Helpful tips

Can you sue in federal court?

Can you sue in federal court?

If your case is based on a violation of state law and not federal law, you can only sue in federal court if you and your opponents are citizens of different states and the amount in controversy exceeds $75,000. There are two other requirements for suing in federal court when the case is based on diversity.

Who can remove a case to federal court?

The original defendant(s) may remove the action to federal court. Whether a defendant to a counterclaim, crossclaim or third party action, etc. (who may be the plaintiff in the original action), may remove the case to federal court is another question. The majority of courts hold that such removal is not allowed.

How a person can obtain proper jurisdiction in federal court?

You can only sue the federal government or a federal agency in federal court. The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.

What is subject matter jurisdiction in federal court?

Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court. While litigating parties may waive personal jurisdiction, they cannot waive subject-matter jurisdiction.

Do you need personal jurisdiction in federal court?

Personal jurisdiction is largely a constitutional requirement, though also shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory. It is possible for either venue or personal jurisdiction to preclude a court from hearing a case.

How to get Indiana Supreme Court case number?

Tell us what you think of the new site. Enter a case number, or a citation number, or a cross reference number.

When to countersue if sued in Small Claims Court?

There are several reasons to countersue. When you file a counterclaim, you are forcing the plaintiff in the original suit to act as a defendant. You can serve the counter-defendant by certified mail, through a disinterested party over the age of 18, by sheriff delivery or via substituted service.

Where do I file a counterclaim against a lawsuit?

File your counterclaim. Give the clerk of courts a copy of your complaint at the same location where the plaintiff filed the original complaint. You may file the counterclaim at the same time you file your answer. Make sure that you keep a copy of the counterclaim for you records. Pay the filing fee.

Where can I find a federal court case?

Since 1999, many case files are maintained electronically and are available through the internet-based Public Access to Court Electronic Records (PACER) service. PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information.

Where can I find the Indiana Supreme Court website?

Odyssey Public Access (the “MyCase” website) is a platform for online services provided by the Office of Judicial Administration (the “Office”). Electronic access to court information is restricted by federal and state law in addition to court rules and orders.

There are several reasons to countersue. When you file a counterclaim, you are forcing the plaintiff in the original suit to act as a defendant. You can serve the counter-defendant by certified mail, through a disinterested party over the age of 18, by sheriff delivery or via substituted service.

File your counterclaim. Give the clerk of courts a copy of your complaint at the same location where the plaintiff filed the original complaint. You may file the counterclaim at the same time you file your answer. Make sure that you keep a copy of the counterclaim for you records. Pay the filing fee.

How to search for non-confidential cases in Indiana?

Search for non-confidential cases in Indiana courts that use the Odyssey case management system. This site replaces the original version previously available at mycase.in.gov. Tell us what you think of the new site. Enter a case number, or a citation number, or a cross reference number.

How do I file a federal discrimination lawsuit?

How to file a discrimination lawsuit in federal court

  1. Your name and contact information.
  2. The agency’s name and contact information.
  3. Confirmation that you exhausted your administrative remedies.
  4. A list of factual allegations that explain how the agency discriminated against you.

Can a Canadian citizen sue an American citizen?

While there, they can be sued in the same manner as American citizens—anyone physically in the United States, except for people with diplomatic immunity, are “subject to the jurisdiction” of the United States, meaning they can be served with American court process and are bound by the orders and judgments of American …

Can you sue in federal court in New York?

If you are involved in a car accident with one person from New Jersey and one person from New York, you cannot sue in federal court. Since you are from the same state as one of the defendants, there is not complete diversity of citizenship.

Where to file a lawsuit in Brooklyn NY?

The Clerk’s Office in both Brooklyn, NY, and Central Islip, NY, will only accept paper filings in the drop box in the lobby of the courthouse. Attorneys filing with this court are strongly encouraged to file electronically. Paper filings may be delayed.

Are there any federal courts in New York?

New York US Federal District Courts Case Law The federal district courts are the trial courts in the federal court system. New York has four federal district courts, which are the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of New York.

How to request federal court records in New York?

The nature of the litigation (civil, criminal, bankruptcy, admiralty, etc.) You can send your request to: You can also send a fax to 212-401-1638 or e-mail us at [email protected] Please provide your mailing address, telephone number, and e-mail address (optional) in your request.