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Questions about Circuit Court Rules

Circuit courts are a cluster of courts that work together, providing a region with a justice system. These courts try cases and hear appeals within the region assigned to them. Each court system will vary in scope depending upon the region in which they cover. Lawyers on JustAnswer answer a wide variety of circuit court questions and can answer any questions that you may have. Below are five of the top circuit court questions answered by the Experts.

Can a person file a motion to dismiss a District Court case if the case is pending in the Circuit Court?

You can file a motion to dismiss the District Court case on the grounds that the case is already pending if it is the same case in both courts. As an alternative, you can file a Motion to Stay pending the outcome of the circuit court case. You need to speak with the judge and explain the case is already pending in another court, and the outcome of that case will affect the district case.

Can the circuit court force a couple to divorce if DSS makes the request?

While Department of Social Security (DSS) or a child protective agency can have one parent keep a child from another parent, they do not have the authority to require someone file for divorce. Under the United States Constitution, marriage is a fundamental right, therefore the local court cannot require a married couple to divorce. If the court does try to make the couple divorce; the court would be violating the couple’s civil rights.

If a lender is no longer in business, is there any way to remove a lien from a title without filing a motion with the circuit court?

Unless you can find the lender and have them release the title, there is usually only one way to clear the lien and title. If you fail to find someone from the business, the court is your only option to clear the lien which will clear the title. If you fail to clear the title before selling the asset, the buyer could sue you for breach of the warranty of merchantability for not providing a clear title.

In a circuit court/family law situation, when an order is submitted to the judge for signature, does it require the signature of both the plaintiff’s and defendant’s attorney?

Both attorneys are not actually required to sign an order but they need to review the order before it is submitted to the judge for signature. Usually one of the attorneys will prepare the order then he will forward the order to the other attorney. Once the second attorney approves the order, it is then submitted to the judge. If you feel that there is a mistake in the order, you could file for reconsideration.

Is there a way to stop a person from adding a judgment in their bankruptcy?

You cannot stop a person from adding any unpaid debt to their bankruptcy petition. Bankruptcy Law is a federal law and the same law applies in all states. However you can file a Complaint to Object to the Disability of your debt. This is called an Adversary proceeding which is like a normal trial but it will take place within the bankruptcy forum. This proceeding does not guarantee that the judge will rule in your favor. You may want to consider hiring a bankruptcy lawyer to file the case for you if you are not familiar with the court system. Dealing with a circuit court can be frustrating for anyone who has never had to deal with this type of situation. The legal words alone can be confusing to someone who isn’t familiar with law. If you want informative answers to tough legal questions related to the circuit court or the federal circuit court of appeals, you can ask a Lawyer on JustAnswer. The Experts on JustAnswer answer a wide range of questions related to the circuit court system and can offer legal insights on your individual situation.
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