The court system is a tangled web and we will untangle it for you.
There are two court systems: federal and state. As a Professional Legal Nurse Consultant (PLNC), you’ll most likely be dealing with cases in the state court system. While the court systems vary from state to state, the overarching similarity is that there are three levels. The courts may each be called something different depending upon the state, though.
State Court Systems
Trial Court: This is the entry point for lawsuits. Depending upon the facts and alleged damages, it will determine exactly in which court the lawsuit will be filed. Examples of trial courts are circuit court, chancery court, superior court, general sessions court, environmental court, criminal court, etc.
Appellate Court: This the next level of courts. If a plaintiff or defendant wants to appeal the lower court’s decision, it’ll be to the appellate court. An example of an appellate court is a court of appeal.
Supreme Court: This is the highest level of courts. Remember, the exact name of the court may be different depending upon the state. An example of a supreme court is the (State name) Supreme Court.
Federal Court Systems
District Court: The district court is the trial court in the federal system. A district court may serve a city and surrounding areas. An example of the district court is United States District Court for (State Name) for the Western District.
Circuit Court: This is the court of appeal which usually serves several neighboring states. An example of the circuit court is the Sixth Circuit Court of Appeal.
Supreme Court of the United States: This is the highest-level court in the land. It’s called the Supreme Court of the United States.
How Cases Proceed Through the Court System
If a person, or entity, is ready to file a lawsuit, their Complaint must be filed in the appropriate court. The first decision is where to file it: state or federal court. There are certain requirements for filing in state or federal court that must be met. Failure to meet them could result in a dismissal. It’s imperative to know the filing requirements prior to filing a case.
Once the case is filed in the right court, discovery begins. This is when depositions can be taken, interrogatories are served, requests for production of documents are also served, and all manner of requests are made of the opposing parties.
When the case is set for trial will usually determine the deadline for discovery. The trial date could be near or far, but at least there is, potentially, an end date.
There are motions filed and argued in advance of trial. The outcome of the motions determines the course of the case. If the case proceeds to trial, there will be a prevailing party.
Either side can appeal the decision of the trial court, but it is usually the losing party who appeals.
After required documents are filed with the appellate court, the justices will decide the outcome. There may or may not be oral argument.
Depending upon the case, the litigant(s) may or may not be able to appeal the case to the highest- level court.
This primer should help you navigate the complex court systems.
P.S. What’s the name of your trial court?