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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 books are used to swear an oath in court?
Once upon-a-time it was quite common for witnesses giving testimony in court to place their hand on The Bible as the oath was administered. I suppose that in some juriscition they still do that, but in the locations I am personally aware of, all they make you do is swear that you will speak nothing but the truth.
Can a witness's statement be notarized?
A witness can make written statements of their own recollection and have THEM notarized if they wish, although I am unclear as to what purpose this would serve. A witnesses statement (notarized or not) cannot be substituted for their actual appearance and in-person oral testimony in court. Any oral statements made by a witness to investigating authorities are assumed to be truthful and accurate, and no need exists to notarize the notes that the investigators will take. Witnesses DEPOSITIONS can be notarized, although most depositions are given/taken while under oath anyway.
In British criminal cases the prosecution open the case with a summary, the defence go last with a closing speech.
If a judge stands by past decisions that judge is relying upon the principle of?
Stare decisis is the legal principle under which judges are obligated to follow the precedents established in prior decisions.
At sentencing hearing can a jury reverse a guilty verdict?
What can be done at a rehearing depends on the purpose of the rehearing. I assume you are referring to a rehearing preceding sentencing. The judge does not overturn a guilty plea at a rehearing. The defendant requests to withdraw the guilty plea and the judge either allows it or does not allow it. Or the defendant can request to change his plea to Not Guilty at a rehearing.
How do you amend a divorce decree in UT?
If it's been more than 30 days since the judge signed the Decree, you can't amend any part of the property division. However, anything having to do with the ongoing matter of the kids can be subject to a Motion to Modify (support, possession, etc.).
What are laws made by decisions of judges?
Laws are not directly made by judges in the Australian system of law. Instead, judges decide on cases brought to them, which in term creates a precedent (An act in the past which may be used as an example to help decide the outcome of similar instances in the future - http://en.wiktionary.org/wiki/precedent). This precedent is then used by judges in the future, when they face a similar case. This form of law is known as common law.
While common law is the most prevalent form of law in the Australian legal system, it is over-ridden by statute law(Written law, as laid down by the governing body - http://en.wiktionary.org).
How long does a county have to extradite an inmate from one county to another?
The term EXTRADITION does not apply to intra-state (within state) prisoner transfers. Since the prisoner is within the same state in which they committed their crime, the laws of the state apply equally to both counties there are no legal ramifications to moving a wanted prisoner from one county to another. Usually it is more a matter of county-to-county coordination and the availablity of manpower. If you committed a state offense, initially you can legally be charged with that offense regardless of which county captured you.
Can you get a masters in law even though your bachelor's degree is in something different?
No you cannot. You will have to complete four years of undergraduate coursework (bachelor's degree ), followed by three years of law school. After completion of law school you will have to pass the bar-exam in order to practice. The bachelor's degree is one critical requirement if you would like to be a candidate for law school.
What is a foreclosure dismissal?
Foreclosure dismissal is a simple foreclosure challenge that can be filed to the foreclosure complaint even without an attorney.
Added: A foreclosure dismissal is a court order dismissing a foreclosure action.
Can you take your spouse to court for cheating?
Installing a spyware remotely to access secret communication information on another phone without detection will require the help of a cyber expert . i have information which will help you greatly as it has also helped a lot of close friends
the prosecutor
What is the procedure for appealing to the circuit court?
It depends upon the laws of the state in which the "aggrieved" party resides. If the state does not have a constitutional or statutory provision pertaining to the type of case that is in question it is unlikely that an appellate court would hear the case. The general criteria for being able to file an appeal in a civil case is, a decision was rendered by a lower court that caused direct harm to a person's personal and property rights. The best option is to retain legal counsel or at least obtain legal advice before taking further action. It may be possible to obtain general information for filing procedures from the office of the clerk of the state appellate court in the county in which the interested party resides.
Can a warrant be issued for failure to appear to court for a show cause order for parentage testing?
If you continue to ignore the court order to appear the court can issue a warrant for your arrest. Then the local authorities (usually the Sheriff) will bring you to court for your appearance.
How long is the jail time for failure to pay child support?
You can't be jailed for not paying child support as that's illegal. You get jailed for contempt of court, so it's up to the interpretation of the judge. However, in this economy where they are needing to release non-violent rapists due to lack of funding to house them, which would you rather see in jail, the rapist or the father in arrears in child support?
What is the number of US Court of Appeals Circuit Courts?
Thirteen.
The US Courts of Appeals Circuit Courts are the thirteen intermediate appellate courts immediately below the US Supreme Court. Twelve of the Circuit Courts hear cases on appeal from US District Courts (trial) within their territorial jurisdiction; the thirteenth court, the US Court of Appeals for the Federal Circuit, has national subject-matter jurisdiction over cases initially held in the US Court of Claims, as well as appeals of patent, copyright, and a few other classes of cases.
Each Supreme Court justice has responsibility for handling emergency petitions for one or more of the Circuit Courts, which is a remnant of the "circuit riding" tradition, in which the Supreme Court justices traveled the circuits throughout the year, hearing cases in local forums.
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Fifth Circuit
- US Court of Appeals for the Sixth Circuit
- US Court of Appeals for the Seventh Circuit
- US Court of Appeals for the Eighth Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Tenth Circuit
- US Court of Appeals for the Eleventh Circuit
- US Court of Appeals for the District of Columbia Circuit
- US Court of Appeals for the Federal Circuit
For more information on the federal judiciary, see Related Questions, below.
What does it mean when the case status reads closed on a disposed by default civil case?
The case was closed. someone didn't show up to support their claim or didn't answer the claim against them.
The 5th amendment addresses the right of a suspect against self-incrimination and the 6th amendment guarantees the right to a speedy trial. Neither of these amendments are applicable to a suspect when they are ordered to appear at a "line-up" viewing.
Can a 15 year old of shared costudy choose the other parent to live with?
only in Texas, with limitations. See links
How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
You need to ask the court to issue a dismissal order, with prejudice. If the case is dismissed without an order at all, the other side can ask that the case be reinstated, with prejudice means that they filed the case for the purposes of harassment and cannot refile it again for any reason. Caveat; you could still ask that the case be dismissed for failure to timely prosecute the case and that the case is brought solely for the purposes of harassment to injure your credit, plus the fact that the case has already been tried and dismissed.
What does case status restored mean?
If a case was "stayed" for some reason - it is usually only a temporary event - if/when the judge rules that the case can resume he "restores" the case to whatever its status was prior to the stay being ordered.
In some states, if a defendant refuses to admit to certain facts in a request for admissions, the defendant might have to pay the costs incurred by the other party in gathering evidence to prove those facts if the defendant had no reasonable basis for not admitting to them.
