What They Are and How to Research Them
Regulate business before court ◦ Control operation of court ◦ Control conduct of litigants ◦ Span from font type to crucial deadlines They’re the law…kind of. ◦ Have force of law Lawyers HAVE to know them ◦ Violations can lead to court sanctions ◦ Parties charged with knowledge of rules ◦ Clients charged with omissions of attorneys ◦ Potentially malpractice for failure to comply with rules
Supreme CourtU.S. Courts of Appeals U.S. District Courts (and Bankruptcy Courts)
Pennsylvania Supreme Court ◦ Rule making power in state constitution ◦ Can delegate authority Lower courts ◦ Can make local rules ◦ So long as those do not conflict with those of Pa. Supreme Court
Congress! ◦ Delegates power to judiciary ◦ Supreme Court empowered to make rules of practice and procedure for it and lower courts Lower courts ◦ Can make local rules ◦ So long as those do not conflict with those of U.S. Supreme Court
Rules of practice ◦ Rules of Civil Procedure ◦ Rules of Criminal Procedure ◦ Rules of Evidence ◦ Rules of Appellate Procedure Special court rules ◦ Supreme Court Orphans’ Court Rules ◦ Magisterial District Court Rules of Conduct, Office Standards, and Civil Procedure for Magisterial District Judges ◦ Local rules!
Attorney ◦ Bar Admission Rules ◦ Rules of Professional Conduct ◦ Rules of Disciplinary Enforcement ◦ Rules and Regulations of Continuing Legal Education ◦ Interest on Lawyers Trust Account Board Regulations Judicial ◦ Rules of Judicial Administration ◦ Code of Judicial Conduct
Rules of practice ◦ Rules of Civil Procedure ◦ Rules of Criminal Procedure ◦ Rules of Evidence ◦ Rules of Appellate Procedure Special court rules ◦ Rules of Supreme Court ◦ Rules of Bankruptcy ◦ Rules of Court of Claims ◦ Rules of Court of International Trade ◦ Local rules!
Attorney ◦ Varies ◦ District courts usually adopt professional rules of jurisdiction Judicial ◦ Code of Conduct for United States Judges ◦ Rules for Judicial-Conduct and Judicial-Disability Proceedings
Court websites Government codes, print and online ◦ Federal: Some included as appendix to title 28 of U.S.C. ◦ State: Titles of Pennsylvania [Administrative] Code Commercial print publications ◦ West’s Pennsylvania Rules of Court (federal & local) ◦ Commonwealth of Pennsylvania Court Rules ◦ Lexis federal rule pamphlets (Free! Ask Steve!)
Online Databases ◦ Commercial: Citations to primary and secondary resources Sometimes too many! ◦ Taken the place of reporters and digests If you find a weird cite, e.g. F.R.D. see a librarian Free: ◦ Cornell LII, Justia, etc.
Treatises, like the ones Peter talked about ◦ Types Overall Can be multi…multi volume works Subject Court ◦ Mostly Online ◦ Pa. books may not be online Other secondary sources, e.g. law reviews Form books Dockets, like the ones Lindsey talked about ◦ Pleadings