Tuesday, August 24, 2010

File a case in state court or federal court....?

How do you know which to file in?File a case in state court or federal court....?
You can only file in federal court if you meet certain minimum criteria -- for example, either the lawsuit must involve a federal statute (called ';federal question jurisdiction';), or the person you are suing must be in a different state AND the amount of the lawsuit must be over $75,000 (called ';diversity jurisdiction';).





If you do not qualify under either federal question or diversity jurisdiction, then you must file in state court.





A few issues -- bankruptcy, admiralty, copyright -- can only be filed in federal court, because they are exclusively federal questions.File a case in state court or federal court....?
if its not a big deal than you shouldnt make a federal case out of it
Each one has some areas of law that they are interested in and some that they are not. And there will be a small amount of overlap.


Your attorney will know which court it should be filed in.
What is your lawsuit about? If we knew what it was about, we could tell you which jurisdiction to file it in.





Cory is right about the criteria of where to file - are you a lawyer?

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