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Federal Court Questions

Federal court is a label given to a system of courts that have jurisdiction at federal and national levels. The Federal court system handles matters that concern the US Constitution and federal laws, rules and regulations. Below are a few of the more commonly asked questions about federal court and they have been answered by Experts.

I was served a lawsuit for federal court, but there was no summons attached. Do I need to respond? I was actually added to a complaint already going on.

Usually, when a person receives a petition to court, they also receive a summons. It is possible that the plaintiff made a mistake and failed to send the summons when they sent the petition. In a situation like this, you generally have three choices:

1- You can claim that this was bad service and ignore the petition. This isn't the best thing to do because the plaintiff could tell the court that you were served and may get a default judgment against you. You would then have to prove the service was bad (that you didn't receive a summons to court).

2- You can file a Motion to Quash Service and Dismiss the Complaint pursuant to Federal Rules of Civil Procedure 12 et seq. However, it is very possible that that the plaintiff would serve you before you ever reached the hearing over the Quash motion.

3- The most popular of the three choices would be to file an answer. The chances of you being re-served are good. This is why option three is the one most used.

Is Superior Court considered Federal Court?

Superior Court is the court of the state. A plaintiff can bring a Federal Constitutional Law action into a state court, but more times than not, the plaintiff will remove the case to Federal Court. While the plaintiff has a choice as to which court they use, the best option would be to file in Federal Court.

In Federal court, can I file a motion to dismiss for lack of standing rather than answer the plaintiff's suit? Is that option available in a state (Texas)District Court? If (in that state court) one has already filed an answer, what is the procedure to bring a challenge to capacity/standing?

Usually, you would be able to file this motion for lack of jurisdiction and make a "special appearance". However, you will need to let the court know that you are disputing the jurisdiction and will make a special appearance. If you fail to do this, you may subject yourself to that court's jurisdiction when you file the pleading. You are allowed to challenge a jurisdiction up to the time that the judge/jury makes a judgment.

You can still claim lack of jurisdiction if this federal suit is going off of the state suit where you have already answered the suit. The claim will have to be based off of the fact that the amount in question is not $75,000 or more or that the plaintiff and defendant are residing in the same state.

how do I access a form to file a case/compliant in Federal Court in Indianapolis Indiana?

The link below contains standard Federal legal forms.
http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/RulesAndForms/IllustrativeCivilRulesForms.aspx

When filing in the federal Court, the rules for doing so are specific. Filing may be difficult for a person who isn't familiar with case law. Before attempting to file on your own, you should study the forms and Federal rules of Procedure. You should study for at least a week before attempting to file yourself.

Federal court describes a system of courts that have jurisdiction at a federal and national level. The federal courts’ role is to handle matters that concern the US constitution and Federal laws, rules and regulations. Many people are unaware of the difference between the courts and run into legal problems. If you have a situation concerning federal court and need legal answers, you could ask an Expert to provide legal insight based on an evaluation of the particulars of your case.

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Tina
Tina, Lawyer
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Satisfied Customers: 8690
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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Recent Federal Court Questions

  • ! This question is Educator, Esq., please.Good

    ! This question is Educator, Esq., please. Good Afternoon. Please, could you explain me the following situation: I already submitted signature all the subpoenas to the Federal Court. The Judge issued an Order in regards ***** ***** subpoenas asking me to clarify the info about the telephone companies - if I had been or have been a customer of all the mentioned by me Companies. While I started working on my response to this Order, I found the document which was originally requested to be printed by the policeman who falsely arrested me (the same day when the documents was printed). The document says that there is no criminal records on my name. There is another "report", which I even can not call the "document", which was "printed" (as it says) and says that there are two pending "orders" on my name and one "trespass notice". Later, I found out in the local Court that there are no any records proving that I had pending "orders" described in the mentioned "report". My question is: If the "printed by [some policeman] report" can be considered as the real document which can allow the policeman to arrest the person (this report was created and printed by the policeman on the next day, on 28th, when I was in jail (18 hours)), if I did not have any criminal records by this time (and by now of course) as the printed from the computer system document said? The "printed document" performed by the communication officer does contain about 2 times less telephone numbers which I had ever had since by that time. I changed my numbers very quickly, because I was harassed on the phone by several different people. Maybe I can present to the judge (attach to my response) the computerized report saying that I did not have any criminal records at that time and there is the chance that this documents will end all the process of discovery? What kind of perfect proof can be submitted by me about the false offenses and false arrest? Thank you so much in advance!

  • Is it against the law bill collector to call your employment

    Is it against the law for a bill collector to call your employment or anybody and give them information about your debt. For example if you wrote a check to a check cashing store and you still owe on it and the bill collector tells someone that you wrote a bad check.
  • This question is Educator, Esq. ! I would like

    This question is for the Law Educator, Esq. Hello! I would like to ask the question in regards ***** ***** one of the cases pending in the First Circuit Court of Appeals. There are 2 cases for each Federal Court Cases pending in the Court of Appeals. One case (the first one) was already dismissed, but the order said that there is another case pending regarding the same issue and that I can describe the additional evidences for the same defenants but for the case opened in the Appeal Court Later. Do I need to wait until this Appeal Court issues the order and then file additional info in regards ***** ***** case? Or I have to submit the certain document myself and do not wait for any order? What does it mean the fact that say that the first case was dismissed? I already filed accordingly the document for the first appeal case. Thank you!

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