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.

232 questions
73
votes
4 answers

What happens if I negatively answer the court oath regarding the truth?

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Witness: No. What would happen? Unfortunately, in the limited research I did, I could not find a definitive…
Aloha
  • 741
  • 1
  • 5
  • 6
66
votes
2 answers

Can you refuse to swear on the Bible?

Everyone has heard the procedure to get sworn in in an American court: Put your hand on a Holy Bible and answer yes to "Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?" However swearing on a Holy Bible to…
ratchet freak
  • 1,020
  • 1
  • 8
  • 12
37
votes
5 answers

Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?

In news articles, I often read that some organization refused to comment on an issue because it is the subject of "ongoing litigation". This is also mentioned in many guides on public relations, for example this article, How to Control Your Message…
sleske
  • 9,071
  • 4
  • 29
  • 65
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
  • 1,754
  • 3
  • 16
  • 21
28
votes
1 answer

What was the original idea behind the practice of courtroom wigs?

English judges and barristers have for a long time had to wear wigs. What was the intended implied message by the object aesthetic? What was the look of a judge or advocate wearing that type of courtroom wig intended to evoke about the character,…
TylerDurden
  • 11,476
  • 3
  • 33
  • 105
26
votes
10 answers

Why can courts refuse evidence?

The question Layman here. This question was inspired by this question and random things I've heard/read over the years. I'm quite confused by a concept that comes up again and again and which people seem to hold for self-evident. And that concept is…
Vilx-
  • 1,015
  • 11
  • 14
22
votes
3 answers

Why don't courts punish time-wasting tactics?

Inspired by the lawsuit filed amidst an ongoing controversy in the chess world. In brief, one player (Carlsen) accused another (Niemann) of cheating, and Niemann filed a defamation lawsuit against Carlsen + two other defendants (Chess.com &…
Allure
  • 4,352
  • 4
  • 30
  • 57
21
votes
4 answers

Adapt the oath of truth to a reasonable version?

I find the oath Do you swear to tell the truth, the whole truth, and nothing but the truth? an almost absurd request. It is common-sense that nobody knows the whole truth about anything, so how could one ever disclose the whole truth? (Socrates…
LoremIpsum
  • 333
  • 2
  • 8
21
votes
2 answers

Why was Joe Arpaio not given a jury trial?

Joe Arpaio, the former Sheriff of Maricopa County, AZ, was found guilty of criminal contempt of court by U.S. District Judge Susan Bolton on July 31, 2017. Apparently Arpaio requested a trial by jury, but this was denied. On what legal basis was…
Thomas Steinke
  • 529
  • 4
  • 14
20
votes
4 answers

Why does Double Jeopardy apply if you confess?

If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in those circumstances? There is now no doubt that…
Jon
  • 480
  • 1
  • 6
  • 12
19
votes
2 answers

Why do judges use a hammer in court?

In many movies featuring a court scene, the judge is seen pounding a wood hammer on the desk to either silence the court room, or to announce a decision. Why do judges use a hammer? Is it only a Hollywood movie feature, or does it happen in real…
kevin
  • 1,773
  • 1
  • 18
  • 32
19
votes
4 answers

How serving documents ensure that a party got the right ones?

Legal documents are usually served in envelopes (I am French, and this is what I get from movies or celebrity dramas). It seems that the act of handing over the envelope (at least in the "in-person" version) is enough to ensure that the documents…
WoJ
  • 2,696
  • 3
  • 21
  • 30
18
votes
2 answers

Why are there two case numbers for United States v. Trump?

There are two almost identical case numbers assigned for the case United States v. Trump. The dockets are almost identical. 1:23-cr-00257-TSC USA v. TRUMP PACER CourtListener 1:23-cr-00257-TSC-1 - TRUMP, DONALD J. PACER CourtListener What is the…
Daniel McDonald
  • 183
  • 1
  • 6
18
votes
4 answers

What is the legal basis for judges being able to see classified material?

Marcy Wheeler, in her emptywheel Twitter account, recently tweeted: I addressed this question in this post. No, Cannon does not need a clearance. Her access comes via dint of her responsibilities, just like Members of Congress who need to access…
Simd
  • 712
  • 6
  • 16
18
votes
7 answers

Do countries (with rule of law) exist where a court can require the legislature to vote on a law in order to clear ambiguities?

I thought of this due to Roe V. Wade being recently overturned. From my understanding, (and if I am mistaken, then just take this as a hypothetical) it is not clear to everyone whether the constitution allows states to limit the right to abortions.…
HanMah
  • 367
  • 2
  • 9
1
2 3
…
15 16