So even if it seems highly unfair, do not be surprised if you encounter initial hostility from court personnel. In your eyes, you are an individual seeking justice and doing what you have a right to do. But to the people who work in courthouses every day, you may be perceived as someone who will make their jobs more difficult. Instead of helping you, they may even attempt to put obstacles in your path, hoping that you will get discouraged and go away.

There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial.


On November 2, 2018 the United States Supreme Court denied the Trump administration’s application for stay. On November 5, the Department of Justice filed a motion for stay with the U.S. District Court for the District of Oregon and hours later filed an application for stay and another petition for a writ of mandamus with the Ninth Circuit Court of Appeals. On November 8, a panel of the Ninth Circuit Court of Appeals granted, in part, the Trump administration’s motion for a temporary stay of District Court proceedings. The Court only placed a stay on trial, so trial preparations continue. During a status conference between U.S. District Court Judge Ann Aiken and the parties in Juliana v. United States, Judge Aiken indicated she would promptly issue a trial date once the Ninth Circuit lifts the temporary stay it placed on trial.
o Actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states; citizens of a state and foreign states or citizens or subjects thereof; or citizens of different states in which foreign states or citizens or subjects thereof are additional parties ("diversity" cases).
o Actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states; citizens of a state and foreign states or citizens or subjects thereof; or citizens of different states in which foreign states or citizens or subjects thereof are additional parties ("diversity" cases).

The news provides the first instance of individual telco customers pushing to be awarded damages after Motherboard revealed in January that AT&T, T-Mobile, and Sprint had all sold access to the real-time location of their customers’ phones to a network of middlemen companies, before ending up in the hands of bounty hunters. Motherboard previously paid a source $300 to successfully geolocate a T-Mobile phone through this supply chain of data.


If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase.
However, before such a petition can be filed in the federal court, the petitioner must pursue and exhaust all available state law remedies. This means that if you want to challenge a conviction or a sentence, you must pursue your right of appeal under Idaho law. This may be accomplished in two ways: (1) the direct right of appeal to the Idaho Supreme Court, or (2) by filing a petition for post-conviction relief in the state district court followed by an appeal to the Idaho Supreme Court. Only after you have fully pursued the available state law remedies will you be eligible to pursue a federal petition for writ of habeas corpus.

On Thursday, April 25, 2019, Facebook, Inc.  and Instagram, LLC filed a lawsuit in the United States District Court for the Northern District of California against Social Media Series Limited, a New Zealand company, and three other individual defendants for selling fake engagement services to Instagram users. The complaint alleges that the defendants sold fake […] Read More.


As Clerk of Court for the District of Idaho, my deputy clerks and I are willing to assist you with questions regarding the Local Rules of Civil Procedure and the Local Rules of Criminal Procedure for the District of Idaho as well as the Federal Rules of Civil Procedure and the Federal Criminal Rules of Procedure. However, by law we cannot answer questions of a legal nature. Do not hesitate to call on us regarding a procedural matter.


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Traditionally, legal representation was an all or nothing deal. If you wanted to hire a lawyer to represent you in a civil case, the lawyer would carry out all the legal tasks that the case required. If you couldn’t afford to—or didn’t want to—turn your entire case over to a lawyer, your only alternative was no lawyer at all: You would be a pro se litigant, representing yourself and single-handedly completing all legal tasks, such as preparing pleadings and appearing in court.
1. Arbitration: A dispute resolution process in which one or more arbitrators issue a non-binding judgment on the merits after an expedited, adversarial hearing. The arbitrator’s non-binding decision addresses only the disputed legal issues and applies legal standards. Either party may reject the non-binding ruling and request a trial de novo in district court within 30 days of the arbitrator’s decision. If they do not request trial de novo and do not attempt settlement, the arbitrator’s decision becomes the final, non-appealable decision.
Family law and bankruptcy matters merit separate chapters for a number of reasons. Each involves specialized hearings that you don’t find in other types of civil cases. Also, judges usually decide these disputes alone, without juries. And litigants frequently represent themselves in both family law and bankruptcy cases. This is especially true in divorce court, where at least one of the parties is self-represented in 80% of cases.
Rule 606 of SEC Regulation NMS requires broker-dealers receiving non-directed client orders to publicly disclose, on a quarterly basis, the top execution venues to which such orders are routed for execution. Broker-dealers also must disclose material aspects of the relationships they maintain with the identified execution venues. The Rule 606 statistics for Merrill Lynch, Pierce, Fenner & Smith Incorporated are available for public review by clicking here.
Can I afford a private child custody attorney? Each parent is aware of his/her own, unique financial position and resources. Some parents borrow money for an attorney, while others may possess significant savings. Divorced parents are often fortunate enough to have legal expenses covered by a former spouse, written directly into a divorce decree. If parents are of modest means, pro se representation might be an appropriate alternative to hiring a private child custody lawyer, but cost should not be the only consideration.
If you print out the pro se complaints on a federal docket, you'll see a lot are hand written, filed for free, in forma pauperis, by indigent people who may have a case but are in no position to know or even to explain it to a lawyer.  Many however are simply out of their minds.  One I read a few years ago was prepared by a plaintiff who was suing her doctor, everyone in her family, the neighbors, the police, the hospital.... for conspiring to take over her mind with implanted devices she was sure were in control.
If you represent yourself in an admin­istrative hearing you should be as respect­ful to the ALJ as you would be to a judge, even though the former wears a suit and the latter a robe. Moreover, whether you address your arguments to a judge or an ALJ, you have the same need to present a clear and persuasive case. Make sure you understand the basis of an agency’s action, or what evidence you need to produce to uphold your claim. Also, any witnesses you rely on should attend the hearing, and you should be ready to support your claim with documents and records.
Chicago, IL On March 31, participants in the Boeing Voluntary Investment Plan (VIP Plan) filed a class action ERISA lawsuit in the Northern District of Illinois. The lawsuit alleges that Boeing knew about problems with its 737 MAX series of airplanes and hid the bad news, all while encouraging plan participants to invest in company stock though the VIP Stock Fund. When the planes dove out of the sky, the stock price dropped, too. Although it hardly compares to the terrible and tragic loss of life, plan participants were also injured when their retirement savings vanished.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
Wilson complied, but then sued the federal government through his company, Defense Distributed. The lawsuit claimed the government was infringing on his First Amendment right to free speech by restraining him from posting the files. An Austin-based federal judge declined to issue a temporary injunction that would allow him to upload the files. An appeals court also declined, as did the U.S. Supreme Court.
“We are glad to be able to put this baseless lawsuit behind us,” a Netflix spokesperson said in the statement. “As we have said all along, ‘Stranger Things’ is a ground-breaking original creation by The Duffer Brothers. We are proud of this show and of our friends Matt and Ross, whose artistic vision gave life to ‘Stranger Things,’ and whose passion, imagination and relentless hard work alongside our talented cast and crew made it a wildly successful, award-winning series beloved by viewers around the world.”

It is likewise important that the "plaintiff selects the proper venue with the proper jurisdiction to bring his lawsuit." The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time of a reply. The service provides a copy of the complaint in order to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff.

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