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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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Rights cases can I file both state and federal cases or I

Customer Question

for civil rights cases can I file both state and federal cases or I have to choose one or the other ,, I want to increase my chances to win if I file 2 cases also what decides if it is jury decided case or not in both sate or federal , I live in florida .
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

You can allege state civil rights violations in a federal civil rights case, as long as the claims are related to the same transaction or occurrence - basically, as long as all your claims have the same factual basis, you can file them together in the same court. Consolidating the cases can save you time and money, because there will only be one trial. You can also choose to file one set of claims in each court - but the other party could move to put one case on hold until the other is resolved. Theoretically, you could file in one court, see if you win, and then file in the other, but you have to be very aware of the statute of limitations (which depends on the type of case), and I don't know how long it's been since the incident you're suing over occurred.

Florida law gives you the right to demand a jury in any case where there's a dispute as to the facts (and when you're drafting the Complaint, you can usually assume they'll dispute your facts). R. 1.430. The federal rule is substantially similar to that one. Rule 38. You just need to present a written demand for a jury trial, which is usually included in the Complaint.

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