Law Stack Exchange
Law Stack Exchange

Questions tagged [rules-of-court]

Rules of practice and procedure in a court of law. Related tags: process, civil-procedure

Courts typically have written rules for accepting and adjudicating disputes.

For example, the U.S. federal courts have:

  • Federal Rules of Appellate Procedure
  • Federal Rules of Civil Procedure
  • Federal Rules of Criminal Procedure
  • Federal Rules of Evidence
  • Federal Rules of Bankruptcy Procedure

Most states have similar rules, which may draw from statute, the state's supreme court, or even the state bar association.

216 questions
37
votes
3 answers

What if I say "this statement is false" while under oath?

Let's say I am in a court proceeding, and then make swear to tell the truth, the whole truth, and nothing but the truth. I tell the judge I would like to make an opening remark, he says yes, and I say "My opening remark is a false statement." What…
Christopher King
  • 1,724
  • 2
  • 15
  • 21
4
votes
1 answer

Involving a witness in the settling of an objection

In the trial of Jodi Arias, during direct examination, the prosecutor objects to the details of some evidence. As a result both the prosecutor and the defence ask questions of the witness* about the validity of the evidence. Move to admit evidence…
chasly - supports Monica
  • 1,055
  • 7
  • 15
4
votes
3 answers

What is the difference between "I swear" and "I affirm"

In court oaths, there is the option to admit one of the following: I [...] swear [...] so help me God. I [...] affirm [...]. What is the significant difference? I am looking for code, statute, law, or perhaps a written reference to tradition.
Partia
  • 43
  • 1
  • 5
4
votes
1 answer

Courtroom rules of order

Robert's Rules of Order famously provides widely accepted guidelines for conducting formal meetings. Is there an analog for conduct that applies generally or specifically to open sessions of judicial courts? For example, the Federal Courts provide…
feetwet
  • 21,795
  • 12
  • 80
  • 175
3
votes
3 answers

Why are there three truth parts to an oath?

In mathematical logic we have iff: if and only if. As an example of this for my classes I realised that in sworn oaths there are three statements for telling: 1: the truth, 2: the whole truth, and 3: nothing but the truth. The first two of these I…
Geoff
  • 133
  • 3
2
votes
1 answer

Court referring to resources barely available to the general public

As a pro se litigant I have come across a judge referring in their minutes to a resource which is barely available to the general public. It is a loose leaf written by lawyers for lawyers on peculiarities of civil procedure which is constantly…
Greendrake
  • 27,460
  • 4
  • 63
  • 126
1
vote
2 answers

How does one federal appellate court's decision affect other circuits?

I'm just learning how the court system works, and I'm trying to figure out the scope of influence of each appellate court. If a decision is handed down by, for example, the 9th Circuit court, does that decision affect the other 12 circuits, too, or…
temporary_user_name
  • 245
  • 3
  • 11
1
vote
3 answers

Opinion Estoppel

As I understand it, estoppel is the notion that once a position is taken (i.e. all swans are white) that another contrary position may not be taken (some swans are black). That being said, counsel was hired by a board member to provide an opinion…
gatorback
  • 7,205
  • 2
  • 39
  • 78
1
vote
1 answer

Can a lawyer purposefully be argumentative and immediately withdraw a line of questioning?

In Season 14 Epsiode 3 of Law and Order, SVU (great start, I know), the defendant's lawyer leads an aggressive, argumentative line of reasoning several times when questioning a witness. Immediately after stating the question, the lawyer withdraws,…
VF1
  • 113
  • 3
0
votes
0 answers

What options does a judge have to control an unruly defendant?

If a defendant is unable or unwilling to control himself (in terms of interrupting procedure), what options does a judge have besides physically gagging or taping the mouth shut? Clarification via…
gatorback
  • 7,205
  • 2
  • 39
  • 78