State and Federal Court Differences

Typically, the lawsuit attorney you hire will decide what the proper forum is to file your legal lawsuits. However, there are often times where the initial consultation with a lawyer doesn’t occur till after filing, or it is only after filing do you realize that you need a lawyer to help your case. This primer will describe your filing options generally, and explain what some of the basic differences are.

The State Court

The majority of claims filed usually involve issues best left for the state court. State court claims predominantly involve some aspect of state law being violated, such as the state labor code, civil code, and various state provisions involving contract or tort law. Filing in state courts, depending on jurisdiction, involve many different stages and procedures to follow.

Process of State Courtrooms

Typically, state court proceedings begin with pleadings/complaints being filed on behalf of the plaintiff, alleging what the violations of law are and what the demand for relief is. Plaintiffs will then initiate a discovery process to obtain evidence, and exchange possible settlement demands in an effort to avoid going to trial.  Often, judges will allow or demand that the parties initiate in an alternative dispute resolution program, such as mediation or arbitration, to also avoid going trial. If alternative dispute resolution or settlement meetings do not work, trial dates are set and the case goes forward for resolution.

State Court proceedings are favored when it is a state claim made and larger than the statutory limit of small claims are made. State court proceedings can seem simple enough, however it is not wise to simply proceed on with a case without speaking to an attorney to ensure that you are protected and are pursuing the right course of action. A lawyer can guide your state claim and make sure you meet all the various filing obligations and deadlines required.

The Federal Court

Finally, the last possible forum for beginning a lawsuit is the federal court. The federal civil litigation court handles claims involving federal law and rights, such as Civil Rights litigation, constitutional complaints, and various areas of federal law such as the Fair Labor Standards Act. State claims can accompany federal lawsuits, but they must be based on the same set of facts involving the federal claim.

The federal court operates on a similar pleading system as many of the state courts, subject to particular deadline and procedures differences contained in the Federal Rules of Civil Procedure.