Court Case Court is easy. No matter what kind of court case you have. If you are in Traffic Court, Small Claims Court, Family Court, City Court, Municipal Court, Superior Court, District Court, Circuit Court or Federal Court. They are not magical mystical organizations filled with surprises and you personally can use the courts for your benefit or protection. Every court has Rules of the Court to help you file the necessary documents for your court case. You should be able get a copy of those rules from the court you will be in. Most courts use the FRCP (Federal Rules of Civil Procedure) as the core rules and make changes that they apply locally or in their particular court. Then connect the dots. Court is a step by step process. The more you learn about court the more you will get out of your court case. The rewards can be huge. And since the rules and procedures are clearly, by law, step by step and in black and white. There is really little chance of surprises. The judge is supposed to make sure everyone follows the same rules. There are basically two kinds of court cases. Civil and criminal. You can file a complaint against, sue, anyone. You can sue companies, elected officials, cities, towns, banks, the phone company etc. If they make a law that says you cannot sue them then sue the lawmakers. The open and free court system is one of the main reasons the USA has grown and become so powerful so quickly. Between fair and just laws and the court system to help us define issues and right wrongs. Justice is a very powerful force for good as long as we have it and as long as it is real. When the court system and the lawmakers become unjust, self centered or corrupt you will soon see the society spiral downward. People tend to look at courts in many different ways. Some people understand that the judge is ruled under the same laws as we all are and that the judge can be challenged, others still hang onto the yoke and think judges are kings or representatives of a monarchy.

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Did you ever wonder why some judges seem angry all the time? It's our fault; they sit there day after day and see people do the dumbest things. It is against the law for a judge to be on one side or the other. And if you don't take the time to do your homework to prepare, a clever and prepared opponent or lawyer can legally clean your clock.

Basically the court system is tiered and every state can have a slightly different structure but they almost all have a higher authority to answer to.

Traffic Court, Small Claims Courts, Family Courts, City Courts, Municipal Courts, Superior Courts, District Courts, Circuit Courts, Federal Courts basically all have the same structure with different Jurisdictions, Venues and higher courts.

Clerk of the Court

You will probably become more acquainted with the Clerk of the Court than anyone else. The clerk manages the paperwork of the case from the very beginning including issuing a case number.

Keep in mind that judges are people too. Courts are busy and when you see the judge open your case file there is a chance that it is the first time they have learned about your case and what they see in the file and learn about the case is only what you and your opponent have submitted, usually via the clerk, into the case file like answers, motions or discovery requests. So be sure and learn how courts work and have your ducks in a row.

Thinking that real court cases are like what you see on TV can be a huge mistake. The case is "In the File" so do your homework, get the forms, make the requests and use the Court as it is designed, for your benefit. If the case gets to the point of "Under Oath Testimony" it is an extra added attraction that forces everyone to "we hope" tell the truth. A lie in writing via a pleading like an answer to a complaint is much more precisely punishable than hearsay or anything else uttered.

Asking for testimony via motions or discovery prior to a trail is how the lawyers and other professionals win in court.

You can get copies of the FRCP and other court rules and forms: Click here