resides at any time, can be in violation of his rights.

What is guarunteed in criminal cases?

an impartial jury is guaranteed in crimalnal cases

What can jurors discuss during the trial?

The jury is not supposed to talk to anyone, not family, friends, the media nor even fellow jurors, about the facts of the case until all of the evidence for both sides has been presented and the judge explains the applicable law to it. This prevents a jury from making a premature decision and prejudicing their objectivity. Otherwise, it can talk to anyone about anything else, unless it has been sequestered.

What is the Number of US Circuit Courts?

The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. Each federal judicial district has at least one courthouse, and many districts have more than one. The formal name of a district court is "the United States District Court for" the name of the district-for example, the United States District Court for the Southern District of New York. There are 89 districts in the 50 States, with a total of 94 districts including territories. The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies. The circuit courts have the following jurisdictions: Federal Circuit (Washington) D.C. Circuit (Washington) * District of Columbia 1st Circuit (Boston) * Maine * Massachusetts * New Hampshire * Puerto Rico * Rhode Island 2nd Circuit (New York) * Connecticut * New York * Vermont 3rd Circuit (Philadelphia) * Delaware * New Jersey * Pennsylvania * U.S. Virgin Islands 4th Circuit (Richmond) * Maryland * North Carolina * South Carolina * Virginia * West Virginia 5th Circuit (New Orleans) * Louisiana * Mississippi * Texas 6th Circuit (Cincinnati) * Kentucky * Michigan * Ohio * Tennessee 7th Circuit (Chicago) * Illinois * Indiana * Wisconsin 8th Circuit (St. Louis) * Arkansas * Iowa * Minnesota * Missouri * Nebraska * North Dakota * South Dakota 9th Circuit (San Francisco) * Alaska * Arizona * California * Guam * Hawaii * Idaho * Montana * Nevada * Northern Mariana Islands * Oregon * Washington 10th Circuit (Denver) * Colorado * Kansas * New Mexico * Oklahoma * Utah * Wyoming 11th Circuit (Atlanta) * Alabama * Florida * Georgia

How is the local court system structured?

Most states have local trial courts--municipal, county, district, and small-claims courts. Millions of civil and criminal cases are tried at this level.

What does decision of the court mean?

.... is called a VERDICT (verdicts are rendered by a jury); court decisions are typically called judgements.