Jurisdiction and Venue
Jurisdiction and Venue The plaintiff’s lawyer must decide where to file the case. A court has no authority to decide a case unless it has jurisdiction over the person or […]
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Pleadings
Pleadings A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the pleadings stage of the suit. Pleadings are certain formal documents
Motions
Motions Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the most common pre-trial motions include: Motion to Discover. A motion by
Discovery
Discovery To begin preparing for trial, both sides engage in discovery. This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.
Pre-trial Conferences
Pre-trial Conferences Judges use pre-trial conferences with lawyers for many purposes. One type of conference gaining popularity is the status conference (sometimes called the early conference). This conference—held after all initial pleadings have
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Pre-trial Procedures in Criminal Cases
Pre-trial Procedures in Criminal Cases Pre-trial procedures in criminal cases follow the general pattern of civil cases, but with important variations. For one thing, the process is apt to be
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Bringing the Charge
Bringing the Charge Criminal charges are brought against a person in one of three ways: Through an indictment voted by a grand jury. Through the filing of an information by the prosecuting attorney (also
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Arrest Procedures
Arrest Procedures When an officer arrests someone, the accused is taken into custody. Similarly, when a grand jury returns an indictment or a prosecutor files an information, a judge or
Pre-trial Court Appearances in a Criminal Case
Pre-trial Court Appearances in a Criminal Case It’s especially difficult to generalize about this subject, since so much depends on a particular state’s procedures, whether it typically uses a grand
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Bail
Bail Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used