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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 TC IS in the court system?
It is USUALLY an abbreviation that means "Traffic Court" ALTHOUGH it definitely could have other meanings depending on the case it is attached to.
How many justices does the Mississippi supreme court have?
The Mississippi Supreme Court is composed of 9 justices.
What happens if you go against a court order?
I am enquiring about a court order that my husband has against me. He left me on the 25th June and kept ringing me from his parents house stating he was coming back, then saying he wasnt. I got a bit angry because he had left me so he had me arrested on the 4th July. On that day he managed to get my little girl from schoool and I have not seen her since. He put a court order in suggesting that my daughter is in danger from me which is ridiculous. I love my daughter so much and I want her back her with me. My bail as now been squashed but I am unable toget my daughter back because my husband got a court order on me. The woman he has left me for is violent and she has left her 3 children who are on the child protection register to live with my husband at his parents house. She has broken my arm and i am worried for the safety of my little girl. Is there any way I can get my daughter back or can the court order be overturned. What would happen to me if i disobeyed the court order. Any help would be greatfully appreciated
What is the document introducing the idea of trial by jury?
Bill of Rights, and it's a trial by jury of its peers.
Which court allows citizens to sue the government for financial compensation?
Court of federal claims A+
What if 6 members say guilty and 6 say not guilty?
That is known as a "Deadlocked" or a "Hung Jury." The judge will usually reiterate his instructions to the jury - instruct them in the applicable portions of the law - and send them back to deliberate further. In the final analysis if the jury remains deadlocked a "mis-trial" will be declared. And a new trial will be scheduled.
List the provisions of the 6th amendment concerning the rights of the accused?
Trial by impartial jury, speedy public trial, right to a lawyer, and right meet the lawyer against him/her.
What does ESCH mean in the court system?
It seems to be the prefix used when something is scheduled in a court. It may stand for "event scheduled"-- meaning a hearing or legal deposition has been scheduled, and you will need to appear. But just to be on the safe side, you may want to contact the court and confirm this, as different courts use different sets of abbreviations.
What is the relation of state court to federal court?
There is no "relationship." They are totally separate from one another. State courts are charged with the responsibility of interpreting and ruling on laws promulgated by their state's legislature, and exercising appeal authority over the lower courts of their particular state. State courts do NOT enforce ANY Federal Laws. Federal Courts are charged with the responsibilty of interpreting and ruling on Federal Laws. The only time State court matters come before them would be if a state court matter was appealed to the Federal Circuit because of a potential Constitutional issue.
Court adjournment can mean either of the following: 1) if an adjournment is sine die (final), the court has permanently concluded its business for a particular trial, hearing or other activity; or 2) the court is postponing the remainder of the proceedings until another appointed date, whether the next day or months in the future.
An adjournment should not be confused with a recess, which means a short break in the proceedings, with court resuming on the same day.
Some jurisdictions recognize the concept of "adjournment in contemplation of dismissal" (ACD), which mean a trial is postponed while the defendant performs some ordered prerequisite (e.g., community service) to dismissal. If the activity is performed to the court's satisfaction, and no further bad acts are committed, the case may be dismissed without a plea. If the activity is not performed to the court's satisfaction, or if the person reoffends, the trial will proceed at an appointed time. In essence, an ACD ruling imposes a period of probation on the defendant beforethe defendant goes to trial, without a plea of guilty or not guilty.
How long can a temporary custody order remain in place?
the greatgrandmother is the temp custody holder and was awarded this in Oct of 2005. Due to a bench warrant for a custody case that I started in Aug 2005, that on the date the court met for the hearing of the case was the day that H Katrina hit NO and sent gusting waves of wind to the East which was blowing the roof off of the court house and court was postponed to the next day. In the time from where I entered the court room and left it, I had court rulled visitation with my son (4 mths) over night, because his father ran off with him for 3 weeks and that was the first time I had seen him since he took off w/ our son, and my lawyer told my mother and I to leave, so we did. And when I came back to the father, I had a bench warrant in the state of MS and my son's Ggrandmother was awarded Temp Custody. So my really, really important Q is... If the order was made in Oct 2005, is it expired? Please, please, respond soon, it's really important for me to know. Thank you, Misty
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.
To be in contempt of court, you have to disobey willfully a legally allowable demand of the court. A legally allowable demand of the court could include instruction to attend court, to deliver up certain documents, or even as simply to be quiet during a court hearing where you have no right to speak. Contempt of court is usually dealt with by giving you a time limit to put that contempt right, however if you continue to disobey wilfully, the penalties can incur detention until such time as you agree to put the contempt right - in most cases just the threat of detention causes the contempt to be sorted quickly. The court is not permitted to ask you to do something out of your range of ability to do it or that the court is not permitted to do so - for example if you are giving birth you could not be jailed for failing to attend court - it is always based on reasonable demands.
"Verba legis" (LEGAL WORDS) is a LATIN expression regularly used by Thomas Aquinas to mean 'the letter of the law'.
When we contrast 'the letter of the law' with 'the spirit of the law', the medieval (or ancient) scholastic term for 'letter of the law' is "verba legis".
Between what hours can an officer to serve a subpoena?
A subpoena requires you to appear in court, not go to jail.
What happens when a prosecution withess lies in a police statement and court?
Lying under oath in court can have serious consequences. In a criminal tlrial you can be held in criminal contempt of court, not to mention behinc charged with 'obstruction of justice,' and can be jailed. In civil cases you can be ruled in civil contempt of court and face a stiff fine.
The document requiring that records be produced in court?
A legally binding request to provide records or documents to appear in court is known as a subpoena. A subpoena is a court order that requires an individual or entity to provide documents and/or appear in court. A subpoena may be issued by either the prosecution or the defense and is served by a law enforcement officer such as a sheriff or marshal. The documents and/or record requested must be related to the case in question and must be specific and relevant to the proceedings. Failure to comply with a subpoena can result in fines and/or imprisonment.
A subpoena typically requires the following:
- The name of the court issuing the subpoena
- The name of the party issuing the subpoena
- The name of the party being subpoenaed
- A description of the records or documents requested
- The date and time the records or documents are to be produced
It is important to note that a subpoena is a court order and must be followed. Individuals and entities that receive a subpoena must comply with the order or face potential penalties.
What does the plaintiff say in court?
The term 'plaintiff' indicates that the question is about the 'wronged individual' a civil case.
They testify about the facts pertaining to how they were wronged by an action or actions of the defendant/respondent.
These allegations are subject to the cross-examination of the defendants (respondent's) defense attorney.
What happens if you miss your court date in a civil suit against you?
The absent party to the case will lose the case by default. "Default" is often used to refer to the non-appearance of a defendant within the time prescribed by law to defend himself. It also signifies the non-appearance of the plaintiff in order to prosecute his claim. In that case, the lawsuit is usually dismissed.
It is possible that the default could be set aside (vacated) by the defendant, or reinstated by the plaintiff if there was a failure to appear. In either event, the affected party to the lawsuit would have to file a request with the court, called a "motion", requesting the desired relief. The motion would have to set forth factually or legally cognizable reasons for not showing up as required. Such a motion should also be filed as soon as possible after the default or dismissal.
The original of the motion gets filed with the Clerk of the court in which the case is pending, and a copy is mailed to the other party or their attorney, as indicated. Normally, the court will require a hearing on the motion. Depending upon the procedure followed in the jurisdiction, either the court takes it upon itself to set the hearing, or the moving party has to do so.
The complaining party in a court case is the?
In a civil case they would be the plaintiff.
In a criminal case they would be the prosecution (the Crown).
In an appeal they would be the appellate.
How do you remove an executor or trustee of estate will?
You can do this by drafting a Codicil and attaching it to your Will. A Codicil is drafted in the same form as a Will. Simply make a change to the section regarding beneficiaries. It should state clearly which article (or gift) of the Will is being removed from the Will. You must sign, have it notarized and attach it to you existing will. Depending on how long ago you made your initial will, you might want to review and perhaps draft a new one which will include the statement that any previous wills are null and void.
What is the consequence of plaintiff failure to appear in Virginia district court?
If the defendant fails to appear in a civil court lawsuit, the plaintiff can motion the court for what is known as a default judgement. In laymen terms, they win.
If the defendant shows up but the plaintiff did not, they can motion to have the case dismissed with prejudice. This means that the person who sued them cannot bring the same matter back to the courts again.
