Federal Court Questions
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.
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.