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What They Are and How to Research Them.  Regulate business before court ◦ Control operation of court ◦ Control conduct of litigants ◦ Span from font.

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Presentation on theme: "What They Are and How to Research Them.  Regulate business before court ◦ Control operation of court ◦ Control conduct of litigants ◦ Span from font."— Presentation transcript:

1 What They Are and How to Research Them

2  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

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4 Supreme CourtU.S. Courts of Appeals U.S. District Courts (and Bankruptcy Courts)

5  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

6  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

7  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!

8  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

9  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!

10  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

11  Court websites  Government codes, print and online ◦ Federal: Some included as appendix to title 28 of U.S.C. ◦ State: Titles 201-246 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!)

12  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.

13  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

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